Care Reimagined: Transforming Law by Embracing Interdependence

31 Pages Posted: 16 Nov 2023

See all articles by Robyn Powell

Robyn Powell

Stetson University College of Law; Brandeis University - The Heller School for Social Policy and Management

Date Written: October 17, 2023

Abstract

Building upon the foundation laid by All Our Families: Disability Lineage and the Future of Kinship, this Review examines the complex issues surrounding care and their relevance to people with disabilities. Part I delves into the contrasting perspectives of the disability rights movement and disability justice. By juxtaposing the emphasis on independence with a focus on interdependence, I unravel the intricate dynamics shaping the care experiences of disabled people. Part II presents a descriptive analysis unveiling the current realities of care. In doing so, I seek to expose the limited availability and access to care, the legal and bureaucratic impediments hindering effective care delivery, and the pervasive inequities faced by both unpaid and paid caregivers. Finally, Part III proposes a normative vision for reimagining care. I suggest strategies for broadening availability and access to care, challenging legal and bureaucratic impediments to care, confronting caregiver inequities, and fostering mutual aid networks within disabled communities. This Review’s analysis of care issues and transformative proposals aims to enrich disability, health, and family law discourse, providing valuable insights and shaping discussions and actions toward more inclusive and equitable legal frameworks and practices.

Keywords: disability law, health law, family law, care, caregiving

JEL Classification: K36, K32, I14, I18, I13

Suggested Citation

Powell, Robyn, Care Reimagined: Transforming Law by Embracing Interdependence (October 17, 2023). Michigan Law Review, 2024 Forthcoming, Available at SSRN: https://ssrn.com/abstract=4605241 or http://dx.doi.org/10.2139/ssrn.4605241

Robyn Powell (Contact Author)

Stetson University College of Law ( email )

1401 61st Street South
Gulfport, FL 33707
United States

Brandeis University - The Heller School for Social Policy and Management ( email )

MA
United States

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