Law, Vulnerability, and the Responsive State

2023-10-09 Social Science

Author : Martha Albertson Fineman
Release : 2023-10-09
Genre : Social Science
Kind : eBook
Book Rating : 103/5 ( reviews)

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Book Synopsis Law, Vulnerability, and the Responsive State by : Martha Albertson Fineman

Download or read book Law, Vulnerability, and the Responsive State written by Martha Albertson Fineman. This book was released on 2023-10-09. Available in PDF, EPUB and Kindle. Book excerpt: This book considers how vulnerability theory provides the basis for a reconceptualization of the liberal ideas of autonomy, equality, and freedom. Vulnerability theory argues a “vulnerable legal subject” should displace the “liberal legal subject” that currently dominates law and policy. The theory is based on the fundamental empirical realities of the material body and offers an alternative to a social contract or rights-based notion of state responsibility, both of which tend to privilege abstractions such as rationality or dignity. A vulnerability analysis poses law and policy questions based on the “vulnerable legal subject” and requires new thinking about state or governmental responsibility. To achieve a truly comprehensive and inclusive notion of what constitutes social justice or a universal or common good, vulnerability theory mandates a reassessment of both equality and freedom as these concepts are currently conceived. Presenting the work of scholars from a wide range of doctrinal areas, it is this task that the book takes up. In particular, in recognizing that many social or institutional relationships entail uneven positions of dependence and reliance, it maintains that individualized notions of equality or freedom are inadequate and must be reformulated to include a sense of collective or social justice, incorporating asymmetric or unequal allocations of responsibility, and requiring appropriate limitations on the individual. This book’s reorientation of the subject, as well as the central objectives of law and policy, will appeal to scholars and students in law, vulnerability studies, gender studies, critical legal and political theory, politics, philosophy, and sociology.

Vulnerability

2016-02-11 Law

Author : Martha Albertson Fineman
Release : 2016-02-11
Genre : Law
Kind : eBook
Book Rating : 900/5 ( reviews)

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Book Synopsis Vulnerability by : Martha Albertson Fineman

Download or read book Vulnerability written by Martha Albertson Fineman. This book was released on 2016-02-11. Available in PDF, EPUB and Kindle. Book excerpt: Martha Albertson Fineman’s earlier work developed a theory of inevitable and derivative dependencies as a way of problematizing the core assumptions underlying the ’autonomous’ subject of liberal law and politics in the context of US equality discourse. Her ’vulnerability thesis’ represents the evolution of that earlier work and situates human vulnerability as a critical heuristic for exploring alternative legal and political foundations. This book draws together major British and American scholars who present different perspectives on the concept of vulnerability and Fineman's ’vulnerability thesis’. The contributors include scholars who have thought about vulnerability in different ways and contexts prior to encountering Fineman’s work, as well as those for whom Fineman’s work provided an introduction to thinking through a vulnerability lens. This collection demonstrates the broad and intellectually exciting potential of vulnerability as a theoretical foundation for legal and political engagements with a range of urgent contemporary challenges. Exploring ways in which vulnerability might provide a new ethical foundation for law and politics, the book will be of interest to the general reader, as well as academics and students in fields such as jurisprudence, philosophy, legal theory, political theory, feminist theory, and ethics.

Law, Responsibility and Vulnerability

2021-09-30 Law

Author : James Gallen
Release : 2021-09-30
Genre : Law
Kind : eBook
Book Rating : 963/5 ( reviews)

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Book Synopsis Law, Responsibility and Vulnerability by : James Gallen

Download or read book Law, Responsibility and Vulnerability written by James Gallen. This book was released on 2021-09-30. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses how law and public policy cause or exacerbate vulnerability in individuals and groups. Bringing together scholars, judges and practitioners, it identifies how individuals and groups can become vulnerabilised through the operation of law, and examines how the State can acknowledge and remedy that impact. The book offers not only a theoretical, ethical and normative conception of vulnerability in law, but also an evaluation of the diverse practices of responding to vulnerability in law through accountability mechanisms and public campaigns. The analysis of vulnerability contained in this volume is enhanced by the common use of Ireland as a case study. Despite the robust rights protections available at national, regional and international level, Ireland remains a State where at risk people have experienced vulnerability across a range of thematic areas, such as criminal law, migration and asylum, historical abuse, LGBTI rights and austerity. Drawing on comparative analyses and a consideration of the role of international law in domestic settings, this book offers a comparison of diverse national and transnational attempts to ensure State accountability and responsiveness to legally created vulnerabilities. The book demonstrates lessons learned from theory and practice regarding how vulnerability can be experienced by individuals and groups, structured by law and addressed through legal and political action. This book will be of considerable interest to socio-legal and "law and society" scholars, as well as others working in international human rights, jurisprudence, philosophy, legal theory, political theory, feminist theory, and ethics.

Vulnerability and the Legal Organization of Work

2017-07-06 Business & Economics

Author : Martha Albertson Fineman
Release : 2017-07-06
Genre : Business & Economics
Kind : eBook
Book Rating : 554/5 ( reviews)

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Book Synopsis Vulnerability and the Legal Organization of Work by : Martha Albertson Fineman

Download or read book Vulnerability and the Legal Organization of Work written by Martha Albertson Fineman. This book was released on 2017-07-06. Available in PDF, EPUB and Kindle. Book excerpt: This book uses the concepts of vulnerability and resilience to analyze the situation of individuals and institutions in the context of the employment relationship. It is based on the premise that both employer and employee are vulnerable to various social, economic, and political forces, although differently so. It demonstrates how in responding to those complementary institutional relationships of employer and employee the state unequally and inequitably favors employers over employees. Several chapters included in this collection also consider how the state shapes, creates and maintains through law the social identities of employer and employee and how that legal regime operates as the allocation of power and privilege. This unique and fundamental role of the state in defining the employment relationship profoundly affects the respective abilities and degree of resiliency of actual employers and employees. Other chapters explore how attention to the respective vulnerability and resilience of those who do and those who direct work in assessing the employment relationship can raise fundamental questions of social justice and suggest new avenues for critical engagement with labor and employment law. Collectively, these pieces articulate a framework for imaging what would constitute an appropriately "Responsive State" in the employment context and how those interested in social justice might begin to use the concepts of vulnerability and resilience in their arguments.

The Autonomy Myth

2005 Political Science

Author : Martha Albertson Fineman
Release : 2005
Genre : Political Science
Kind : eBook
Book Rating : 761/5 ( reviews)

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Book Synopsis The Autonomy Myth by : Martha Albertson Fineman

Download or read book The Autonomy Myth written by Martha Albertson Fineman. This book was released on 2005. Available in PDF, EPUB and Kindle. Book excerpt: An exposé of flaws in American policies regarding the self-reliance of families argues that policymakers have compromised the well-being of everyday individuals by limiting the definition of acceptable family units and placing unrealistic responsibilities on contemporary families, presenting a model for "caretaking relationships" that provides extra support for children and the elderly. Reprint.

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