Law Vulnerability And The Responsive State
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Law, Vulnerability, and the Responsive State
Author: Martha Albertson Fineman
language: en
Publisher: Taylor & Francis
Release Date: 2023-10-09
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.
The Autonomy Myth
A brilliant expose of the contradiction between the American myth of self-reliance and the reality of an interdependent society. In a truly paradigm-shifting book, Martha Albertson Fineman, the influential and always-provocative legal theorist, makes the fascinating case that the sexually affiliated couple is not the appropriate building block for contemporary families. Rather, society should be organized around "caretaking relationships," particularly those involving children or elderly dependents. Having previously argued in her widely acclaimed The Neutered Mother for the end of marriage, Fineman here tries to extrapolate out beyond changes in the family itself to other adjacent social institutions, considering what types of adjustments are necessary to achieve a more just and realistic allocation of responsibility for dependency. Sure to cause an uproar in fields ranging from law to economics and social welfare, The Autonomy Myth offers an important new way to think about society and its institutions.
Relational Vulnerability
Author: Ellen Gordon-Bouvier
language: en
Publisher: Springer Nature
Release Date: 2020-11-15
This book breaks new theoretical ground by constructing a framework of ‘relational vulnerability’ through which it analyses the disadvantaged position of those who undertake unpaid caregiving, or ‘dependency-work’, in the context of the private family. Expanding on existing socio-legal scholarship on vulnerability and resilience, it charts how the state seeks to conceal the embodied and temporal reality of vulnerability and dependency within the private family, while promoting an artificial concept of autonomous personhood that exposes dependency-workers work to a range of harms. The book argues that the legal framework governing the married and unmarried family reinforces principles of individualism and rationality, while labelling dependency-work as a private, gendered, and sentimental endeavor, lacking value beyond the family. It also considers how the state can respond to relational vulnerability and foster resilience. It seeks to provide a more comprehensive understanding of resilience, theorising its normative goals and applying these to different hypothetical state responses.