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Law, Vulnerability, and the Responsive State: Beyond Equality and Liberty

Edited by: Martha Albertson Fineman, Laura Spitz

ISBN13: 9781032346632

Published: October 2023

Publisher: Routledge

Country of Publication: UK

Format: Paperback

Price: £36.99

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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. Importantly, 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.

Subjects:: Law and Society

Contents:: Introduction: Understanding Vulnerability; Martha Albertson Fineman; I. Legal Structures: The Constitution and the Mechanisms of Justice; 1. Restructuring the Constitution for Human Resilience; Martha T. McCluskey; 2. Vulnerability Theory and Access to Justice: Elaborating Possibilities for Legal System Design; Andrew Pilliar; II. Role of Social Movements in Vulnerability Theory; 3. Toward a Responsive Landscape: The Role of Social Movements in Vulnerability Theory; Kathryn Abrams; 4. Law, Public Policy, and Social Movements to Support and Strengthen Individual and Collective Interests of Labor; Risa L. Lieberwitz; III. Organizing The Economic Infrastructure; 5. The Corporation, Vulnerability, and Resilience; Lua Kamál Yuille; 6. Market Citizenship, Resilience Drainage, and the Role of Private Law; Hila Keren and Ronit Donyets-Kedar; IV. The Public Nature Of “Private” Property; 7. Housing Trusts and Resilient Cities: Hierarchy, Resources, and Resilience; Marc L. Roark; 8. A Vulnerability Reinterpretation of the Fair Housing Act; Xiaoqian Hu; V. The Ultimate “Private” Space – The Construction Of The Family; 9. The Elder Catch: Engineering the Future of Caregiving; Jessica Dixon Weaver; 10. Vulnerability Theory and the Conception of Time; June Carbone and Naomi Cahn; VI. Dimensions Of Public And Private In Health Care; 11. A Vulnerability Approach to the “Right to Health Care”: Addressing Epistemic Vulnerability; Matthew B. Lawrence; 12. Disability, Vulnerability, and Public Health Emergencies; Ani B. Satz; VII. Vulnerability and Sovereignty; 13. Using Vulnerability Theory to Reconceive the Relationships Between Native Nations, the United States, and State Governments; Nazune Menka and Laura Spitz