Law Responsibility And Vulnerability
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Law Responsibility And Vulnerability
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Author : James Gallen
language : en
Publisher: Routledge
Release Date : 2021-09-30
Law Responsibility And Vulnerability written by James Gallen and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-30 with Law categories.
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.
Privatization Vulnerability And Social Responsibility
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Author : Martha Albertson Fineman
language : en
Publisher: Routledge
Release Date : 2016-11-25
Privatization Vulnerability And Social Responsibility written by Martha Albertson Fineman and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-25 with Business & Economics categories.
Taking a cross-cultural perspective, this book explores how privatization and globalization impact contemporary feminist and social justice approaches to public responsibility. Feminist legal theorists have long problematized divisions between the private and the political, an issue with growing importance in a time when the welfare state is under threat in many parts of the world and private markets and corporations transcend national boundaries. Because vulnerability analysis emphasizes our interdependency within social institutions and the need for public responsibility for our shared vulnerability, it can highlight how neoliberal policies commodify human necessities, channeling unprofitable social relationships, such as caretaking, away from public responsibility and into the individual private family. This book uses comparative analyses to examine how these dynamics manifest across different legal cultures. By highlighting similarities and differences in legal responses to vulnerability, this book provides important insights and arguments against the privatization of social need and for a more responsive state.
Vulnerability
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Author : Martha Albertson Fineman
language : en
Publisher: Routledge
Release Date : 2016-02-11
Vulnerability written by Martha Albertson Fineman and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-02-11 with Law categories.
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 Vulnerability And The Responsive State
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Author : Martha Albertson Fineman
language : en
Publisher: Taylor & Francis
Release Date : 2023-10-09
Law Vulnerability And The Responsive State written by Martha Albertson Fineman and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-10-09 with Social Science categories.
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.
Vulnerable Consumers And The Law
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Author : Christine Riefa
language : en
Publisher: Routledge
Release Date : 2020-10-27
Vulnerable Consumers And The Law written by Christine Riefa and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-27 with Law categories.
This book charts the difficulties encountered by vulnerable consumers in their access to justice, through the contributions of prominent authors (academic, practitioners and consultants) in the field of consumer law and access to justice. It demonstrates that despite the development of ADR, access to justice is still severely lacking for the vulnerable consumer. The book highlights that a broad understanding of access to justice, which encompasses good regulation and its public enforcement, is an essential ingredient alongside access to the mechanisms of traditional private justice (courts and ADR) to protect the vulnerable consumer. Indeed, many of the difficulties are linked to normative obstacles and lack of access to justice is primarily a vulnerability in itself that can exacerbate existing ones. In addition, because it may contribute to ‘pushing’ already vulnerable consumers into social exclusion it is not simply about economic justice but also about social justice. The book shows that lack of access to justice is not irreversible nor is it necessarily linked to consumer apathy. New technologies could provide solutions. The book concludes with a plea for developing ‘inclusive’ justice systems with more emphasis on public enforcement alongside effective courts systems to offer the vulnerable with adequate means to defend themselves. This book will be suitable for both students and practitioners, and all those with an interest in the justice system.
Vulnerability The Accused And The Criminal Justice System
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Author : Roxanna Dehaghani
language : en
Publisher: Taylor & Francis
Release Date : 2023-06-15
Vulnerability The Accused And The Criminal Justice System written by Roxanna Dehaghani and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-06-15 with Law categories.
This book is concerned with the vulnerability of suspects and defendants in criminal proceedings and the extent to which the vulnerable accused can effectively participate in the criminal process. Commencing with an exploration of how vulnerability is defined and identified, the collection examines and analyses how vulnerability manifests and is addressed at the police station and in court, addressing both child and adult accused persons. Leading and emerging scholars, along with practitioners with experience working in the field, explore and unpack the human rights and procedural implications of suspect and defendant vulnerability and examine how their needs are supported or disregarded. Drawing upon different disciplinary approaches and a range of analyses – doctrinal, theoretical and empirical – this book offers unique insights into the vulnerability and treatment of the criminal accused. In bringing together a diverse range of perspectives, the book offers key insights into the recognition of and responses to vulnerability among suspect and defendant populations in criminal justice systems across European jurisdictions. The book will be a valuable resource for academics, practitioners and policymakers interested in how vulnerable suspects and defendants are protected throughout the criminal process, and those working in the areas of law, criminology, sociology, human rights and psychology.
Vulnerabilities Care And Family Law
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Author : Julie Wallbank
language : en
Publisher: Routledge
Release Date : 2013-11-26
Vulnerabilities Care And Family Law written by Julie Wallbank and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11-26 with Law categories.
While in the past family life was characterised as a "haven from the harsh realities of life", it is now recognised as a site of vulnerabilities and a place where care work can go unacknowledged and be a source of social and economic hardship. This book addresses the strong relationships that exist between vulnerability and care and dependency in particular contexts, where family law and social policy have a contribution to make. A fundamental premise of this collection is that vulnerability needs to be analysed in a way that gets at the heart of the differential power relationships that exist in society, particularly in respect of access to family justice, including effective social policy and law targeted at the specific needs of families in mutually dependent caring relationships. It is therefore crucial to critically examine the various approaches taken by policy makers and law reformers in order to understand the range of ways that some families, and some family members, may be rendered more vulnerable than others. The first book of its kind to provide an intersectional approach to this subject, Vulnerabilities, Care and Family Law will be of interest to students and practitioners of social policy and family law.
Privatization Vulnerability And Social Responsibility
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Author : Martha Albertson Fineman
language : en
Publisher: Taylor & Francis
Release Date : 2016-11-25
Privatization Vulnerability And Social Responsibility written by Martha Albertson Fineman and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-25 with Business & Economics categories.
Cover -- Title -- Copyright -- CONTENTS -- 1 Introduction -- PART I Analyzing privatization -- 2 Three faces of privatization -- 3 Big government against social responsibility: A vulnerability critique of privatization's public priorities -- 4 Rethinking responsibility in private law -- 5 In the land of choice: Privatized reality and contractual vulnerability -- PART II Privatization and corporatization -- 6 Entrepreneurial subjectivity, the privatization of risk, and the ethics of vulnerability.
Justice And Vulnerability In Europe
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Author : Trudie Knijn
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-11-27
Justice And Vulnerability In Europe written by Trudie Knijn and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-27 with Political Science categories.
Justice and Vulnerability in Europe contributes to the understanding of justice in Europe from both a theoretical and empirical perspective. It shows that Europe is falling short of its ideals and justice-related ambitions by repeatedly failing its most vulnerable populations.
Responsibility Law And The Family
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Author : Jo Bridgeman
language : en
Publisher: Routledge
Release Date : 2016-04-08
Responsibility Law And The Family written by Jo Bridgeman and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-08 with Law categories.
Focusing on moral, social and legal responsibilities as opposed to rights or obligations, this volume explores the concept of responsibility in family life, law and practice. Divided into four parts, the study considers the nature of family responsibility; constructions of children's responsibilities; shifting conceptions of family responsibilities; and family, responsibility and the law. The collection brings together leading experts from the disciplines of sociology, socio-legal studies and law to discuss responsibilities prior to birth, responsibilities for children, as well as responsibilities of children and of the state towards family members. The volume informs and challenges the developing conceptualization of responsibilities which arise in interdependent, intimate and caring relationships and their legal regulation. It will be of great interest to researchers and practitioners working in this complex field.