Law Vulnerability And The Responsive State
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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.
The Autonomy Myth
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Author : Martha Fineman
language : en
Publisher:
Release Date : 2004
The Autonomy Myth written by Martha Fineman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Social Science categories.
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.
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.
Relational Vulnerability
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Author : Ellen Gordon-Bouvier
language : en
Publisher: Springer Nature
Release Date : 2020-11-15
Relational Vulnerability written by Ellen Gordon-Bouvier and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-15 with Social Science categories.
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.
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.
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.
Survival October November 2020 Pandemics And Politics
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Author : The International Institute for Strategic Studies (IISS)
language : en
Publisher: Taylor & Francis
Release Date : 2023-04-21
Survival October November 2020 Pandemics And Politics written by The International Institute for Strategic Studies (IISS) and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-04-21 with History categories.
Survival, the IISS’s bimonthly journal, challenges conventional wisdom and brings fresh, often controversial, perspectives on strategic issues of the moment. In this issue: Adam Roberts explores pandemics and politics through the ages, arguing that trust in leadership is essential in the struggle against infectious diseases Rebecca Barber and Sarah Teitt contend that ASEAN should take a more activist approach to the Rohingya crisis to salvage its credibility Greg Austin assesses the strategic implications of China’s weak cyber defences Øystein Tunsjø casts doubt on the prospect of the Arctic becoming a theatre of great-power conflict And eight more thought-provoking pieces, as well as our regular book reviews and Noteworthy column.
Climate Litigation And Vulnerabilities
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Author : Maria Antonia Tigre
language : en
Publisher: Taylor & Francis
Release Date : 2025-06-19
Climate Litigation And Vulnerabilities written by Maria Antonia Tigre and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-06-19 with Law categories.
This volume explores climate litigation as a means to tackle the rights and socio-ecological, intergenerational, gender, racial, and other justice implications of the ever-growing vulnerability to climate change, whilst critically engaging with the notions of vulnerability and intersectional climate justice. With insightful analysis, thought-provoking case studies, and a global perspective, the collection illustrates the opportunities and pitfalls of litigation pursued by people from the Global South who face intersecting forms of oppression and marginalisation amidst the climate crisis. Contributors discuss litigation strategy, novel legal arguments, institutional barriers, and unique socio-ecological and political challenges in the Global South. Divided into two parts, the book recognises that climate change is an existential threat to humanity more frequently being tackled in courts worldwide. The first part exposes the limits of litigation as a mechanism for intersectional climate justice for vulnerable people in the Global South. The second part highlights innovations in climate litigation in pursuit of intersectional climate justice. The book will be of interest to academics, researchers, and policymakers in the areas of human rights law, environmental law, climate law, Latin American studies, South Asian studies, and African studies.
Vulnerability And The Legal Organization Of Work
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Author : Martha Albertson Fineman
language : en
Publisher: Routledge
Release Date : 2017-07-06
Vulnerability And The Legal Organization Of Work 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 2017-07-06 with Business & Economics categories.
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.
Autonomy Care And Family Law
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Author : Anna Heenan
language : en
Publisher: Bloomsbury Publishing
Release Date : 2024-01-11
Autonomy Care And Family Law written by Anna Heenan and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-01-11 with Law categories.
There is a tension at the heart of family law and policy between the increasing influence of individual autonomy and the demands of caring for children. Individual autonomy envisages decisions made in one's own best interests, whereas decisions around care are often made for the good of the family, and may conflict with the caregiver's individual interests. Whereas individual autonomy valorises economic self-sufficiency, caregiving responsibilities constrain choice and conflict with paid work. This book explores this tension to consider how, given changing social trends, family law and policy should take account of caregiving responsibilities on parental separation. Crucially, it suggests that we need to rethink family law by placing care at its centre. This book draws on original empirical data to explore the experiences of parents in England and Wales, where the division of paid work and care is considered a choice, and Sweden, where parents are encouraged to work full-time, supported by wellfunded state childcare. This comparative perspective sheds light on whether the clash between the ideas of autonomy and care could be reconciled in a more gender equal society. The book argues that caregiving is hidden from, and undervalued by, law and policy in both jurisdictions, underscoring the need for the proposed new approach. The law needs to think more deeply about what it means to care, and how the care provided by parents differs. Anna Heenan outlines how family law might look different if the proposed framework, based on placing care at the heart of family law, is adopted.