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  • Open Daily: 10am - 10pm
    Alley-side Pickup: 10am - 7pm

    3038 Hennepin Ave Minneapolis, MN
    612-822-4611

Open Daily: 10am - 10pm | Alley-side Pickup: 10am - 7pm
3038 Hennepin Ave Minneapolis, MN
612-822-4611
Law, Vulnerability, and the Responsive State: Beyond Equality and Liberty

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

Fineman, Martha Albertson
Spitz, Laura

Paperback

Series: Gender in Law, Culture, and Society

General LawGeneral Sociology

ISBN10: 1032346639
ISBN13: 9781032346632
Publisher: Routledge
Published: Oct 9 2023
Pages: 274
Weight: 0.90
Height: 0.61 Width: 6.14 Depth: 9.21
Language: English

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.

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