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

1st Edition

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

Edited By Martha Albertson Fineman, Laura Spitz Copyright 2024
290 Pages 1 B/W Illustrations
by Routledge

290 Pages 1 B/W Illustrations
by Routledge

290 Pages 1 B/W Illustrations
by Routledge
Also available as eBook on:
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... Read more

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

Biography

Martha Albertson Fineman is Robert W. Woodruff Professor of Law and the Founding Director of The Vulnerability and Human Condition Initiative at Emory University, Georgia, USA.

Laura Spitz is Vice Provost for Global Engagement and Professor of Law at Seattle University, Washington, USA.

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