当前货币:CNY

您的购物车中没有商品。

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

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

  • 作者:
  • 出版商: Routledge
  • ISBN: 9781032346632
  • 出版时间 October 2023
  • 规格: Paperback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only

List Price: ¥434.28

¥421.25 Save ¥13.03 (3%)

发货时间:大约 4-5 weeks
Extra 2-10 working days if shipping address outside Hong Kong
Free delivery Hong Kong?
Hong Kong: free delivery (order over HKD 1000)
  • 描述 
  • 大纲 
  • 详细

    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.

  • 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

你可能需要