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A Jurisprudence of the BodyReasoning from the Body: Universal Vulnerability and Social Justice

A Jurisprudence of the Body: Reasoning from the Body: Universal Vulnerability and Social Justice [This chapter offers a clear roadmap for the application of vulnerability theory. It engages with the ontology of the body in order to highlight the universality of vulnerability. This embodied vulnerability and the inevitable social dependency that goes alongside it provide a clear and unambiguous challenge to liberal understandings of legal subjectivity grounded in liberty, autonomy, and rationality. Placing vulnerability at the centre of governance and policy-making necessitates a responsive state that recognises law as both an inherently social endeavour and a primary instrument of accomplishing social justice. Recognising vulnerability as the human condition redirects our ideas about what it means to be human and compels the state to respond to this. This, in turn, shapes legal relationships and social institutions, as well as informs what we consider to be justice within those arrangements and institutions.] http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png

A Jurisprudence of the BodyReasoning from the Body: Universal Vulnerability and Social Justice

Part of the Palgrave Socio-Legal Studies Book Series
Editors: Dietz, Chris; Travis, Mitchell; Thomson, Michael
Fineman, Martha Albertson
A Jurisprudence of the Body — Aug 6, 2020
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17 pages

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Publisher
Springer International Publishing
Copyright
© The Editor(s) (if applicable) and The Author(s) 2020. Chapter 5 is licensed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/). For further details see licence information in the chapter.
ISBN
978-3-030-42199-1
Pages
17 –34
DOI
10.1007/978-3-030-42200-4_2
Publisher site
See Chapter on Publisher Site

Abstract

[This chapter offers a clear roadmap for the application of vulnerability theory. It engages with the ontology of the body in order to highlight the universality of vulnerability. This embodied vulnerability and the inevitable social dependency that goes alongside it provide a clear and unambiguous challenge to liberal understandings of legal subjectivity grounded in liberty, autonomy, and rationality. Placing vulnerability at the centre of governance and policy-making necessitates a responsive state that recognises law as both an inherently social endeavour and a primary instrument of accomplishing social justice. Recognising vulnerability as the human condition redirects our ideas about what it means to be human and compels the state to respond to this. This, in turn, shapes legal relationships and social institutions, as well as informs what we consider to be justice within those arrangements and institutions.]

Published: Aug 6, 2020

Keywords: Vulnerability; Dependency; Social justice; Legal subject; Responsive state

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