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

Vulnerability theory provides a basis for a reconceptualization of the liberal ideas of autonomy, equality, and freedom by arguing that a "vulnerable legal subject" should replace the "liberal legal subject" that currently dominates law and policy. It 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.

Format: Hardback
Length: 274 pages
Publication date: 09 October 2023
Publisher: Taylor & Francis Ltd

This book delves into the profound implications of vulnerability theory for reimagining the core principles of liberalism, including autonomy, equality, and freedom. Vulnerability theory challenges the dominant notion of a "liberal legal subject" and proposes a shift towards a "vulnerable legal subject" as the focal point of legal and policy analysis. This theoretical framework is grounded in the empirical realities of the material body, offering an alternative to traditional social contract or rights-based understandings of state responsibility. By centering on the experiences and vulnerabilities of individuals and groups, vulnerability theory prompts us to reevaluate the responsibilities of the state and government.

A vulnerability analysis raises critical questions about law and policy, demanding a fresh perspective on state or governmental responsibility. To achieve a truly comprehensive and inclusive understanding of social justice or a universal or common good, vulnerability theory necessitates a reassessment of equality and freedom as they are currently conceived. This book brings together the insights of scholars from diverse doctrinal areas, emphasizing the need to recognize the uneven positions of dependence and reliance in many social or institutional relationships. It argues that individualized notions of equality or freedom are insufficient and must be reformulated to encompass a sense of collective or social justice, incorporating asymmetric or unequal allocations of responsibility and necessitating appropriate limitations on individual autonomy.

This book's innovative reorientation of the subject matter and its central objectives will appeal to scholars and students engaged in law, vulnerability studies, gender studies, critical legal and political theory, politics, philosophy, and sociology. By exploring the intersection of vulnerability, power, and justice, this book offers valuable insights into the complex dynamics of contemporary society and the urgent need for transformative legal and policy frameworks that prioritize the well-being and dignity of all individuals and groups.

Weight: 694g
Dimension: 234 x 156 (mm)
ISBN-13: 9781032346656