Law Responsibility And Vulnerability
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| Author | : James Gallen |
| Publisher | : Routledge |
| Total Pages | : 267 |
| Release | : 2021-09-30 |
| Genre | : Law |
| ISBN | : 0429662963 |
This book addresses how law and public policy cause or exacerbate vulnerability in individuals and groups. Bringing together scholars, judges and practitioners, it identifies how individuals and groups can become vulnerabilised through the operation of law, and examines how the State can acknowledge and remedy that impact. The book offers not only a theoretical, ethical and normative conception of vulnerability in law, but also an evaluation of the diverse practices of responding to vulnerability in law through accountability mechanisms and public campaigns. The analysis of vulnerability contained in this volume is enhanced by the common use of Ireland as a case study. Despite the robust rights protections available at national, regional and international level, Ireland remains a State where at risk people have experienced vulnerability across a range of thematic areas, such as criminal law, migration and asylum, historical abuse, LGBTI rights and austerity. Drawing on comparative analyses and a consideration of the role of international law in domestic settings, this book offers a comparison of diverse national and transnational attempts to ensure State accountability and responsiveness to legally created vulnerabilities. The book demonstrates lessons learned from theory and practice regarding how vulnerability can be experienced by individuals and groups, structured by law and addressed through legal and political action. This book will be of considerable interest to socio-legal and "law and society" scholars, as well as others working in international human rights, jurisprudence, philosophy, legal theory, political theory, feminist theory, and ethics.
| Author | : Bryan S. Turner |
| Publisher | : Penn State Press |
| Total Pages | : 168 |
| Release | : 2015-10-29 |
| Genre | : Social Science |
| ISBN | : 0271030445 |
The mass violence of the twentieth century’s two world wars—followed more recently by decentralized and privatized warfare, manifested in terrorism, ethnic cleansing, and other localized forms of killing—has led to a heightened awareness of human beings’ vulnerability and the precarious nature of the institutions they create to protect themselves from violence and exploitation. This vulnerability, something humans share amid the diversity of cultural beliefs and values that mark their differences, provides solid ground on which to construct a framework of human rights. Bryan Turner undertakes this task here, developing a sociology of rights from a sociology of the human body. His blending of empirical research with normative analysis constitutes an important step forward for the discipline of sociology. Like anthropology, sociology has traditionally eschewed the study of justice as beyond the limits of a discipline that pays homage to cultural relativism and the “value neutrality” of positivistic science. Turner’s expanded approach accordingly involves a truly interdisciplinary dialogue with the literature of economics, law, medicine, philosophy, political science, and religion.
| Author | : Martha Albertson Fineman |
| Publisher | : Routledge |
| Total Pages | : 516 |
| Release | : 2016-11-25 |
| Genre | : Business & Economics |
| ISBN | : 1315387522 |
Taking a cross-cultural perspective, this book explores how privatization and globalization impact contemporary feminist and social justice approaches to public responsibility. Feminist legal theorists have long problematized divisions between the private and the political, an issue with growing importance in a time when the welfare state is under threat in many parts of the world and private markets and corporations transcend national boundaries. Because vulnerability analysis emphasizes our interdependency within social institutions and the need for public responsibility for our shared vulnerability, it can highlight how neoliberal policies commodify human necessities, channeling unprofitable social relationships, such as caretaking, away from public responsibility and into the individual private family. This book uses comparative analyses to examine how these dynamics manifest across different legal cultures. By highlighting similarities and differences in legal responses to vulnerability, this book provides important insights and arguments against the privatization of social need and for a more responsive state.
| Author | : Martha Albertson Fineman |
| Publisher | : Routledge |
| Total Pages | : 246 |
| Release | : 2016-02-11 |
| Genre | : Law |
| ISBN | : 1317000900 |
Martha Albertson Fineman’s earlier work developed a theory of inevitable and derivative dependencies as a way of problematizing the core assumptions underlying the ’autonomous’ subject of liberal law and politics in the context of US equality discourse. Her ’vulnerability thesis’ represents the evolution of that earlier work and situates human vulnerability as a critical heuristic for exploring alternative legal and political foundations. This book draws together major British and American scholars who present different perspectives on the concept of vulnerability and Fineman's ’vulnerability thesis’. The contributors include scholars who have thought about vulnerability in different ways and contexts prior to encountering Fineman’s work, as well as those for whom Fineman’s work provided an introduction to thinking through a vulnerability lens. This collection demonstrates the broad and intellectually exciting potential of vulnerability as a theoretical foundation for legal and political engagements with a range of urgent contemporary challenges. Exploring ways in which vulnerability might provide a new ethical foundation for law and politics, the book will be of interest to the general reader, as well as academics and students in fields such as jurisprudence, philosophy, legal theory, political theory, feminist theory, and ethics.
| Author | : Colleen M. Flood |
| Publisher | : University of Ottawa Press |
| Total Pages | : 850 |
| Release | : 2020-07-14 |
| Genre | : Social Science |
| ISBN | : 077663643X |
The novel coronavirus SARS-CoV-2, which causes the disease known as COVID-19, has infected people in 212 countries so far and on every continent except Antarctica. Vast changes to our home lives, social interactions, government functioning and relations between countries have swept the world in a few months and are difficult to hold in one’s mind at one time. That is why a collaborative effort such as this edited, multidisciplinary collection is needed. This book confronts the vulnerabilities and interconnectedness made visible by the pandemic and its consequences, along with the legal, ethical and policy responses. These include vulnerabilities for people who have been harmed or will be harmed by the virus directly and those harmed by measures taken to slow its relentless march; vulnerabilities exposed in our institutions, governance and legal structures; and vulnerabilities in other countries and at the global level where persistent injustices harm us all. Hopefully, COVID-19 will forces us to deeply reflect on how we govern and our policy priorities; to focus preparedness, precaution, and recovery to include all, not just some. Published in English with some chapters in French.
| Author | : Joan E. Sieber |
| Publisher | : SAGE |
| Total Pages | : 265 |
| Release | : 2013 |
| Genre | : Education |
| ISBN | : 1452202591 |
""Two important aspects covered in this text are the ethical considerations in qualitative research methodologies, and the attention that is needed in University Research Ethics Committees to understanding and addressing these methodologies.""
| Author | : Moritz Baumgärtel |
| Publisher | : Cambridge University Press |
| Total Pages | : 207 |
| Release | : 2019-05-09 |
| Genre | : Law |
| ISBN | : 1108496490 |
Evaluates and reconsiders how the human rights of vulnerable migrants are protected through Europe's supranational courts.
| Author | : Erin I. Kelly |
| Publisher | : Harvard University Press |
| Total Pages | : 241 |
| Release | : 2018-11-12 |
| Genre | : Philosophy |
| ISBN | : 0674980778 |
Faith in the power and righteousness of retribution has taken over the American criminal justice system. Approaching punishment and responsibility from a philosophical perspective, Erin Kelly challenges the moralism behind harsh treatment of criminal offenders and calls into question our society’s commitment to mass incarceration. The Limits of Blame takes issue with a criminal justice system that aligns legal criteria of guilt with moral criteria of blameworthiness. Many incarcerated people do not meet the criteria of blameworthiness, even when they are guilty of crimes. Kelly underscores the problems of exaggerating what criminal guilt indicates, particularly when it is tied to the illusion that we know how long and in what ways criminals should suffer. Our practice of assigning blame has gone beyond a pragmatic need for protection and a moral need to repudiate harmful acts publicly. It represents a desire for retribution that normalizes excessive punishment. Appreciating the limits of moral blame critically undermines a commonplace rationale for long and brutal punishment practices. Kelly proposes that we abandon our culture of blame and aim at reducing serious crime rather than imposing retribution. Were we to refocus our perspective to fit the relevant moral circumstances and legal criteria, we could endorse a humane, appropriately limited, and more productive approach to criminal justice.
| Author | : United States. Department of Justice |
| Publisher | : |
| Total Pages | : 720 |
| Release | : 1985 |
| Genre | : Justice, Administration of |
| ISBN | : |
| Author | : Sven Fuchs |
| Publisher | : Cambridge University Press |
| Total Pages | : 369 |
| Release | : 2018-03-22 |
| Genre | : Business & Economics |
| ISBN | : 1107154898 |
A comprehensive overview of the concepts of vulnerability and resilience for natural hazards research for both physical and social scientists.
