Fineman, M (2019) Vulnerability and Social Justice. Valparaiso University Law Review, 53 (2). pp. 341-370. ISSN 0042-2363
Abstract
This Article briefly considers the origins of the term social justice and its evolution beside our understandings of human rights and liberalism, which are two other significant justice categories. After this reflection on the contemporary meaning of social justice, I suggest that vulnerability theory, which seeks to replace the rational man of liberal legal thought with the vulnerable subject, should be used to define the contours of the term. Recognition of fundamental, universal, and perpetual human vulnerability reveals the fallacies inherent in the ideals of autonomy, independence, and individual responsibility that have supplanted an appreciation of the social. I suggest that we need to develop a robust language of state or collective responsibility, one that recognizes that social justice is realized through the legal creation and maintenance of just social institutions and relationships.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © 2018 by Valparaiso University Law Review. This is the peer reviewed version of the following article: Martha Albertson Fineman, Vulnerability and Social Justice, 53 Val. U. L. Rev. 341 (2019). , which has been published in final form in Valparaiso University Law Review. Uploaded in accordance with the publisher's self-archiving policy |
Keywords: | social justice; vulnerability theory; inequality; neoliberalism; social institutions; social relationships |
Dates: |
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Institution: | The University of Leeds |
Academic Units: | The University of Leeds > Faculty of Education, Social Sciences and Law (Leeds) > School of Law (Leeds) |
Depositing User: | Symplectic Publications |
Date Deposited: | 16 May 2019 09:37 |
Last Modified: | 03 May 2022 14:00 |
Published Version: | https://scholar.valpo.edu/vulr/vol53/iss2/2/ |
Status: | Published |
Publisher: | Valparaiso University School of Law |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:145927 |