Match!

The Vulnerable Subject: Anchoring Equality in the Human Condition

Published on May 10, 2008in Yale Journal of Law and Feminism
· DOI :10.4324/9780203848531-26
Martha Albertson Fineman16
Estimated H-index: 16
(Emory University)
Abstract
This essay develops the concept of vulnerability in order to argue for a more responsive state and a more egalitarian society. Vulnerability is and should be understood to be universal and constant, inherent in the human condition. The vulnerability approach is an alternative to traditional equal protection analysis; it represents a post-identity inquiry in that it is not focused only on discrimination against defined groups, but concerned with privilege and favor conferred on limited segments of the population by the state and broader society through their institutions. As such, vulnerability analysis concentrates on the institutions and structures our society has and will establish to manage our common vulnerabilities. This approach has the potential to move us beyond the stifling confines of current discrimination-based models toward a more substantive vision of equality.
  • References (0)
  • Citations (224)
References0
Newest
Cited By224
Newest
#1Philipp Wassler (BU: Bournemouth University)H-Index: 4
#2Maria Kuteynikova (BU: Bournemouth University)
Source
3 CitationsSource
#1Kate Smith (University of Huddersfield)H-Index: 3
#2Louise Waite (University of Leeds)H-Index: 13
Source
#1John R. Morss (LSAC: Law School Admission Council)H-Index: 10
Source
2 CitationsSource
#1Jennifer Driscoll ('KCL': King's College London)H-Index: 4
3 CitationsSource
#1Lindsay-Ann Coyle (Durham University)H-Index: 2
#2Sarah Atkinson (Durham University)H-Index: 30
2 CitationsSource
Source
Source
#1Kate Brown (Ebor: University of York)H-Index: 15
#2Emma Wincup (University of Leeds)H-Index: 5
Source