Abstract

http://ssrn.com/abstract=1131407
 
 

Citations (4)



 
 

Footnotes (66)



 


 



The Vulnerable Subject: Anchoring Equality in the Human Condition


Martha Albertson Fineman


Emory University School of Law


Yale Journal of Law & Feminism, Vol. 20, No. 1, 2008
Emory Public Law Research Paper No. 8-40

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.

Number of Pages in PDF File: 23

Keywords: equality, constitutional law, critical theory, feminism, gender, race, class, disability, social contract theory, jurisprudence, human capacities, law and society

Accepted Paper Series


Download This Paper

Date posted: May 10, 2008 ; Last revised: June 19, 2012

Suggested Citation

Fineman, Martha Albertson, The Vulnerable Subject: Anchoring Equality in the Human Condition. Yale Journal of Law & Feminism, Vol. 20, No. 1, 2008; Emory Public Law Research Paper No. 8-40. Available at SSRN: http://ssrn.com/abstract=1131407

Contact Information

Martha Albertson Fineman (Contact Author)
Emory University School of Law ( email )
1301 Clifton Road
Atlanta, GA 30322
United States
404-712-2421 (Phone)
Feedback to SSRN


Paper statistics
Abstract Views: 5,461
Downloads: 1,590
Download Rank: 5,220
Citations:  4
Footnotes:  66

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo7 in 0.250 seconds