Vulnerability, the Responsive State, and the Role of Religion

In Exploring Vulnerability, H. Springhart and G. Thomas (eds.), Vandenhoeck & Ruprecht 2017

Emory Legal Studies Research Paper

20 Pages Posted: 19 Dec 2017

See all articles by Martha Albertson Fineman

Martha Albertson Fineman

Emory University School of Law

Silas W. Allard

Emory University School of Law

Date Written: December 1, 2017

Abstract

It addresses the growing (and empirically based) perception that the law, politics, and the state itself is failing its most fundamental task of ensuring a just and equitable society. It argues that we must intentionally and attentively construct a system of laws and legal responsibility that is responsive to and recognizes everyone in society has needs as individuals, as well as considering the role that institutions play in individual and collective lives. The following pages sets forth an argument for the intentional and society-centric development of a political and legal ethic of compassion that mandates a more socially responsive state than currently exists in many Western democracies. It does so by first considering the universality of human vulnerability and dependency and subsequently recognizing the responsibility of the state to respond to the implications and consequences of that shared human condition.

Keywords: vulnerability, state responsibility, religion, legal theory, dependency, social justice, compassion

Suggested Citation

Fineman, Martha Albertson and Allard, Silas W., Vulnerability, the Responsive State, and the Role of Religion (December 1, 2017). In Exploring Vulnerability, H. Springhart and G. Thomas (eds.), Vandenhoeck & Ruprecht 2017, Emory Legal Studies Research Paper, Available at SSRN: https://ssrn.com/abstract=3088101

Martha Albertson Fineman (Contact Author)

Emory University School of Law ( email )

1301 Clifton Road
Atlanta, GA 30322
United States
404-712-2421 (Phone)

Silas W. Allard

Emory University School of Law ( email )

1301 Clifton Road
Atlanta, GA 30322
United States

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