Age, Equality, and Vulnerability

21 Theoretical Inquiries in Law 161 (2020)

26 Pages Posted: 3 Dec 2019 Last revised: 30 Jan 2020

Date Written: 2020

Abstract

This Article uses age as an entry point for examining how temporal and methodological issues in egalitarianism make substantive equality an unattractive goal for vulnerability theory. Instead, vulnerability theory should adopt a continuous doctrine of sufficiency, which is a better fit with vulnerability theory’s underlying aims and rhetoric. Instead of evaluating what individuals have in relation to others, sufficiency refocuses the inquiry on whether we have enough throughout the lifecourse. In the context of vulnerability theory, enough should be defined as the capability to be resilient as guaranteed by the responsive state.

Keywords: age, capability, discrimination, equality, resilience, sufficiency, time, vulnerability

Suggested Citation

Boni-Saenz, Alexander Antonio, Age, Equality, and Vulnerability (2020). 21 Theoretical Inquiries in Law 161 (2020), Available at SSRN: https://ssrn.com/abstract=3490254 or http://dx.doi.org/10.2139/ssrn.3490254

Alexander Antonio Boni-Saenz (Contact Author)

Chicago-Kent College of Law ( email )

565 W. Adams St.
Chicago, IL 60661-3691
United States

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