A Framework for Theoretical Inquiry into Law and Aging

Nina A. Kohn, A Framework for Theoretical Inquiry into Law and Aging, 21 Theoretical Inquiries in Law 187 (2020).

20 Pages Posted: 17 Jul 2020

See all articles by Nina A. Kohn

Nina A. Kohn

Syracuse University - College of Law; Yale Law School

Date Written: March 1, 2020

Abstract

With populations aging worldwide, the need for appropriate and just public policy related to old age is critical. Elder law scholars can support the creation of such policy by advancing the theoretical understanding of the relationship between law and aging — understanding that can help policymakers identify and prioritize goals, and evaluate potential interventions. This Article aims to provide a framework for this work by distilling the core theoretical questions at the intersection of law and aging. It also challenges common assumptions that could pose a barrier to developing a more robust theory of law and aging. Specifically, it argues that scholarship in this area will be most fruitful if it recognizes that the study and practice of “elder law” are intertwined but not a single unified field, that “preferential” treatment of older adults can be a form of discrimination, and that old age is not a universal human experience.

Keywords: Elder law; aging; gerontology; legal theory

JEL Classification: K36, K23, H41, H53, I30, Z18

Suggested Citation

Kohn, Nina A., A Framework for Theoretical Inquiry into Law and Aging (March 1, 2020). Nina A. Kohn, A Framework for Theoretical Inquiry into Law and Aging, 21 Theoretical Inquiries in Law 187 (2020)., Available at SSRN: https://ssrn.com/abstract=3634924

Nina A. Kohn (Contact Author)

Syracuse University - College of Law ( email )

Syracuse, NY 13244-1030
United States
315-443-6565 (Phone)

Yale Law School ( email )

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
26
Abstract Views
247
PlumX Metrics