Martha Albertson Fineman – författare

This book considers how vulnerability theory provides the basis for a reconceptualization of the liberal ideas of autonomy, equality, and freedom.

Vulnerability theory argues a “vulnerable legal subject” should displace the “liberal legal subject” that currently dominates law and policy. The theory is based on the fundamental empirical realities of the material body and offers an alternative to a social contract or rights-based notion of state responsibility, both of which tend to privilege abstractions such as rationality or dignity. A vulnerability analysis poses law and policy questions based on the “vulnerable legal subject” and requires new thinking about state or governmental responsibility. To achieve a truly comprehensive and inclusive notion of what constitutes social justice or a universal or common good, vulnerability theory mandates a reassessment of both equality and freedom as these concepts are currently conceived. Presenting the work of scholars from a wide range of doctrinal areas, it is this task that the book takes up. In particular, in recognizing that many social or institutional relationships entail uneven positions of dependence and reliance, it maintains that individualized notions of equality or freedom are inadequate and must be reformulated to include a sense of collective or social justice, incorporating asymmetric or unequal allocations of responsibility, and requiring appropriate limitations on the individual.

This book’s reorientation of the subject, as well as the central objectives of law and policy, will appeal to scholars and students in law, vulnerability studies, gender studies, critical legal and political theory, politics, philosophy, and sociology.

This book considers how vulnerability theory provides the basis for a reconceptualization of the liberal ideas of autonomy, equality, and freedom.

Vulnerability theory argues a “vulnerable legal subject” should displace the “liberal legal subject” that currently dominates law and policy. The theory is based on the fundamental empirical realities of the material body and offers an alternative to a social contract or rights-based notion of state responsibility, both of which tend to privilege abstractions such as rationality or dignity. A vulnerability analysis poses law and policy questions based on the “vulnerable legal subject” and requires new thinking about state or governmental responsibility. To achieve a truly comprehensive and inclusive notion of what constitutes social justice or a universal or common good, vulnerability theory mandates a reassessment of both equality and freedom as these concepts are currently conceived. Presenting the work of scholars from a wide range of doctrinal areas, it is this task that the book takes up. In particular, in recognizing that many social or institutional relationships entail uneven positions of dependence and reliance, it maintains that individualized notions of equality or freedom are inadequate and must be reformulated to include a sense of collective or social justice, incorporating asymmetric or unequal allocations of responsibility, and requiring appropriate limitations on the individual.

This book’s reorientation of the subject, as well as the central objectives of law and policy, will appeal to scholars and students in law, vulnerability studies, gender studies, critical legal and political theory, politics, philosophy, and sociology.

Vulnerability theory identifies structural and institutional factors that build or undermine the resilience of individuals and organisations. This volume uses vulnerability theory to explore how the organisation of the teaching and research activities of universities impact the resilience of academics and also how these activities themselves are impacted by contemporary developments in universities and educational policy.

The starting point of enquiry is that neither academics nor universities are invulnerable, and that urgent attention is needed to reverse developments that undermine their resilience. The contributions focus on universities in the US and UK, legal education in the UK, criminal justice in the UK, Brazilian legal education, research in deprived communities, and the ethics of medical professionals. This broad range of subjects is connected by use of vulnerability theory to interrogate academic practices and universities as organisations which should build resilience in their workforce and communities and in so doing secure their own resilience, but which far too often fail to do so, and actually undermine resilience. It is argued this is not due to malefic intentions but to institutional features of the sector and society.

Of immediate interest to anyone who works in, studies at, or relies upon the research mission of universities, and to those involved in the management of universities, this book will also be relevant to policy analysts and policymakers, who will find value in the reframing of vital issues in higher education policy by vulnerability theory, allowing a more realistic and productive policy environment to develop. This book was originally published as a special issue of The Law Teacher.

Vulnerability theory identifies structural and institutional factors that build or undermine the resilience of individuals and organisations. This volume uses vulnerability theory to explore how the organisation of the teaching and research activities of universities impact the resilience of academics and also how these activities themselves are impacted by contemporary developments in universities and educational policy.

The starting point of enquiry is that neither academics nor universities are invulnerable, and that urgent attention is needed to reverse developments that undermine their resilience. The contributions focus on universities in the US and UK, legal education in the UK, criminal justice in the UK, Brazilian legal education, research in deprived communities, and the ethics of medical professionals. This broad range of subjects is connected by use of vulnerability theory to interrogate academic practices and universities as organisations which should build resilience in their workforce and communities and in so doing secure their own resilience, but which far too often fail to do so, and actually undermine resilience. It is argued this is not due to malefic intentions but to institutional features of the sector and society.

Of immediate interest to anyone who works in, studies at, or relies upon the research mission of universities, and to those involved in the management of universities, this book will also be relevant to policy analysts and policymakers, who will find value in the reframing of vital issues in higher education policy by vulnerability theory, allowing a more realistic and productive policy environment to develop. This book was originally published as a special issue of The Law Teacher.

Feminists have recently begun to challenge the powerful influence of the law on the social and cultural construction of women’s roles, identities, and rights. At the Boundaries of Law is a timely and path-breaking work that provides a series of non-technical, interdisciplinary explorations into the nature and effects of legal regulation on women’s lives. Together the essays examine the fertile – and radically revisionary – links between feminism and legal theory.

But At the Boundaries of Law rejects the abstract ‘grand theorizing’ of traditional feminist legal theory, focusing instead on the concrete and material implications of the legal injustices endured by women. These essays emphasise the complex diversity of female experience, collectively arguing for legal theory and practice that both recognises and accommodates the concept of ‘difference’ – in gender, class, race and sexual orientation.

At the Boundaries of Law also raises provocative questions about the methodology and future of feminist legal theory itself. In its rich variety of issues and approaches, this volume will command the interest not only of legal theorists, but of those interested in women’s studies, philosophy, politics, sociology and history. It is sure to set the future agenda for scholars, policymakers and anyone concerned with the role of law in society.

Feminists have recently begun to challenge the powerful influence of the law on the social and cultural construction of women’s roles, identities, and rights. At the Boundaries of Law is a timely and path-breaking work that provides a series of non-technical, interdisciplinary explorations into the nature and effects of legal regulation on women’s lives. Together the essays examine the fertile – and radically revisionary – links between feminism and legal theory.

But At the Boundaries of Law rejects the abstract ‘grand theorizing’ of traditional feminist legal theory, focusing instead on the concrete and material implications of the legal injustices endured by women. These essays emphasise the complex diversity of female experience, collectively arguing for legal theory and practice that both recognises and accommodates the concept of ‘difference’ – in gender, class, race and sexual orientation.

At the Boundaries of Law also raises provocative questions about the methodology and future of feminist legal theory itself. In its rich variety of issues and approaches, this volume will command the interest not only of legal theorists, but of those interested in women’s studies, philosophy, politics, sociology and history. It is sure to set the future agenda for scholars, policymakers and anyone concerned with the role of law in society.

Calling for nothing less than a radical reform of family law and a reconception of intimacy, The Neutered Mother,The Sexual Family, and Other Twentieth Century Tragedies argues strongly against current legal and social policy discussions about the family because they do not have at their core the crucial concepts of caregiving and dependency, as well as the best interests of women and children.The Neutered Mother scrutinizes the definitions of family and mother throughout the volume while paying close attention to issues of race, class and sexuality. In addition, Fienman convincingly contests society''s refusal to dignify, support and respond to the needs of caregivers and illustrates the burden they must bear due to this treatment. This book is a crucial step toward defining America''s most pressing social policy problems having to do with women, motherhood and the family.

Calling for nothing less than a radical reform of family law and a reconception of intimacy, The Neutered Mother,The Sexual Family, and Other Twentieth Century Tragedies argues strongly against current legal and social policy discussions about the family because they do not have at their core the crucial concepts of caregiving and dependency, as well as the best interests of women and children.The Neutered Mother scrutinizes the definitions of family and mother throughout the volume while paying close attention to issues of race, class and sexuality. In addition, Fienman convincingly contests society''s refusal to dignify, support and respond to the needs of caregivers and illustrates the burden they must bear due to this treatment. This book is a crucial step toward defining America''s most pressing social policy problems having to do with women, motherhood and the family.

Transcending the Boundaries of Law is a ground-breaking collection that will be central to future developments in feminist and related critical theories about law. In its pages three generations of feminist legal theorists engage with what have become key feminist themes, including equality, embodiment, identity, intimacy, and law and politics. Almost two decades ago Routledge published the very first anthology in feminist legal theory, At the Boundaries of Law (M.A. Fineman and N. Thomadsen, eds. 1991), which marked an important conceptual move away from the study of "women in law" prevalent in the 1970s and 1980s. The scholars in At the Boundaries applied feminist methods and theories in examining law and legal institutions, thus expanding upon work in the Law and Society tradition. This new anthology brings together some of the original contributors to that volume with scholars from subsequent generations of critical gender theorists. It provides a "retrospective" on the past twenty-five years of scholarly engagement with issues relating to gender and law, as well as suggesting directions for future inquiry, including the tantalizing suggestion that feminist legal theory should move beyond gender as its primary focus to consider the theoretical, political, and social implications of the universally shared and constant vulnerability inherent in the human condition.

Transcending the Boundaries of Law is a ground-breaking collection that will be central to future developments in feminist and related critical theories about law. In its pages three generations of feminist legal theorists engage with what have become key feminist themes, including equality, embodiment, identity, intimacy, and law and politics. Almost two decades ago Routledge published the very first anthology in feminist legal theory, At the Boundaries of Law (M.A. Fineman and N. Thomadsen, eds. 1991), which marked an important conceptual move away from the study of "women in law" prevalent in the 1970s and 1980s. The scholars in At the Boundaries applied feminist methods and theories in examining law and legal institutions, thus expanding upon work in the Law and Society tradition. This new anthology brings together some of the original contributors to that volume with scholars from subsequent generations of critical gender theorists. It provides a "retrospective" on the past twenty-five years of scholarly engagement with issues relating to gender and law, as well as suggesting directions for future inquiry, including the tantalizing suggestion that feminist legal theory should move beyond gender as its primary focus to consider the theoretical, political, and social implications of the universally shared and constant vulnerability inherent in the human condition.