The Vulnerable Subject: Anchoring Equality in the Human Condition

Probably not a substantial claim: may not pass S3 (load-bearing).

Vulnerability is typically associated with victimhood, deprivation, dependency, or pathology.

“Vulnerability is typically associated with victimhood, deprivation, dependency, or pathology.20”

Probably not a substantial claim: may not pass S2 (checkable), S4 (based).

The vulnerability approach has the potential to move beyond discrimination-based models toward a more substantive vision of equality.

“This approach has the potential to move us beyond the stifling confines of current discrimination-based models toward a more substantive vision of equality.”

Probably not a substantial claim: may not pass S2 (checkable). May combine two claims.

Employment systems should be added as human asset-conferring institutions; like education and healthcare, they develop the human being, impart assets that allow market participation, and facilitate accumulation of material resources that bolster resilience.

“In addition to the examples Kirby provides, employment systems should be added; like education and healthcare, they develop the human being, impart assets that allow participation in the market and, thus, facilitate the accumulation of material resources that help bolster individuals' resilience in the face of vulnerability.”

May combine two claims.

Physical assets determine present quality of life and provide the material basis for accumulation of additional resources.

“These assets determine our present quality of life, and provide the material basis for accumulation of additional resources-or resources that are more sustainable-in the form of savings and investments.36”

• cites [36]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing).

Social assets are also accumulated through political collectives in which individuals bolster their resilience by joining together to address vulnerabilities generated by the market.

“Kirby argues persuasively that social assets are also accumulated through political collectives in which individuals bolster their resilience by joining together to address vulnerabilities generated by the market.41”

• cites [41]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S2 (checkable), S4 (based).

Vulnerability initially should be understood as arising from our embodiment, which carries with it the ever-present possibility of harm, injury, and misfortune from mildly adverse to catastrophically devastating events, whether accidental, intentional, or otherwise.

“Vulnerability initially should be understood as arising from our embodiment, which carries with it the ever-present possibility of harm, injury, and misfortune from mildly adverse to catastrophically devastating events, whether accidental, intentional, or otherwise.”

Probably not a substantial claim: may not pass S2 (checkable). May combine two claims.

Human beings need each other, and we must structure our institutions in response to this fundamental human reality.

“Contemplating our shared vulnerability it becomes apparent that human beings need each other, and that we must structure our institutions in response to this fundamental human reality.”

Probably not a substantial claim: may not pass S4 (based).

In American legal culture, the idea of the private acts as a principle of restraint and abstention.

“In American legal culture, the idea of the private acts as a principle of restraint and abstention.”

Probably not a substantial claim: may not pass S4 (based).

Nonintervention has facilitated a skewed and unequal society with the distance between rich and poor growing in recent years.

“The fact that nonintervention has facilitated a skewed and unequal society with the distance between rich and poor growing in recent years, makes clear that some form of prevailing power is essential to counter unfettered self-interest.”

Probably not a substantial claim: may not pass S4 (based). May combine two claims.

Even self-identified progressive social reformers are suspicious of the state, and the rhetoric of non-intervention prevails in policy discussions, deterring positive measures designed to address inequalities.

“Even self-identified progressive social reformers are suspicious of the state; the rhetoric of non-intervention prevails in policy discussions, deterring positive measures designed to address inequalities.”

Probably not a substantial claim: may not pass S2 (checkable), S4 (based). May combine two claims.

Vulnerability is universal and, as such, transcends historic categories of impermissible discrimination.

“Vulnerability is universal and, as such, transcends historic categories of impermissible discrimination.”

• AssumptionRests on an assumption: The sub-prime mortgage crisis affected white and middle-class people as well as those in the traditional suspect categories.

Probably not a substantial claim: may not pass S2 (checkable), S3 (load-bearing).

The state itself is manifested through complex institutional arrangements.

“A first step in this reconception is understanding that the state itself is manifested through complex institutional arrangements.”

May combine two claims.

Human vulnerability is universal but also particular: it is experienced uniquely by each of us and this experience is greatly influenced by the quality and quantity of resources we possess or can command.

“Undeniably universal, human vulnerability is also particular: it is experienced uniquely by each of us and this experience is greatly influenced by the quality and quantity of resources we possess or can command.27”

Classified as probably not a substantial claim.

Societal institutions themselves are not foolproof shelters, even in the short term.

“Of course, societal institutions themselves are not foolproof shelters, even in the short term.”

Probably not a substantial claim: may not pass S4 (based).

Under formal equality, unless some distortion is perceived to be introduced by impermissible bias, the state is not accountable.

“Unless some distortion is perceived to be introduced by impermissible bias, the state is not accountable.”

Probably not a substantial claim: may not pass S3 (load-bearing).

Within systems for conferring assets, individuals are often positioned differently, some more privileged, others relatively disadvantaged.

“Within the various systems for conferring assets, individuals are often positioned differently from one another, so that some are more privileged, while others are relatively disadvantaged.”

Probably not a substantial claim: may not pass S2 (checkable).

Attention to the situation of the vulnerable individual leads us to redirect focus onto the societal institutions that are created in response to individual vulnerability.

“One promising theoretical potential of making vulnerability central in an analysis of equality is that attention to the situation of the vulnerable individual leads us to redirect focus onto the societal institutions that are created in response to individual vulnerability.”

Probably not a substantial claim: may not pass S2 (checkable), S4 (based).

Vulnerability is universal and constant, inherent in the human condition.

“I argue that vulnerability is-and should be understood to be-universal and constant, inherent in the human condition.”

Probably not a substantial claim: may not pass S2 (checkable), S4 (based).

The vulnerable subject is more representative of actual lived experience and the human condition than the liberal subject.

“Far more representative of actual lived experience and the human condition, the vulnerable subject should be at the center of our political and theoretical endeavors.”

May combine two claims.

Individuals can attempt to lessen the risk or mitigate the impact of such events, but they cannot eliminate their possibility.

“Individuals can attempt to lessen the risk or mitigate the impact of such events, but they cannot eliminate their possibility.”

Probably not a substantial claim: may not pass S3 (load-bearing), S4 (based).

Sometimes privileges conferred within certain systems can mediate or even cancel out disadvantages conferred in others.

“Sometimes privileges conferred within certain systems can mediate or even cancel out disadvantages conferred in others.”

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

These collectives historically included trade unions and political parties, but today the welfare state and insurance are also offered as alternative, often competing, means of protection against risk.

“These collectives historically included trade unions and political parties, but todayas Kirby recognizes-the welfare state and insurance are also offered as alternative, often competing, means of protection against risk.”

• cites [41]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

Vulnerability is a more encompassing concept than dependency, and analyses centered around vulnerability are more politically potent than those based on dependency.

“Vulnerability is a more encompassing concept and, for that reason, analyses centered around vulnerability are more politically potent than those based on dependency.”

Probably not a substantial claim: may not pass S2 (checkable).

The vulnerable subject approach embodies the fact that human reality encompasses a wide range of differing and interdependent abilities over the span of a lifetime.

“The vulnerable subject approach does what the one-dimensional liberal subject approach cannot: it embodies the fact that human reality encompasses a wide range of differing and interdependent abilities over the span of a lifetime.”

Probably not a substantial claim: may not pass S2 (checkable), S3 (load-bearing). May combine two claims.

These individuals do not disprove the existence of structural inequalities or the need for remedial action.

“These individuals do not disprove the existence of structural inequalities or the need for remedial action, however.”

Classified as probably not a substantial claim.

Current conceptions of privacy are based on the public/private dichotomy, which places some things and institutions presumptively beyond state regulation and control.

“Current conceptions of privacy are based on this dichotomy, which places some things and institutions presumptively beyond state regulation and control.”

Classified as probably not a substantial claim.

State restraint is often expressed in terms of the separate spheres ideology: there is a contrast between public and private domains, with the state cast as the quintessential public entity and the family cast as essentially private.

“State restraint is often expressed in terms of the separate spheres ideology: there is a contrast between public and private domains, with the state cast as the quintessential public entity and the family cast as essentially private.9”

Probably not a substantial claim: may not pass S2 (checkable), S3 (load-bearing).

Social assets are networks of relationships from which we gain support and strength, including the family and other cultural groupings and associations.

“Finally, social assets are networks of relationships from which we gain support and strength, including the family and other cultural groupings and associations.”

• cites [41]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing), S4 (based).

Sameness of treatment has been used to argue increasingly effectively against measures like affirmative action that might generate remedies for past inequities.

“What is more, sameness of treatment has been used to argue increasingly effectively against measures like affirmative action that might generate remedies for past inequities.”

Probably not a substantial claim: may not pass S2 (checkable), S3 (load-bearing).

These systems interact in ways that further affect inequalities.

“Important to the consideration of privilege is the fact that these systems interact in ways that further affect these inequalities.”

May combine two claims.

The formal equality model fails to take into account existing inequality of circumstances and fails to disrupt persistent forms of inequality.

“The formal equality model therefore not only fails to take into account existing inequality of circumstances, it also fails to disrupt persistent forms of inequality.”

Probably not a substantial claim: may not pass S2 (checkable). May combine two claims.

Vulnerability analysis questions the idea of a liberal subject, suggesting that the vulnerable subject is a more accurate and complete universal figure to place at the heart of social policy.

“Vulnerability analysis questions the idea of a liberal subject, suggesting that the vulnerable subject is a more accurate and complete universal figure to place at the heart of social policy.”

Probably not a substantial claim: may not pass S2 (checkable). May combine two claims.

Because neither inequalities nor the systems that produce them are inevitable, they can be objects of reform.

“Because neither inequalities nor the systems that produce them are inevitable, they can also be objects of reform.”

Probably not a substantial claim: may not pass S4 (based).

Asset-conferring institutions initially are brought into legal existence only through state mechanisms, placing them within the domain of state responsibility.

“The nature of this relationship, coupled with the fact that asset conferring institutions initially are brought into legal existence only through state mechanisms, places such institutions within the domain of state responsibility.”

Probably not a substantial claim: may not pass S2 (checkable), S4 (based).

We idealize contract and reify individual choice in ways that mask society's role in perpetuating inequality.

“Further, we idealize contract and correspondingly reify individual choice in ways that mask society's role in perpetuating inequality.”

Probably not a substantial claim: may not pass S2 (checkable), S4 (based).

The view that the proper role of the state is one of restraint and abstention is politically powerful.

“Second, the view that the proper role of the state is one of restraint and abstention is politically powerful.”

Classified as probably not a substantial claim.

The vulnerability approach recognizes that individuals are anchored at each end of their lives by dependency and the absence of capacity.

“The vulnerability approach recognizes that individuals are anchored at each end of their lives by dependency and the absence of capacity.”

May combine two claims.

Identity categories are both over- and under-inclusive.

“In this regard, identity categories are both overand under-inclusive.7”

• cites FINEMAN, THE ILLUSION OF EQUALITY, supra note 2Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

Formal equality leaves undisturbed and may validate existing institutional arrangements that privilege some and disadvantage others.

“Formal equality leaves undisturbed-and may even serve to validate--existing institutional arrangements that privilege some and disadvantage others.”

Classified as probably not a substantial claim. May combine two claims.

Kirby identifies health and education as chief human assets, making institutions governing education and health care prime candidates for a vulnerability analysis.

“Kirby identifies health and education as chief among assets in this category, making the institutions governing education and health 40 care prime candidates for a vulnerability analysis.”

• cites [40]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S2 (checkable).

Some form of prevailing power is essential to counter unfettered self-interest.

“The fact that nonintervention has facilitated a skewed and unequal society with the distance between rich and poor growing in recent years, makes clear that some form of prevailing power is essential to counter unfettered self-interest.”

Probably not a substantial claim: may not pass S2 (checkable).

The state, as the creator of legitimate social organizations susceptible to its ongoing coercive authority, should assume a corresponding responsibility to see that these organizations operate in an equitable manner.

“The state, in exercising its unique role as the creator of legitimate social organizations susceptible to its ongoing coercive authority, should assume a corresponding responsibility to see that these organizations operate in an equitable manner.”

Probably not a substantial claim: may not pass S2 (checkable), S4 (based). May combine two claims.

The ultimate objective of a vulnerability analysis is to argue that the state must be more responsive to, and responsible for, vulnerability.

“The institutions of particular interest are those that are created and maintained under the legitimating authority of the state, since the ultimate objective of a vulnerability analysis is to argue that the state must be more responsive to, and responsible for, vulnerability.”

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

State-facilitated institutions that have grown up around vulnerability are interlocking and overlapping, creating layered opportunities and support but also gaps and potential pitfalls.

“The state facilitated institutions that have grown up around vulnerability are interlocking and overlapping, creating the possibility of layered opportunities and support for individuals, but also containing gaps and potential pitfalls.”

Probably not a substantial claim: may not pass S3 (load-bearing).

Cumulatively these assets provide individuals with resilience in the face of vulnerability.

“Cumulatively these assets provide individuals with “resilience” in the face of vulnerability.”

• cites [34]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Classified as probably not a substantial claim.

Vulnerability analysis concentrates on the structures society has and will establish to manage common vulnerabilities.

“As such, vulnerability analysis concentrates on the structures our society has and will establish to manage our common vulnerabilities.”

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

Tax and inheritance laws impact the distribution of physical assets and are part of this system, as are banking rules and regulations and credit policies.

“Certainly tax and inheritance laws impact the distribution of physical assets and are part of this system, but so also are banking rules and regulations, and credit policies.37”

• cites [37]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S2 (checkable). May combine two claims.

Intent is irrelevant; what matters is whether or not these institutions are structured so as to respond unequally to the reality of our shared vulnerability.

“Intent is irrelevant, what matters is whether or not these institutions are structured so as to respond unequally to the reality of our shared vulnerability.”

Probably not a substantial claim: may not pass S2 (checkable).

The realization that disadvantage is produced independent of racial and gender biases in many-but not all-instances provides an important political tool.

“The realization that disadvantage is produced independent of racial and gender biases in many-but of course not all-instances provides an important political tool.”

Probably not a substantial claim: may not pass S2 (checkable), S4 (based).

A vulnerability analysis greatly magnifies state responsibility for the institutions and structures the state constructs and utilizes.

“A vulnerability analysis greatly magnifies state responsibility for the institutions and structures the state constructs and utilizes.”

Probably not a substantial claim: may not pass S4 (based). May combine two claims.

The state has an affirmative obligation not to privilege any group of citizens over others and to actively structure conditions for equality.

“This focus on the structuring of societal institutions reflects the fact that the state has an affirmative obligation not to privilege any group of citizens over others and to actively structure conditions for equality.”

May combine two claims.

The Vermont Constitution's Common Benefits Clause predated the Fourteenth Amendment and was not based on a concept of discrimination, nor was it focused only on protection for a specific category of persons.

“The Vermont Constitution's Common Benefits Clause predated the Fourteenth Amendment and was not based on a concept of discrimination, 5 7 nor was it focused only on protection for a specific category of persons.”

• cites [57]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Classified as probably not a substantial claim. May combine two claims.

Baker employs a creative and positive mode of inquiry in line with the vulnerability approach: it is concerned with whether the state, in fashioning its institutions, acts with equal regard for the shared vulnerability of all its legal subjects.

“Baker employs a creative and positive mode of inquiry in line with the vulnerability approach: It is concerned with whether the state, in fashioning its institutions, acts with equal regard for the shared vulnerability of all its legal subjects.”

Probably not a substantial claim: may not pass S2 (checkable), S4 (based). May combine two claims.

Our current system has been built upon myths of autonomy and independence and thus fails to reflect the vulnerable as well as dependent nature of the human condition.

“Our current system has been built upon myths of autonomy and independence and thus fails to reflect the vulnerable as well as dependent nature of the human condition.”

Classified as probably not a substantial claim.

Institutions can be compromised by legacies of practices, patterns of behavior, and entrenched interests that were formed during periods of exclusion and discrimination, but are now invisible.

“They can be compromised by legacies of practices, patterns of behavior, and entrenched interests that were formed during periods of exclusion and discrimination, but are now invisible in a haze of lost history.”

Probably not a substantial claim: may not pass S2 (checkable), S4 (based).

Vulnerability analysis demands that the state give equal regard to the shared vulnerability of all individuals, transcending the old identity categories as a limitation on the recognition that the state has a vital role to play in protecting against discrimination.

“Vulnerability analysis demands that the state give equal regard to the shared vulnerability of all individuals, transcending the old identity categories as a limitation on the recognition that the state has a vital role to play in protecting against discrimination.”

Probably not a substantial claim: may not pass S2 (checkable).

Mobilizing around the concept of shared, inevitable vulnerability may allow us to more easily build coalitions among those who have not benefited as fully as others from current societal organization.

“Mobilizing around the concept of shared, inevitable vulnerability may allow us to more easily build coalitions among those who have not benefited as fully as others from current societal organization.”

Probably not a substantial claim: may not pass S2 (checkable), S4 (based).

State mechanisms that ensure a more equitable distribution of assets and privilege across society would contribute to a more robust democracy and greater public participation.

“Certainly state mechanisms that ensure a more equitable distribution of assets and privilege across society would contribute to a more robust democracy and greater public participation.”

Probably not a substantial claim: may not pass S2 (checkable).

A vulnerability inquiry proposes a more thorough and penetrating equality analysis-one that considers structural and institutional arrangements in assessing the state's response to situations of vulnerability before indicting the individual.

“A vulnerability inquiry proposes a more thorough and penetrating equality analysis--one that considers structural and institutional arrangements in assessing the state's response to situations of vulnerability before indicting the individual.”

Probably not a substantial claim: may not pass S2 (checkable), S3 (load-bearing). May combine two claims.

Welfare reform during the 1990s should have been understood as a direct attack on all caretakers in that it undermined the value of unpaid care work and demonized motherhood outside of the patriarchal paradigm.

“Welfare reform during the 1990s should have been understood as a direct attack on all caretakers in that it undermined the value of unpaid care work and demonized motherhood outside of the patriarchal paradigm.45”

• cites [45]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S4 (based).

Institutions as well as individuals are vulnerable to both internal and external forces.

“Remember that institutions as well as individuals are vulnerable to both internal and external forces.”

Probably not a substantial claim: may not pass S2 (checkable), S4 (based).

The state is required to ensure that institutions and structures within its control do not inappropriately benefit or disadvantage certain members of society.

“Rather the state is required to ensure that institutions and structures within its control do not inappropriately benefit or disadvantage certain members of society.”