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The vulnerable subject: anchoring equality in the human condition
Open accessAbstract
In this chapter I develop the concept of vulnerability in order to argue for a more responsive state and a more egalitarian society. I argue that vulnerability is universal and constant, inherent in the human condition. The vulnerability approach I propose is an alternative to traditional equal protection analysis; it moves us beyond identity-based inquiries because it focuses not only on discrimination against defined groups, but is concerned with the privileges conferred on limited segments of the population by the state through its institutions. Therefore, vulnerability analyses concentrate on our social structures and institutions established to manage our common vulnerabilities. This approach has the potential to move us beyond the confines of current discrimination-based models toward a more substantive vision of equality. Theorizing a concept of vulnerability necessitates developing a more complex subject around which to build social policy and law; this new subject is useful in redefining and expanding current ideas about state responsibility toward individuals and institutions. In fact, I argue that the “vulnerable subject” must replace the autonomous and independent subject asserted in the liberal tradition. 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. The vision of the state that would emerge in such an engagement would be more responsive to and responsible for the vulnerable subject, a reimagining that is essential to attaining a more equal society than currently exists in America. Before developing the vulnerability thesis, I will address some conceptual impediments to the idea of a more responsive state. First, an impoverished sense of equality is embedded in our current legal doctrine. We understand equality in formal terms, focused on discrimination and inattentive to underlying societal inequities. Second, the view that the state’s proper role is one of restraint and abstention is politically powerful. 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. We idealize contract and correspondingly reify individual choice in ways that mask society’s role in perpetuating inequality. The fact that societal institutions play a significant role in perpetrating inequality is the very reason that we need a more active and responsive state.
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“In 1999, the Supreme Court of Vermont looked into its own early American history and held that same-sex couples were entitled to receive the legal benefits and protections that were previously only afforded to married couples of opposite sexes.55”
§ The Vulnerable Subject: Anchoring Equality in the Human Condition > VI. A MORE POSITIVE EQUALITY
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In the paper
“Privileges and disadvantages accumulate across systems and can combine to create effects that are more devastating or more beneficial than the weight of each separate part.”
§ The Vulnerable Subject: Anchoring Equality in the Human Condition > 42 IV. ASSESSING AND ADDRESSING PRIVILEGE AND DISADVANTAGE
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In the paper
“Politically, this limitedness is problematic because it can and has resulted in significant backlash.”
§ The Vulnerable Subject: Anchoring Equality in the Human Condition > 5. Id.
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In the paper
“However, contracts have no independent force; they are merely documents dependent on the institutions of the state to give them life through interpretation, implementation and execution.”
§ The Vulnerable Subject: Anchoring Equality in the Human Condition > II. THE RESTRAINED STATE
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In the paper
“Therefore, with respect to the assets any one person possesses, it is not multiple identities that intersect to produce compounded inequalities, as has been posited by some theorists, but rather systems of power and privilege that interact to produce webs of advantages and disadvantages.43”
§ The Vulnerable Subject: Anchoring Equality in the Human Condition > 42 IV. ASSESSING AND ADDRESSING PRIVILEGE AND DISADVANTAGE
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In the paper
“These individual successes create both theoretical and empirical pitfalls: Successful individuals who belong to a designated suspect class can undermine the coherence and dilute the strength of critical analyses based on asserted bias against the same identity group.”
§ The Vulnerable Subject: Anchoring Equality in the Human Condition > 5. Id.
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In the paper
“From a political and policy perspective, the current model of equality is further limited as an anti-discrimination principle because its protections do not appear to extend to everyone.”
§ The Vulnerable Subject: Anchoring Equality in the Human Condition > 5. Id.
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In the paper
“No matter how we try to isolate transactions, the state is always a residual player in socalled private arrangements, having fashioned both the background rules that shape those agreements and maintaining the background institutions upon which parties ultimately rely.”
§ The Vulnerable Subject: Anchoring Equality in the Human Condition > II. THE RESTRAINED STATE
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In the paper
“Together and independently they provide us with what Peadar Kirby refers to as “assets”advantages, coping mechanisms, or resources that cushion us when we are facing misfortune, disaster, and violence.”
§ The Vulnerable Subject: Anchoring Equality in the Human Condition > 32
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In the paper
“Focusing on the interactions of asset-conferring institutions makes clear why some individuals can maneuver past disadvantages typically associated with our existing discrimination categories of race or gender to excel, even triumph, in a “white man's world.””
§ The Vulnerable Subject: Anchoring Equality in the Human Condition > 42 IV. ASSESSING AND ADDRESSING PRIVILEGE AND DISADVANTAGE
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In the paper
“Vulnerability is typically associated with victimhood, deprivation, dependency, or pathology.20”
§ The Vulnerable Subject: Anchoring Equality in the Human Condition > III. THE VULNERABILITY THESIS
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In the paper
“This approach has the potential to move us beyond the stifling confines of current discrimination-based models toward a more substantive vision of equality.”
§ The Vulnerable Subject: Anchoring Equality in the Human Condition > INTRODUCTION
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In the paper
“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.”
§ The Vulnerable Subject: Anchoring Equality in the Human Condition > 2008]
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In the paper
“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”
§ The Vulnerable Subject: Anchoring Equality in the Human Condition > 2008]
What the sources say
- Not matchedcites [36]
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In the paper
“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”
§ The Vulnerable Subject: Anchoring Equality in the Human Condition > 38.
What the sources say
- Not matchedcites [41]
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In the paper
“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.”
§ The Vulnerable Subject: Anchoring Equality in the Human Condition > III. THE VULNERABILITY THESIS
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In the paper
“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.”
§ The Vulnerable Subject: Anchoring Equality in the Human Condition > B. The Vulnerable Society and Its Institutions
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In the paper
“In American legal culture, the idea of the private acts as a principle of restraint and abstention.”
§ The Vulnerable Subject: Anchoring Equality in the Human Condition > II. THE RESTRAINED STATE
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In the paper
“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.”
§ The Vulnerable Subject: Anchoring Equality in the Human Condition > II. THE RESTRAINED STATE
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In the paper
“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.”
§ The Vulnerable Subject: Anchoring Equality in the Human Condition > INTRODUCTION
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In the paper
“Vulnerability is universal and, as such, transcends historic categories of impermissible discrimination.”
§ The Vulnerable Subject: Anchoring Equality in the Human Condition > 42 IV. ASSESSING AND ADDRESSING PRIVILEGE AND DISADVANTAGE
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- Rests on an assumption: The sub-prime mortgage crisis affected white and middle-class people as well as those in the traditional suspect categories.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“A first step in this reconception is understanding that the state itself is manifested through complex institutional arrangements.”
§ The Vulnerable Subject: Anchoring Equality in the Human Condition > II. THE RESTRAINED STATE
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In the paper
“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”
§ The Vulnerable Subject: Anchoring Equality in the Human Condition > III. THE VULNERABILITY THESIS
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In the paper
“Of course, societal institutions themselves are not foolproof shelters, even in the short term.”
§ The Vulnerable Subject: Anchoring Equality in the Human Condition > B. The Vulnerable Society and Its Institutions
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In the paper
“Unless some distortion is perceived to be introduced by impermissible bias, the state is not accountable.”
§ The Vulnerable Subject: Anchoring Equality in the Human Condition > I. THE LIMITS OF FORMAL EQUALITY
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In the paper
“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.”
§ The Vulnerable Subject: Anchoring Equality in the Human Condition > 42 IV. ASSESSING AND ADDRESSING PRIVILEGE AND DISADVANTAGE
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In the paper
“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.”
§ The Vulnerable Subject: Anchoring Equality in the Human Condition > B. The Vulnerable Society and Its Institutions
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In the paper
“I argue that vulnerability is-and should be understood to be-universal and constant, inherent in the human condition.”
§ The Vulnerable Subject: Anchoring Equality in the Human Condition > INTRODUCTION
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In the paper
“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.”
§ The Vulnerable Subject: Anchoring Equality in the Human Condition > INTRODUCTION
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In the paper
“Individuals can attempt to lessen the risk or mitigate the impact of such events, but they cannot eliminate their possibility.”
§ The Vulnerable Subject: Anchoring Equality in the Human Condition > III. THE VULNERABILITY THESIS
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In the paper
“Sometimes privileges conferred within certain systems can mediate or even cancel out disadvantages conferred in others.”
§ The Vulnerable Subject: Anchoring Equality in the Human Condition > 42 IV. ASSESSING AND ADDRESSING PRIVILEGE AND DISADVANTAGE
plainconditional- Asserted: passes — The authors put it forward as true.
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In the paper
“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.”
§ The Vulnerable Subject: Anchoring Equality in the Human Condition > 38.
What the sources say
- Not matchedcites [41]
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In the paper
“Vulnerability is a more encompassing concept and, for that reason, analyses centered around vulnerability are more politically potent than those based on dependency.”
§ The Vulnerable Subject: Anchoring Equality in the Human Condition > 29
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In the paper
“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.”
§ The Vulnerable Subject: Anchoring Equality in the Human Condition > 2008]
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In the paper
“These individuals do not disprove the existence of structural inequalities or the need for remedial action, however.”
§ The Vulnerable Subject: Anchoring Equality in the Human Condition > 42 IV. ASSESSING AND ADDRESSING PRIVILEGE AND DISADVANTAGE
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In the paper
“Current conceptions of privacy are based on this dichotomy, which places some things and institutions presumptively beyond state regulation and control.”
§ The Vulnerable Subject: Anchoring Equality in the Human Condition > II. THE RESTRAINED STATE
plaindirect- Asserted: passes — The authors put it forward as true.
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In the paper
“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”
§ The Vulnerable Subject: Anchoring Equality in the Human Condition > II. THE RESTRAINED STATE
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In the paper
“Finally, social assets are networks of relationships from which we gain support and strength, including the family and other cultural groupings and associations.”
§ The Vulnerable Subject: Anchoring Equality in the Human Condition > 38.
What the sources say
- Not matchedcites [41]
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In the paper
“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.”
§ The Vulnerable Subject: Anchoring Equality in the Human Condition > 5. Id.
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In the paper
“Important to the consideration of privilege is the fact that these systems interact in ways that further affect these inequalities.”
§ The Vulnerable Subject: Anchoring Equality in the Human Condition > 42 IV. ASSESSING AND ADDRESSING PRIVILEGE AND DISADVANTAGE
plaindirect- Asserted: passes — The authors put it forward as true.
- Checkable: fails — It may be too vague to check against evidence.
- Load-bearing: fails — The paper’s conclusions may not depend on it.
- Based: passes — The paper gives a reason why it holds.
Probably not a substantial claim. It may be too vague to check against evidence. The paper’s conclusions may not depend on it.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“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.”
§ The Vulnerable Subject: Anchoring Equality in the Human Condition > I. THE LIMITS OF FORMAL EQUALITY
plain- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
It may state two separate claims as one.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“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.”
§ The Vulnerable Subject: Anchoring Equality in the Human Condition > 29
hedgeddirect- Asserted: passes — The authors put it forward as true.
- Checkable: fails — It may be too vague to check against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
Probably not a substantial claim. It may be too vague to check against evidence. It may state two separate claims as one.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“Because neither inequalities nor the systems that produce them are inevitable, they can also be objects of reform.”
§ The Vulnerable Subject: Anchoring Equality in the Human Condition > 5. Id.
plaindirect- Asserted: passes — The authors put it forward as true.
- Checkable: fails — It may be too vague to check against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
Probably not a substantial claim. It may be too vague to check against evidence. It may state two separate claims as one.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“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.”
§ The Vulnerable Subject: Anchoring Equality in the Human Condition > 38.
plaindirect- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: fails — The paper may give no reason why it holds.
Probably not a substantial claim. The paper may give no reason why it holds.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“Further, we idealize contract and correspondingly reify individual choice in ways that mask society's role in perpetuating inequality.”
§ The Vulnerable Subject: Anchoring Equality in the Human Condition > INTRODUCTION
plaindirect- Asserted: passes — The authors put it forward as true.
- Checkable: fails — It may be too vague to check against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: fails — The paper may give no reason why it holds.
Probably not a substantial claim. It may be too vague to check against evidence. The paper may give no reason why it holds.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“Second, the view that the proper role of the state is one of restraint and abstention is politically powerful.”
§ The Vulnerable Subject: Anchoring Equality in the Human Condition > INTRODUCTION
plain- Asserted: passes — The authors put it forward as true.
- Checkable: fails — It may be too vague to check against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: fails — The paper may give no reason why it holds.
Probably not a substantial claim. It may be too vague to check against evidence. The paper may give no reason why it holds.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“The vulnerability approach recognizes that individuals are anchored at each end of their lives by dependency and the absence of capacity.”
§ The Vulnerable Subject: Anchoring Equality in the Human Condition > 2008]
plain- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
Probably not a substantial claim.
In the paper
“In this regard, identity categories are both overand under-inclusive.7”
§ The Vulnerable Subject: Anchoring Equality in the Human Condition > 5. Id.
What the sources say
- Not matchedcites FINEMAN, THE ILLUSION OF EQUALITY, supra note 2
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
plain- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
It may state two separate claims as one.
- Not matched
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“Formal equality leaves undisturbed-and may even serve to validate--existing institutional arrangements that privilege some and disadvantage others.”
§ The Vulnerable Subject: Anchoring Equality in the Human Condition > I. THE LIMITS OF FORMAL EQUALITY
hedgedconditional- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
It may state two separate claims as one.
In the paper
“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.”
§ The Vulnerable Subject: Anchoring Equality in the Human Condition > 2008]
What the sources say
- Not matchedcites [40]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
plaincorrelational- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
Probably not a substantial claim. It may state two separate claims as one.
- Not matched
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“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.”
§ The Vulnerable Subject: Anchoring Equality in the Human Condition > II. THE RESTRAINED STATE
boosteddirect- Asserted: passes — The authors put it forward as true.
- Checkable: fails — It may be too vague to check against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
Probably not a substantial claim. It may be too vague to check against evidence.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“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.”
§ The Vulnerable Subject: Anchoring Equality in the Human Condition > II. THE RESTRAINED STATE
plaindirect- Asserted: passes — The authors put it forward as true.
- Checkable: fails — It may be too vague to check against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
Probably not a substantial claim. It may be too vague to check against evidence.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“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.”
§ The Vulnerable Subject: Anchoring Equality in the Human Condition > B. The Vulnerable Society and Its Institutions
plaindirect- Asserted: passes — The authors put it forward as true.
- Checkable: fails — It may be too vague to check against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: fails — The paper may give no reason why it holds.
Probably not a substantial claim. It may be too vague to check against evidence. The paper may give no reason why it holds. It may state two separate claims as one.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“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.”
§ The Vulnerable Subject: Anchoring Equality in the Human Condition > 32
hedgeddirect- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: fails — The paper’s conclusions may not depend on it.
- Based: passes — The paper gives a reason why it holds.
Probably not a substantial claim. The paper’s conclusions may not depend on it. It may state two separate claims as one.
In the paper
“Cumulatively these assets provide individuals with “resilience” in the face of vulnerability.”
§ The Vulnerable Subject: Anchoring Equality in the Human Condition > 32
What the sources say
- Not matchedcites [34]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
plaindirect- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: fails — The paper’s conclusions may not depend on it.
- Based: passes — The paper gives a reason why it holds.
Probably not a substantial claim. The paper’s conclusions may not depend on it.
- Not matched
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“As such, vulnerability analysis concentrates on the structures our society has and will establish to manage our common vulnerabilities.”
§ The Vulnerable Subject: Anchoring Equality in the Human Condition > INTRODUCTION
plain- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
Probably not a substantial claim.
In the paper
“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”
§ The Vulnerable Subject: Anchoring Equality in the Human Condition > 2008]
What the sources say
- Not matchedcites [37]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
plaindirect- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: fails — The paper’s conclusions may not depend on it.
- Based: passes — The paper gives a reason why it holds.
Probably not a substantial claim. The paper’s conclusions may not depend on it. It may state two separate claims as one.
- Not matched
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“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.”
§ The Vulnerable Subject: Anchoring Equality in the Human Condition > 2008]
plain- Asserted: passes — The authors put it forward as true.
- Checkable: fails — It may be too vague to check against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
Probably not a substantial claim. It may be too vague to check against evidence. It may state two separate claims as one.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“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.”
§ The Vulnerable Subject: Anchoring Equality in the Human Condition > 42 IV. ASSESSING AND ADDRESSING PRIVILEGE AND DISADVANTAGE
plaindirect- Asserted: passes — The authors put it forward as true.
- Checkable: fails — It may be too vague to check against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
Probably not a substantial claim. It may be too vague to check against evidence.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“A vulnerability analysis greatly magnifies state responsibility for the institutions and structures the state constructs and utilizes.”
§ The Vulnerable Subject: Anchoring Equality in the Human Condition > 2008]
boosteddirect- Asserted: passes — The authors put it forward as true.
- Checkable: fails — It may be too vague to check against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: fails — The paper may give no reason why it holds.
Probably not a substantial claim. It may be too vague to check against evidence. The paper may give no reason why it holds.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“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.”
§ The Vulnerable Subject: Anchoring Equality in the Human Condition > 2008]
plain- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: fails — The paper may give no reason why it holds.
Probably not a substantial claim. The paper may give no reason why it holds. It may state two separate claims as one.
In the paper
“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.”
§ The Vulnerable Subject: Anchoring Equality in the Human Condition > VI. A MORE POSITIVE EQUALITY
What the sources say
- Not matchedcites [57]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
plain- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
It may state two separate claims as one.
- Not matched
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“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.”
§ The Vulnerable Subject: Anchoring Equality in the Human Condition > VI. A MORE POSITIVE EQUALITY
plain- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
Probably not a substantial claim. It may state two separate claims as one.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“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.”
§ The Vulnerable Subject: Anchoring Equality in the Human Condition > 2008]
plaindirect- Asserted: passes — The authors put it forward as true.
- Checkable: fails — It may be too vague to check against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: fails — The paper may give no reason why it holds.
Probably not a substantial claim. It may be too vague to check against evidence. The paper may give no reason why it holds. It may state two separate claims as one.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“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.”
§ The Vulnerable Subject: Anchoring Equality in the Human Condition > 2008]
plaindirect- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
Probably not a substantial claim.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“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.”
§ The Vulnerable Subject: Anchoring Equality in the Human Condition > 2008]
plaindirect- Asserted: passes — The authors put it forward as true.
- Checkable: fails — It may be too vague to check against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: fails — The paper may give no reason why it holds.
Probably not a substantial claim. It may be too vague to check against evidence. The paper may give no reason why it holds.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“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.”
§ The Vulnerable Subject: Anchoring Equality in the Human Condition > 42 IV. ASSESSING AND ADDRESSING PRIVILEGE AND DISADVANTAGE
hedgedconditional- Asserted: passes — The authors put it forward as true.
- Checkable: fails — It may be too vague to check against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
Probably not a substantial claim. It may be too vague to check against evidence.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“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.”
§ The Vulnerable Subject: Anchoring Equality in the Human Condition > 2008]
hedgeddirect- Asserted: passes — The authors put it forward as true.
- Checkable: fails — It may be too vague to check against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: fails — The paper may give no reason why it holds.
Probably not a substantial claim. It may be too vague to check against evidence. The paper may give no reason why it holds.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“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.”
§ The Vulnerable Subject: Anchoring Equality in the Human Condition > 2008]
plaindirect- Asserted: passes — The authors put it forward as true.
- Checkable: fails — It may be too vague to check against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
Probably not a substantial claim. It may be too vague to check against evidence.
In the paper
“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”
§ The Vulnerable Subject: Anchoring Equality in the Human Condition > 42 IV. ASSESSING AND ADDRESSING PRIVILEGE AND DISADVANTAGE
What the sources say
- Not matchedcites [45]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
plaindirect- Asserted: passes — The authors put it forward as true.
- Checkable: fails — It may be too vague to check against evidence.
- Load-bearing: fails — The paper’s conclusions may not depend on it.
- Based: passes — The paper gives a reason why it holds.
Probably not a substantial claim. It may be too vague to check against evidence. The paper’s conclusions may not depend on it. It may state two separate claims as one.
- Not matched
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“Remember that institutions as well as individuals are vulnerable to both internal and external forces.”
§ The Vulnerable Subject: Anchoring Equality in the Human Condition > 2008]
plain- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: fails — The paper may give no reason why it holds.
Probably not a substantial claim. The paper may give no reason why it holds.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“Rather the state is required to ensure that institutions and structures within its control do not inappropriately benefit or disadvantage certain members of society.”
§ The Vulnerable Subject: Anchoring Equality in the Human Condition > 2008]
plain- Asserted: passes — The authors put it forward as true.
- Checkable: fails — It may be too vague to check against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: fails — The paper may give no reason why it holds.
Probably not a substantial claim. It may be too vague to check against evidence. The paper may give no reason why it holds.
The paper relies on this without support.
The state is an appropriate actor to ensure equality.
“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.”
The paper relies on this without support.
The sub-prime mortgage crisis affected white and middle-class people as well as those in the traditional suspect categories.
“The sub-prime mortgage crisis affected white and middle-class people as well as those in the traditional suspect categories.”
The paper relies on this without support.
Institutions are simultaneously constituted by and producers of vulnerability.
“Because institutions are simultaneously constituted by and producers of vulnerability, we must continually challenge these institutional practices and the meting of social resources.”
Citations
Cited by
Sorted by citations
Items 301–400 of 429
Palazzo, N. (2019) · Oñati Socio-legal Series · doi:10.35295/osls.iisl/0000-0000-0000-1066 · Cited by 1
Meticciamento regressivo: donne migranti e donne palermitane
Bartholini, I. M. (2020) · SOCIOLOGIA E RICERCA SOCIALE · doi:10.3280/sr2019-120005 · Cited by 1
Donato, F. D. (2020) · MIGRATION LETTERS · doi:10.33182/ml.v17i2.786 · Cited by 1
Human Trafficking: The Viscous Link Between Vulnerability and Proximity Violence
Bartholini, I. M. (2020) · Springer eBooks · doi:10.1007/978-3-030-52451-7_3 · Cited by 1
L’extremisme violent: un repte per al feminisme pacifista
la Paz), F. S. (. D. I. P., & Portolés, C. M. (2020) · Debats: Revista de cultura, poder i societat · doi:10.28939/iam.debats.134-2.2 · Cited by 1
Ageing, Difference and Discrimination: Property Transactions in the Crucible of Human Rights Norms
O’Mahony, L. F. (2013) · King s Law Journal · doi:10.5235/09615768.24.2.202 · Cited by 1
The plight and vulnerability of children living in South Africa and the calling of the church
Grobbelaar, J. (2020) · African Sun Media eBooks · doi:10.18820/9781928480952/01 · Cited by 1
The Evaluative Legal Concept of Dignity: Towards Psychological Inclusion of Asylum Seekers in Europe
Smieszek, M. (2021) · Springer eBooks · doi:10.1007/978-3-030-74413-7_7 · Cited by 1
Dar a luz: de la vulnerabilidad al empoderamiento
Ballesteros, V., & Moreno-Romero, P. (2023) · En-claves del pensamiento · doi:10.46530/ecdp.v0i33.597 · Cited by 1
Dimensions of Politics and English Jurisprudence
Coyle, S. (2013) · Cambridge University Press eBooks · doi:10.1017/cbo9780511979071 · Cited by 1
Re-inventing Hoodia: Patent Law, Epistemic Citizenship, and the Making of Difference in South Africa
Foster, L. A. (2012) · eScholarship (California Digital Library) · Cited by 1
Coldness and compassion: the abnegation of desire in the political realm
Charlebois, T. (2017) · UVic’s Research and Learning Repository (University of Victoria) · Cited by 1
Halkovic, A. D. (2017) · CUNY Academic Works (City University of New York) · Cited by 1
Spel, C. O. (2017) · Työväentutkimus Vuosikirja · Cited by 1
Laperrière, M., & Orloff, A. S. (2018) · The Blackwell Encyclopedia of Sociology · doi:10.1002/9781405165518.wbeos1100 · Cited by 1
Unable to Hear: Settler Ignorance and the Canadian Truth and Reconciliation Commission
Cook, A. (2019) · Scholars' Bank (University of Oregon) · Cited by 1
The emergence and development of Disability Hate Crime policy and practice in England and Wales
Taylor, S. (2019) · Lancaster EPrints (Lancaster University) · doi:10.17635/lancaster/thesis/529 · Cited by 1
Editorial: Creating Capabilities for Socially Vulnerable Youth in Europe
Gottuck, S., & Otto, H. (2014) · Social work & society
Lägst ned på skalan? Hälso- och sjukvårdens bemötande av äldre kvinnor som migrerat till Sverige
Brodin, H., & Matisson, T. (2020) · Socialvetenskaplig tidskrift · doi:10.3384/svt.2014.21.3-4.2411
FACULTY OF LAW Lund University
Pérez, V. P. (2012)
Pruitt, L. R. (2014) · SSRN Electronic Journal · doi:10.2139/ssrn.2436188
Embodied Vulnerability and the Limits of Privatisation: Reconsidering Property and Human Rights
Grear, A. (2010) · Palgrave Macmillan UK eBooks · doi:10.1057/9780230274631_9
Guardianship law : doctrine, theory, objective
Johnson, M. L. (2014) · cIRcle (University of British Columbia) · doi:10.14288/1.0103611
Vafai, M. M. (2015) · eScholarship (California Digital Library)
Martha Nussbaums globale helseetikk
Lysaker, O. (2015)
MacIntyre and Havel as green political thinkers: Unreasonable thinking in turbulent times
Barry, J. (2013) · Emerald Group Publishing Limited eBooks · doi:10.1108/s2051-5030(2013)0000013005
Schillebeeckx, E. (2015) · Lirias
The "99%" versus Neoliberal Elites?: A Fraserian Analysis of Occupy
Brosh, C. (2016) · Libraries and Cultural Resources (University of Calgary) · doi:10.11575/prism/28003
Law’s Vulnerability, and Vulnerability in Law
Fletcher, R., McCandless, J., Russell, Y., & Thomas, D. (2016) · Feminist Legal Studies · doi:10.1007/s10691-016-9336-6
Read, N. (2016) · UEL Research Repository (University of East London) · doi:10.15123/pub.5398
Vulnerability: possible uses of a philosophical, legal, political and social concept
Bernardini, M. G., Casalini, B., Giolo, O., dos Santos, F. L., & Ré, L. (2016) · Institutional Research Information System University of Ferrara (University of Ferrara)
The Interface of Copyright and Human Rights: Access to Copyright Works for the Visually ImpairedPreprint
Ayoubi, L. (2015) · SSRN Electronic Journal · doi:10.2139/ssrn.2958012
The Humanity of the Mentally Disabled: Toward a Theological Account of Personhood
Yip, P. (2017) · Journal of Disability & Religion · doi:10.1080/23312521.2016.1269253
How Technology Has Created the Possibility of Opening the Book: From Hard Copy to E-Books
Harpur, P. D. (2017) · Cambridge University Press eBooks · doi:10.1017/9781316340516.003
Vulnerability, Care, Power, and Virtue: Thinking Other Animals Anew
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Metadata
- Authors
- FINEMAN, M. A.
- Corresponding author
- MARTHA ALBERTSON FINEMAN
- Venue
- Transcending the Boundaries of Law
- Publisher
- Routledge-Cavendish
- Published
- 2010-07-12
- Pages
- 177-191
- OpenAlex
- W3121891619
- Cited by
- 429
- References
- 0
- Citations by year
- 2026: 13 · 2025: 15 · 2024: 12 · 2023: 10 · 2022: 9 · 2021: 46 · 2020: 51 · 2019: 68 · 2018: 39 · 2017: 37 · 2016: 28 · 2015: 19 · 2014: 15 · 2013: 23 · 2012: 23
- FWCI
- 216.52
- Type
- book chapter
- Language
- en
- Open access
- bronze
- doi.org
- Locations
- Routledge eBooks (publishedVersion)
- Topics
- Social Sciences › Political Science and International Relations › Political Philosophy and Ethics
- Social Sciences › Law › Discrimination and Equality Law
- Social Sciences › Law › Legal Rights and Human Rights
- Keywords
- vulnerability, vulnerable subjects, equality, equal protection, substantive equality, state responsibility, liberalism, individualism, institutional inequality, social policy, non-interventionism, contract theory
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