PHIL 1002 Lecture 15: Martha Fineman
6 Feb 2018
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Document Summary
Interested in social structures that "manage our common vulnerabilities. " Fineman holds that this approach can move us "toward a more substantive vision of equality. : making vulnerability the central concern implies the theorization of a different legal subject --> "the vulnerable subject: normative legal subject is the independent rights bearer. Fineman holds that reconceptualizing the legal subject according to vulnerability is more representative of lived reality and the human condition. Substantive equality: the normative concept of "equality" is inherited from the liberal tradition beginning with john. It doesn"t give the idea of having a more positive conception. 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. " Formal equality"s focus on abstract sameness of individual rights bearers. Focus on individuals narrows the concept of equality to categories of perpetrator/victim, prohibited activities, individual injury.
