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  1.  2
    Age, Equality, and Vulnerability.Alexander A. Boni-Saenz - 2020 - Theoretical Inquiries in Law 21 (1):161-185.
    This Article uses age as an entry point for examining how temporal and methodological issues in egalitarianism make substantive equality an unattractive goal for vulnerability theory. Instead, vulnerability theory should adopt a continuous doctrine of sufficiency, which is a better fit with vulnerability theory’s underlying aims and rhetoric. Instead of evaluating what individuals have in relation to others, sufficiency refocuses the inquiry on whether we have enough throughout the lifecourse. In the context of vulnerability theory, enough should be defined as (...)
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  2.  4
    A Socio-Legal Analysis of Elder Care Laws in India.Deblina Dey - 2020 - Theoretical Inquiries in Law 21 (1):77-102.
    Care for older persons in India is considered to be the prerogative of the family, particularly the adult children. The legal and policy discourse reiterates this notion as well. In a country that glorifies the notion of filial piety, one finds a rising number of instances of parental neglect and abuse over the last decade. Against this background, it is important to revisit the existing laws, especially the Maintenance and Welfare of Parents and Senior Citizens Act which aims to provide (...)
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  3.  2
    25 Years of Elder Law: An Integrative and Historical Account of the Field of Law and Aging.Israel Doron - 2020 - Theoretical Inquiries in Law 21 (1):1-24.
    Twenty-five years have passed since my first exposure to the field of “elder law.” From a “young” master’s student I have become a law professor and a gerontologist who specializes in law and aging. The journey I have personally experienced in the last quarter-century provided me with some perspective regarding the field of elder law. In this Article, I try to summarize my experience and share some personal insights on the field. This is naturally a very personal and subjective experience. (...)
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  4.  2
    Vulnerability, Law, and Dementia: An Interdisciplinary Discussion of Legislation and Practice.Lottie Giertz & Titti Mattsson - 2020 - Theoretical Inquiries in Law 21 (1):139-159.
    Legislation for dementia care needs to be continually rethought, if the rights of older persons and other persons with dementia are to be addressed properly. We propose a theoretical framework for understanding vulnerability and dependency, which enables us to problematize the currently prevailing legal conception of adults as always able — irrespective of health or age — to act autonomously in their everyday lives. Such an approach gives rise to difficult dilemmas when persons with dementia are forced to make decisions (...)
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  5.  2
    Elder Law and Its Justifications: A Hybrid Vision Inspired by Family Law Jurisprudence.Daphna Hacker - 2020 - Theoretical Inquiries in Law 21 (1):25-54.
    This Article calls for a departure from the ‘positivist–professional’ definition of Elder Law. It offers a new definition that demands answers regarding the justifications for this legal area and the normative base that should guide its content. The paper draws on findings from a qualitative study with grown children who have an elderly parent in need. These findings point toward a) a preliminary theoretical framework that justifies a special area of Elder Law, embracing and transcending that of anti-ageist law, and (...)
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  6.  2
    A Framework for Theoretical Inquiry Into Law and Aging.Nina A. Kohn - 2020 - Theoretical Inquiries in Law 21 (1):187-205.
    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 (...)
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  7.  2
    Intergenerational Support of Older Adults by the ‘Mature’ Sandwich Generation: The Relevance of National Policy Regimes.Noah Lewin-Epstein, Aviad Tur-Sinai & Merril Silverstein - 2020 - Theoretical Inquiries in Law 21 (1):55-76.
    In this article we examine the association between national welfare regime and the propensity of middle–aged and older individuals with adult children of their own to provide social support to aged parents. Using data from mature adults in 26 European countries, we examine whether older and younger generations compete for the time resources of the middle “sandwiched” generation, and whether national policy context shapes this competition. Contrary to expectations, we found that sandwich generation members were less likely to provide support (...)
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  8.  2
    Should Age Discrimination Be an Integral Part of Employment Discrimination Law?Lilach Lurie - 2020 - Theoretical Inquiries in Law 21 (1):103-138.
    This Article argues that a universal approach to age discrimination promotes justice and efficiency. As explained herein, legal regimes regulate age discrimination in employment in various ways. While some regimes create specific anti–age discrimination legislation, others ban most kinds of employment discrimination, including age discrimination, in a general way. These latter promote a universal approach to age discrimination. The current Article explores the theoretical justifications for either a particularistic or a universal approach to age discrimination. Additionally, it enriches its theoretical (...)
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