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Theories on Law and Ageing - The Jurisprudence of Elder Law (Paperback, Softcover reprint of hardcover 1st ed. 2009)
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Theories on Law and Ageing - The Jurisprudence of Elder Law (Paperback, Softcover reprint of hardcover 1st ed. 2009)
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This book is about trying to answer questions. These questions were
well introduced by Prof. Margaret Hall in the opening of her
chapter in this book: "The fundamental idea of 'law and aging' as a
discrete category of legal principle and theory is controversial:
how and why are 'older adults' or 'seniors' or 'elders' (the very
terminology is controversial and fraught with difficulties) a
discrete and distinct group for whom 'special' legal thought and
treatment is justified? For some, a category of law and aging is
inherently paternalistic, suggesting that older persons are, like
children, especially in need of the protection of the law. In this
sense, the argument continues, the category itself internalizes
ageist presumptions about older adults and is therefore inherently
flawed and even harmful. If certain older adults are, because of
physical or mental infirmities, genuinely in need of an enhanced
level of legal protection, this entitlement should be
conceptualized in terms of their disability; older adults are not a
distinct group but an arbitrarily delineated demographic category
which contains within it any number of groups that are legitimately
distinct for the purposes of legal theory (the di- bled; women;
persons of colour; Aboriginal persons; rich and poor; etc.) Indeed,
the arti- cial category of "older adults" may be seen as
obfuscating, submerging these more meaningful distinctions.
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