In this paper I present a critical analysis of the English law relating to the safeguarding of vulnerable adults, in particular how the law impacts on the sexual lives of adult women with mental disabilities. I consider the discourses of vulnerability that surround the different legal regimes and whether the emerging theoretical vulnerability literature can assist in developing more nuanced legal responses. I argue that the inherent jurisdiction and Care Act 2014 provide an opportunity to move away from the focus (...) on inherent features of vulnerability such as mental disability towards a more nuanced, situational and embodied account of what it means to safeguard ‘vulnerable adults’. This has the potential to be developed in England through the new legal framework of the Care Act and can be achieved through targeting interventions against the situational causes of vulnerability, for example the perpetrators of sexual violence. (shrink)

This paper raises several concerns about vulnerability as an alternative language to conceptualize injustice and politicize its attendant injuries. First, the project of resignifying “vulnerability” by emphasizing its universality and amplifying its generative capacity, I suggest, might dilute perceptions of inequality and muddle important distinctions among specific vulnerabilities, as well as differences between those who are injurable and those who are already injured. Vulnerability scholars, moreover, have yet to elaborate the path from acknowledging constitutive vulnerability to addressing concrete injustices. Second, (...) vulnerability studies respond to, and have been shaped by, debates in the 1980s and 1990s over oppression, identity and agency. This genealogy needs to be acknowledged and evaluated. As I demonstrate, prominent theorists define vulnerability in contradistinction to victimization, adopting neo-liberal formulations of victims and victimhood. Finally, I turn to address the politics of vulnerability. At issue are not simply matters of utility or programmes for implementation, but the fraught relationship among ontology, ethics and politics, which I address through an engagement with Rancière's conception of the political and the case of the Black Lives Matter movement. (shrink)

Pluralism and diversity are largely bound to a humancentric conception of difference, one which fails to consider the plurality of ontologies that constitute reality. The result has been the confinement of the subject of justice to social spaces, and hence the reinforcement of the dichotomous understanding of humanity and nature. This is in part because pluralist theories are largely concerned with one single manifestation of vulnerability: the vulnerability of minority groups. This essay begins by offering a distinctive definition of vulnerability, (...) one that is broad enough to incorporate both universal and dispositional accounts, while being narrow enough to rule out both vitalist and biocentric approaches. I use the notion to examine debates on political pluralism, and I argue that, as they currently stand, pluralist approaches are ill suited for understanding the struggles of Indigenous peoples against colonialism. I defend the view that the normative case for pluralism needs to be grounded in an ecologically aware ethics that can respond to the vulnerability of animate beings who sustain life. (shrink)

Vulnerability has emerged as a fruitful concept in recent political discourse. Although care theorists have sometimes framed care ethics in terms of vulnerability, they have most often oriented it around dependency. This article discusses the differences between dependency and vulnerability and argues for a reconceptualization of care ethics in terms of vulnerability. By reframing care ethics around vulnerability, care theorists can not only broaden the scope of issues that care ethics can address and clarify ambiguities in the theory but also (...) strengthen the justification for a responsibility to care. (shrink)

ABSTRACTThis essay elaborates how an imbalanced reciprocity between inhabitants of places of relative safety and places of greater precarity results from pursuing security on the basis of a reactive fear of vulnerability. It analyzes a range of features that shape the complex forms that vulnerability takes with a particular focus on how the constitution of places as rhetorically and corporeally secure or not renders different groups of people secure and/or subject to heightened exposure to harm. This analysis suggests that vulnerability (...) is better conceived as a process than a quality, mediating between conceptions of vulnerability as a universal condition and as a highly specific empirical condition. Finally, by departing from the negative, reactive view of vulnerability that animates the supposition of the boundedness of selves and places, an alternative conception of security that neither equates it with invulnerability nor opposes it to vulnerability can be developed. (shrink)

Much work in care ethics and disability studies is concerned with the flourishing of human animals as an independent species. As a result, it focuses on how the built environments and the social structures that produce them restrict and exclude us. This paper addresses this problem and provides tentative first steps towards sketching an account of ethics that is structured around the interdependent nature of human and more than human life. I argue that our embodied existence places us in a (...) shared condition of vulnerability with all forms of life on earth. This allows us to conceive of caring as an essential condition of the sustainability and well-being of social and ecological life systems. To this end, I discuss the notion of anthropocentrism – and the attendant notion of Anthropocene – and argue that the conception of human animality that underwrites it posits a disembodied and homogenous ‘anthropos’ that is equally responsible for and equally affected by unsustainable social systems. Further, I examine the debate that opposes realist and constructivist accounts of nature, and I argue that it is inadequate to look at nature through the lenses of the predatory social systems that are responsible for ecological injustices in the first place. (shrink)

The notion of vulnerable groups has gained relevance in international legal instruments while being criticised in philosophical literature for its disabling potential and disempowering consequences. The article argues that the category of group vulnerability should not be abandoned, being an opportunity for resistance, visibility, and a place for dissent: vulnerable groups can both function as a sounding board for claims and make demands for recognition, resetting the political agenda and the topics of public debate, and allow the level of collective (...) needs to emerge from the level of individual interests, thereby guaranteeing a fairer distribution of resources. For this purpose, the article provides two definitions of group vulnerability that avoid both the risks of essentialism and of labelling outcomes. The article also analyses the political value of vulnerable groups, highlighting that it is conceivable as an enabling condition, a source of political agency and mobilisation. (shrink)

Patients in need of palliative care are often described as vulnerable. Being vulnerable can sometimes be interpreted as the opposite of being autonomous, if an autonomous person is seen as an independent, self-sufficient person who forms decisions independently of others. Such a dichotomous view can create a situation where one has experiences of vulnerability that cannot be reconciled with the central ethical principle of autonomy. The article presents a feminist ethical perspective on the conceptualisation of vulnerability in the context of (...) palliative care. It does so through the lens of the concepts of inherent and pathogenic vulnerability from the taxonomy on vulnerability suggested by Mackenzie et al. To differentiate between forms of vulnerability, is important since even though vulnerability can be regarded as a shared life condition it can be the product of practices creating harm to the patient. The article also presents an analysis of how vulnerability can be included in the interpretation of the ethical principle of autonomy, in order to be relevant in palliative care where vulnerability is salient, namely, as relational autonomy. Furthermore, two practical implications for nursing practice are suggested. Firstly, to acknowledge vulnerability as a shared life condition one needs training in order to neither be overwhelmed by one’s own vulnerability, nor become invulnerable when facing vulnerability in others. Secondly, to foster relational autonomy includes navigating between the patient exercising their autonomy within a framework of relations, and shielding the patient from paternalistic practices. Nurses could be particularly suited for this role, which includes creating an environment which is open and supportive; navigating between patient, family and staff; seeing and acknowledging the complex situation in which patient autonomy is actually played out; and promoting patient autonomy. (shrink)

Ageism within the context of care has attracted increasing attention in recent years. Similarly, autonomy has developed into a prominent concept within health care law and ethics. This paper explores the way that ageism, understood as a set of negative attitudes about old age or older people, may impact on an older person’s ability to make maximally autonomous decisions within health care. In particular, by appealing to feminist constructions of autonomy as relational, I will argue that the key to establishing (...) this link is the concept of self-relations such as self-trust, self-worth and self-esteem. This paper aims to demonstrate how these may be impacted by the internalisation of negative attitudes associated with old age and care. In light of this, any legal or policy response must be sensitive to and flexible enough to deal with the way in which ageism impacts autonomy. (shrink)

The main purpose of this paper is to examine the validity of the contention that, over the past decades, we have been witnessing the rise of the ‘posthuman condition’. To this end, the analysis draws on the work of the contemporary philosopher Rosi Braidotti. The paper is divided into four parts. The first part centres on the concept of posthumanism, suggesting that it reflects a systematic attempt to challenge humanist assumptions underlying the construction of ‘the human’. The second part focuses (...) on the concept of post-anthropocentrism, demonstrating that it articulates a desire to reject the twin ideas of ‘species supremacism’ and ‘human exceptionalism’, which it seeks to replace with ‘species egalitarianism’ and ‘monistic vitalism’. The third part is concerned with the concept of critical posthumanities, positing that its advocacy is based on the cross-fertilization of posthumanism and post-anthropocentrism. The fourth part offers an assessment of the ‘posthuman condition’ thesis, evaluating the extent to which it sheds new light on the ways in which our engagements with the world are shaped by the confluence of zoe-, geo-, and techno-based dimensions. The paper concludes with a brief summary of the key insights gained from the preceding inquiry. (shrink)

Over many years, different theories have been developed to guide the social practices and policies of institutions so that they demonstrate equal concern and respect for all, and satisfy the requirements of justice. Although the normative principles described in a theory may support just institutions, whether this results in just outcomes will depend on how the decisions that implement the principles are made and actioned. As a societal institution charged with caring for people, ensuring just outcomes is a distinct concern (...) in healthcare. Relationships within this institution are constitutive of human flourishing and are also important to justice. Yet, it is not possible to create, maintain or evaluate interpersonal relationships in the same manner as institutions because rather than being universal and impartial, they are particular and partial. Consequently, the link between theories of justice that guide decision-making in relation to structures or institutions, and the relationships that influence those with a proximate effect on individuals, is not explicit. To address this gap, this article argues that a focus on human flourishing provides a nexus between the decision-making for just institutions and just outcomes for individuals. (shrink)

Early defenders of the Universal Declaration of Human Rights invoked species hierarchy: human beings are owed rights because of our discontinuity with and superiority to animals. Subsequent defenders avoided species supremacism, appealing instead to conditions of embodied subjectivity and corporeal vulnerability we share with animals. In the past decade, however, supremacism has returned in work of the new ‘dignitarians’ who argue that human rights are grounded in dignity, and that human dignity requires according humans a higher status than animals. Against (...) the dignitarians, I argue that defending human rights on the backs of animals is philosophically suspect and politically self-defeating. (shrink)

The world is currently in a state of deregulation. Even stronger: the world is in a state of disruption. Covid-19 has changed the lives of many people, communities, societies and countries all over...