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Elder Law and Its Justifications: A Hybrid Vision Inspired by Family Law Jurisprudence

  • Daphna Hacker
Published/Copyright: February 26, 2020
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Theoretical Inquiries in Law
From the journal Theoretical Inquiries in Law Volume 21 Issue 1

Abstract

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 b) the relevance of Family Law jurisprudence as a normative inspiration for this legal area.

* Associate Professor, Tel Aviv University Faculty of Law and Women and Gender Studies Program. The empirical research reported in this paper was supported by The Israel Science Foundation (grant no. 138/14), for which I would like to express my thanks. I also thank the Cegla Center for Interdisciplinary Research of the Law for its generous support of the additional study needed for this Article. I am grateful to Tsviya Shir, Yuval Carny and Eynat Meytahl for their research assistance; the commentators at the TIL conference on Elder Law and Its Discontents for their insightful comments; and Amanda Dale, for brilliantly turning linguistic editing into indispensable, elegant and thoughtful feedback. Cite as: Daphna Hacker, Elder Law and Its Justifications: A Hybrid Vision Inspired by Family Law, 21 THEORETICAL INQUIRIES L. 25 (2020).

Published Online: 2020-02-26
Published in Print: 2020-02-26

© 2020 by Theoretical Inquiries in Law

Articles in the same Issue

  1. Frontmatter
  2. Introduction
  3. 25 Years of Elder Law: An Integrative and Historical Account of the Field of Law and Aging
  4. Elder Law and Its Justifications: A Hybrid Vision Inspired by Family Law Jurisprudence
  5. Intergenerational Support of Older Adults by the ‘Mature’ Sandwich Generation: The Relevance of National Policy Regimes
  6. A Socio-Legal Analysis of Elder Care Laws in India
  7. Should Age Discrimination Be an Integral Part of Employment Discrimination Law?
  8. Vulnerability, Law, and Dementia: An Interdisciplinary Discussion of Legislation and Practice
  9. Age, Equality, and Vulnerability
  10. A Framework for Theoretical Inquiry into Law and Aging
https://doi.org/10.1515/til-2020-0003

Articles in the same Issue

  1. Frontmatter
  2. Introduction
  3. 25 Years of Elder Law: An Integrative and Historical Account of the Field of Law and Aging
  4. Elder Law and Its Justifications: A Hybrid Vision Inspired by Family Law Jurisprudence
  5. Intergenerational Support of Older Adults by the ‘Mature’ Sandwich Generation: The Relevance of National Policy Regimes
  6. A Socio-Legal Analysis of Elder Care Laws in India
  7. Should Age Discrimination Be an Integral Part of Employment Discrimination Law?
  8. Vulnerability, Law, and Dementia: An Interdisciplinary Discussion of Legislation and Practice
  9. Age, Equality, and Vulnerability
  10. A Framework for Theoretical Inquiry into Law and Aging
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