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A Framework for Theoretical Inquiry into Law and Aging

  • Nina A. Kohn
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

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 assumptions that could pose a barrier to developing a more robust theory of law and aging. Specifically, it argues that scholarship in this area will be most fruitful if it recognizes that the study and practice of “elder law” are intertwined but not a single unified field, that “preferential” treatment of older adults can be a form of discrimination, and that old age is not a universal human experience.

* Visiting Professor, Yale Law School; David M. Levy Professor of Law and Faculty Director of Online Education, Syracuse University College of Law. A.B. Princeton University, J.D. Harvard Law School. I am deeply grateful to Daphna Hacker for envisioning this conference and building it with me. I am also in the debt of the contributors to this symposium, whose work invigorates me and makes me hopeful for the future of elder law. Finally, I would be remiss not to thank those who are responsible for bringing elder law into the academy, many of whom are mentioned by name in Israel Doron’s contribution to this symposium.

Cite: Nina A. Kohn, A Framework for Theoretical Inquiry into Law and Aging, 21 THEORETICAL INQUIRIES L. 187 (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-2020-0009

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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