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Theories on Law and Ageing

The Jurisprudence of Elder Law

  • Book
  • © 2009

Overview

Editors:
  1. Israel Doron

    1. Department of Gerontology, University of Haifa, Haifa, Israel

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  • Comprehensive review of contemporary theories and approaches in the field of law and ageing
  • Combination of jurisprudential discussion of law and ageing with specific case law analysis
  • Written by the leading scholars in the field
  • Includes supplementary material: sn.pub/extras

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Table of contents (10 chapters)

  1. Front Matter

    Pages i-xv
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  2. Elder Law: A Personal Perspective

    • A. D. Bogutz
    Pages 1-9

  3. Later Life Legal Planning

    • L. A. Frolik
    Pages 11-30

  4. A Therapeutic Approach

    • M. B. Kapp
    Pages 31-44

  5. A Feminist Approach to Elder Law

    • A. K. Dayton
    Pages 45-57

  6. A Multi-Dimensional Model of Elder Law

    • I. Doron
    Pages 59-74

  7. A Law and Economics Approach

    • R. L. Kaplan
    Pages 75-92

  8. What can Elder Law Learn from Disability Law?

    • D. Surtees
    Pages 93-105

  9. Equity Theory: Responding to the Material Exploitation of the Vulnerable but Capable

    • M. I. Hall
    Pages 107-119

  10. Law and Aging: Mental Health Theory Approach

    • W. C. Schmidt
    Pages 121-143

  11. The Future of Elder Law

    • R. C. Morgan
    Pages 145-153

  12. Back Matter

    Pages 155-157
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Keywords

About this book

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.

Editors and Affiliations

  • Department of Gerontology, University of Haifa, Haifa, Israel

    Israel Doron

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