Theoretical Inquiries in Law最新文献_第9页

Do Good Citizens Need Good Laws? Economics and the Expressive Function 好公民需要好法律吗?经济学与表达函数

Theoretical Inquiries in Law Pub Date : 2020-01-21 DOI: 10.1515/til-2021-0020

Michael D. Gilbert, Andrew T. Hayashi

引用次数: 0

Intergenerational Support of Older Adults by the ‘Mature’ Sandwich Generation: The Relevance of National Policy Regimes “成熟”三明治一代对老年人的代际支持:国家政策制度的相关性

Theoretical Inquiries in Law Pub Date : 2020-01-01 DOI: 10.1515/til-2020-0004

M. Silverstein, A. Tur-Sinai, N. Lewin-Epstein

{"title":"Intergenerational Support of Older Adults by the ‘Mature’ Sandwich Generation: The Relevance of National Policy Regimes","authors":"M. Silverstein, A. Tur-Sinai, N. Lewin-Epstein","doi":"10.1515/til-2020-0004","DOIUrl":"https://doi.org/10.1515/til-2020-0004","url":null,"abstract":"Abstract In this article we examine the association between national welfare regime and the propensity of middle–aged and older individuals with adult children of their own to provide social support to aged parents. Using data from mature adults (50+) in 26 European countries, we examine whether older and younger generations compete for the time resources of the middle “sandwiched” generation, and whether national policy context shapes this competition. Contrary to expectations, we found that sandwich generation members were less likely to provide support to their parents in Conservative–Mediterranean and East European regimes, but more likely to do so in universalistic Social–Democratic regimes. This evidence supports the hypothesis that well–developed welfare states “crowd–in” family support to older individuals. Middle generation members who provided social support to their adult children tended to provide to their older parents as well. This was particularly true in the two regimes where resources and public benefits tend to be more generous and may be interpreted as state benefits that reduce intergenerational competition. Findings are discussed in terms of the capacity of state policies to shape the allocation of family resources to older adults where extended family lineages have become the norm.","PeriodicalId":39577,"journal":{"name":"Theoretical Inquiries in Law","volume":"1 1","pages":"55 - 76"},"PeriodicalIF":0.0,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90970862","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 21

Vulnerability, Law, and Dementia: An Interdisciplinary Discussion of Legislation and Practice 脆弱性，法律和痴呆:立法和实践的跨学科讨论

Theoretical Inquiries in Law Pub Date : 2020-01-01 DOI: 10.1515/til-2020-0007

Titti Mattsson, L. Giertz

{"title":"Vulnerability, Law, and Dementia: An Interdisciplinary Discussion of Legislation and Practice","authors":"Titti Mattsson, L. Giertz","doi":"10.1515/til-2020-0007","DOIUrl":"https://doi.org/10.1515/til-2020-0007","url":null,"abstract":"Abstract Legislation for dementia care needs to be continually rethought, if the rights of older persons and other persons with dementia are to be addressed properly. We propose a theoretical framework for understanding vulnerability and dependency, which enables us to problematize the currently prevailing legal conception of adults as always able — irrespective of health or age — to act autonomously in their everyday lives. Such an approach gives rise to difficult dilemmas when persons with dementia are forced to make decisions on their own about basic living conditions, such as housing and care, without decision-making support. In Sweden, for example, such matters are frequently left to the person him- or herself to decide, often without any assistance from social workers, and with family members serving as caregivers of last resort. Using vulnerability theory as the framework for our discussion, we argue that policymakers should not apply a group-oriented approach (based on factors like age, legal status, or mental capacity) to persons suffering from dementia. The needs of such individuals are as complex and varied as they themselves are. We discuss our findings from an interdisciplinary (law/social work) research project in which we examine the dilemma that social workers face when they are required, under the terms of the Swedish Social Services Act, to determine whether persons with dementia are to be granted support. We argue further that a cross-disciplinary approach — in which vulnerability theory furnishes the framework — opens up for new ways of understanding and developing social welfare law and practice. This, we believe, can help us better address the rights, interests, and needs of people with dementia, of their families, and of professionals in the social welfare system. Finally, many of the problems faced by ageing societies in general can be understood on the basis of such an approach.","PeriodicalId":39577,"journal":{"name":"Theoretical Inquiries in Law","volume":"94 2 1","pages":"139 - 159"},"PeriodicalIF":0.0,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73460621","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 8

Should Age Discrimination Be an Integral Part of Employment Discrimination Law? 年龄歧视应该成为就业歧视法的组成部分吗?

Theoretical Inquiries in Law Pub Date : 2020-01-01 DOI: 10.1515/til-2020-0006

Lilach Lurie

引用次数: 0

Elder Law and Its Justifications: A Hybrid Vision Inspired by Family Law Jurisprudence 老年法及其正当性:家庭法学启发下的混合视野

Theoretical Inquiries in Law Pub Date : 2020-01-01 DOI: 10.1515/til-2020-0003

Daphna Hacker

引用次数: 0

A Framework for Theoretical Inquiry into Law and Aging 法律与老龄化的理论研究框架

Theoretical Inquiries in Law Pub Date : 2020-01-01 DOI: 10.1515/til-2020-0009

Nina A. Kohn

引用次数: 0

A Socio-Legal Analysis of Elder Care Laws in India 印度老年护理法的社会法律分析

Theoretical Inquiries in Law Pub Date : 2020-01-01 DOI: 10.1515/til-2020-0005

D. Dey

{"title":"A Socio-Legal Analysis of Elder Care Laws in India","authors":"D. Dey","doi":"10.1515/til-2020-0005","DOIUrl":"https://doi.org/10.1515/til-2020-0005","url":null,"abstract":"Abstract Care for older persons in India is considered to be the prerogative of the family, particularly the adult children. The legal and policy discourse reiterates this notion as well. In a country that glorifies the notion of filial piety, one finds a rising number of instances of parental neglect and abuse over the last decade. Against this background, it is important to revisit the existing laws, especially the Maintenance and Welfare of Parents and Senior Citizens Act (2007) which aims to provide relief to aggrieved parents and senior citizens. In this Article, I analyse the relevant laws and discuss the nature of complaints lodged by elderly parents at the Maintenance Tribunal in Kolkata (India). The nature of intergenerational disputes and the way they are dealt with by the Tribunal highlight the law’s inability to imagine a world of needs beyond the economic needs of survival. Despite a few positive measures, the law presently falls short of interpreting the social ‘needs’ of belongingness, retaining authority and a position of importance in the family, a set of needs that often remain unspoken and are therefore disregarded by the law’s agent (the Tribunal judge in this case). I argue that in the process of translating the ‘needs’ of older persons into ‘rights’ through the application of the law, justice is disserved.","PeriodicalId":39577,"journal":{"name":"Theoretical Inquiries in Law","volume":"45 1","pages":"77 - 102"},"PeriodicalIF":0.0,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84328065","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Age, Equality, and Vulnerability 年龄、平等和脆弱

Theoretical Inquiries in Law Pub Date : 2020-01-01 DOI: 10.2139/ssrn.3490254

Alexander A Boni-Saenz

引用次数: 1

25 Years of Elder Law: An Integrative and Historical Account of the Field of Law and Aging 25年的老年法律:法律与老龄化领域的综合历史叙述

Theoretical Inquiries in Law Pub Date : 2020-01-01 DOI: 10.1515/til-2020-0002

I. Doron

引用次数: 3

The Charitable Continuum 慈善事业的延续

Theoretical Inquiries in Law Pub Date : 2019-10-13 DOI: 10.2139/ssrn.3469340

Eric A. Kades

{"title":"The Charitable Continuum","authors":"Eric A. Kades","doi":"10.2139/ssrn.3469340","DOIUrl":"https://doi.org/10.2139/ssrn.3469340","url":null,"abstract":"Abstract There are powerful fairness and efficiency arguments for making charitable donations to soup kitchens 100% deductible. These arguments have no purchase for donations to fund opulent church organs, yet these too are 100% deductible under the current tax code. This stark dichotomy is only the tip of the iceberg. Looking at a wider sampling of charitable gifts reveals a charitable continuum. Based on sliding scales for efficiency, multiple theories of fairness, pluralism, institutional competence and social welfare dictate that charitable deductions should in most cases be fractions between zero and one. Moreover, the Central Limit Theorem strongly suggests that combining this welter of largely independent criteria with the wide variety of charitable gifts results in a classic bell-shaped normal curve of optimal deductions, with a peak at some central value and quickly decaying to zero at the extremes of 0% and 100%. Given that those are the only two options under the current tax code, the current charitable deduction regime inevitably makes large errors in most cases. Actually calculating a precise optimal percentage for each type of charitable donation is of course impractical. This Article suggests, however, that we can do much better than the systematically erroneous current charitable deduction. Granting a 100% deduction only for donations to the desperately poor, along with 50%, 25%, and 0% for gifts yielding progressively fewer efficiency, fairness, pluralism, and institutional competence benefits, promises to deliver a socially more desirable charitable deduction.","PeriodicalId":39577,"journal":{"name":"Theoretical Inquiries in Law","volume":"66 1","pages":"285 - 334"},"PeriodicalIF":0.0,"publicationDate":"2019-10-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76841392","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0