Theories on Law and Ageing : The Jurisprudence of Elder Law

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. The fundamental idea of "law and aging" as a discrete category of legal principle and theory is controversial: What special feature and characteristics of "older adults" justify and even require a particular theoretical approach? Is it possible to formulate legitimate generalizations about a group identified as "older adults", while avoiding the harmful stereotypes of ageism? And what if anything is gained by the approach? In an attempt to provide answers to these difficult questions, this book presents a collection of different theoretical frameworks to the field of law and ageing. Written by the leading scholars in the field, this book describes the diverse and rich theoretical landscape of this field, and argues that time has come to recognize the importance of "Jurisprudential Gerontology" for the future development of the socio-legal science of ageing. The fundamental idea of 'law and ageing' as a discrete category of legal principle and theory is controversial: What special feature and characteristics of 'older adults' justify and even require a particular theoretical approach? Is it possible to formulate legitimate generalizations about a group identified as 'older adults', while avoiding the harmful stereotypes of ageism? And what if anything is gained by the approach? In an attempt to provide answers to these difficult questions, this book presents a collection of different theoretical frameworks to the field of law and ageing. Written by the leading scholars in the field, this book describes the diverse and rich theoretical landscape of this field, and argues that time has come to recognize the importance of 'Jurisprudential Gerontology' for the future development of the socio-legal science of ageing Front Matter....Pages i-xv Elder Law: A Personal Perspective....Pages 1-9 Later Life Legal Planning....Pages 11-30 A Therapeutic Approach....Pages 31-44 A Feminist Approach to Elder Law....Pages 45-57 A Multi-Dimensional Model of Elder Law....Pages 59-74 A Law and Economics Approach....Pages 75-92 What can Elder Law Learn from Disability Law?....Pages 93-105 Equity Theory: Responding to the Material Exploitation of the Vulnerable but Capable....Pages 107-119 Law and Aging: Mental Health Theory Approach....Pages 121-143 The Future of Elder Law....Pages 145-153 Back Matter....Pages 155-157