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Vulnerable Adults and the Law$
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Jonathan Herring

Print publication date: 2016

Print ISBN-13: 9780198737278

Published to Oxford Scholarship Online: March 2016

DOI: 10.1093/acprof:oso/9780198737278.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 12 May 2021

Introducing Vulnerability

Introducing Vulnerability

(p.1) 1 Introducing Vulnerability
Vulnerable Adults and the Law

Jonathan Herring

Oxford University Press

This introductory chapter briefly discusses the notion of vulnerability and explores how current law responds to it. It examines how the law is built around the ideal of legal personhood. A person who is autonomous, self-sufficient, in control, capacitous, and independent can use the law to maintain their status through the different legal tools: the rights of autonomy, privacy, liberty, and freedom from state interference. For him, legal rights are designed to keep him free from intrusion. Rights are designed to keep people apart and to give people their space. The chapter outlines the dangers that this might bring due to the fact that people are profoundly dependent on others and on social provision in order to meet bodily, emotional, and cultural needs. It emphasizes the need for a legal system that acknowledges a person’s responsibilities with regard to relationships and to society, built upon mutuality, interdependence, and relational responsibilities.

Keywords:   vulnerable, adult, autonomy, norm, mutuality

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