Pub Date : 2021-09-01DOI: 10.1177/13582291211031381
Maria Kiwanuka
In this article the author submits that COVID-19 pandemic challenges could be utilised as an opportunity to reform government institutions to develop resilience measures that would potentially meet contemporary and future challenges. It will highlight that the current approach of institutions has failed to meet societal need. It focuses on developing countries, particularly the continent of Africa, drawing on results from a qualitative study of a justice institution of Uganda as a case study that explored how institutions coped to maintain societal relationship during the pandemic. Results suggested that, despite the pandemic challenges, institutions suffer epistemic issues that require critical examination for states to develop policies that would facilitate institutional reform to gain resilience mechanisms needed to meet contemporary and future societal challenges. A vulnerability theoretical framework is introduced and suggested as the remedy.
{"title":"Institutional vulnerabilities, COVID-19, resilience mechanisms and societal relationships in developing countries","authors":"Maria Kiwanuka","doi":"10.1177/13582291211031381","DOIUrl":"https://doi.org/10.1177/13582291211031381","url":null,"abstract":"In this article the author submits that COVID-19 pandemic challenges could be utilised as an opportunity to reform government institutions to develop resilience measures that would potentially meet contemporary and future challenges. It will highlight that the current approach of institutions has failed to meet societal need. It focuses on developing countries, particularly the continent of Africa, drawing on results from a qualitative study of a justice institution of Uganda as a case study that explored how institutions coped to maintain societal relationship during the pandemic. Results suggested that, despite the pandemic challenges, institutions suffer epistemic issues that require critical examination for states to develop policies that would facilitate institutional reform to gain resilience mechanisms needed to meet contemporary and future societal challenges. A vulnerability theoretical framework is introduced and suggested as the remedy.","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":"21 1","pages":"288 - 307"},"PeriodicalIF":1.1,"publicationDate":"2021-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46340175","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}
Pub Date : 2021-09-01DOI: 10.1177/13582291211042212
M. Fineman
Discussions about social justice and governmental responsibility are often framed in abstract terms, referencing aspirational concepts such as “equality” or “autonomy.” While this is particularly evident in law, grand narratives also shape policies related to public health and welfare, as well as many other areas that overlap with law. Of specific interest in the context of this collection is the idealized rendition of the body that permeates these grand narratives. In law, as well as in political theory, philosophy, economics, and ethics, the body is abstracted to the point that its material realities and their implications for social policy can be conveniently ignored. The pandemic has disrupted, even discredited, dominant political narratives, which minimized or ridiculed the need for safety nets and other social welfare policies. COVID-19 has forced a consideration of the inescapably and uncomfortably concrete into public consciousness, opening up the possibility for a revisioning of our thinking about both individual and societal requirements and responsibilities. Fortunately, vulnerability theory presents a constructive and needed alternative to the traditional paradigm for thinking about the nature of the state and its social institutions and relationships in this post-pandemic reality.
{"title":"Populations, Pandemics, and Politics","authors":"M. Fineman","doi":"10.1177/13582291211042212","DOIUrl":"https://doi.org/10.1177/13582291211042212","url":null,"abstract":"Discussions about social justice and governmental responsibility are often framed in abstract terms, referencing aspirational concepts such as “equality” or “autonomy.” While this is particularly evident in law, grand narratives also shape policies related to public health and welfare, as well as many other areas that overlap with law. Of specific interest in the context of this collection is the idealized rendition of the body that permeates these grand narratives. In law, as well as in political theory, philosophy, economics, and ethics, the body is abstracted to the point that its material realities and their implications for social policy can be conveniently ignored. \u0000 \u0000The pandemic has disrupted, even discredited, dominant political narratives, which minimized or ridiculed the need for safety nets and other social welfare policies. COVID-19 has forced a consideration of the inescapably and uncomfortably concrete into public consciousness, opening up the possibility for a revisioning of our thinking about both individual and societal requirements and responsibilities. Fortunately, vulnerability theory presents a constructive and needed alternative to the traditional paradigm for thinking about the nature of the state and its social institutions and relationships in this post-pandemic reality.","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":"21 1","pages":"184 - 190"},"PeriodicalIF":1.1,"publicationDate":"2021-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48011766","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}
Pub Date : 2021-09-01DOI: 10.1177/13582291211041461
{"title":"Covid-19: Lessons for and from Vulnerability Theory","authors":"","doi":"10.1177/13582291211041461","DOIUrl":"https://doi.org/10.1177/13582291211041461","url":null,"abstract":"","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":"21 1","pages":"181 - 183"},"PeriodicalIF":1.1,"publicationDate":"2021-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47227592","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}
Anjali Adukia, A. Eble, Emileigh Harrison, H. Runesha, Teodora Szasz
Books shape how children learn about society and social norms, in part through the representation of different characters. To better understand the messages children encounter in books, we introduce new artificial intelligence methods for systematically converting images into data. We apply these image tools, along with established text analysis methods, to measure the representation of race, gender, and age in children’s books commonly found in US schools and homes over the last century. We find that more characters with darker skin color appear over time, but “mainstream” award-winning books, which are twice as likely to be checked out from libraries, persistently depict more lighter-skinned characters even after conditioning on perceived race. Across all books, children are depicted with lighter skin than adults. Over time, females are increasingly present but are more represented in images than in text, suggesting greater symbolic inclusion in pictures than substantive inclusion in stories. Relative to their growing share of the US population, Black and Latinx people are underrepresented in the mainstream collection; males, particularly White males, are persistently overrepresented. Our data provide a view into the “black box” of education through children’s books in US schools and homes, highlighting what has changed and what has endured.
{"title":"What We Teach About Race and Gender: Representation in Images and Text of Children’s Books","authors":"Anjali Adukia, A. Eble, Emileigh Harrison, H. Runesha, Teodora Szasz","doi":"10.2139/ssrn.3825080","DOIUrl":"https://doi.org/10.2139/ssrn.3825080","url":null,"abstract":"Books shape how children learn about society and social norms, in part through the representation of different characters. To better understand the messages children encounter in books, we introduce new artificial intelligence methods for systematically converting images into data. We apply these image tools, along with established text analysis methods, to measure the representation of race, gender, and age in children’s books commonly found in US schools and homes over the last century. We find that more characters with darker skin color appear over time, but “mainstream” award-winning books, which are twice as likely to be checked out from libraries, persistently depict more lighter-skinned characters even after conditioning on perceived race. Across all books, children are depicted with lighter skin than adults. Over time, females are increasingly present but are more represented in images than in text, suggesting greater symbolic inclusion in pictures than substantive inclusion in stories. Relative to their growing share of the US population, Black and Latinx people are underrepresented in the mainstream collection; males, particularly White males, are persistently overrepresented. Our data provide a view into the “black box” of education through children’s books in US schools and homes, highlighting what has changed and what has endured.","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":"49 1","pages":""},"PeriodicalIF":1.1,"publicationDate":"2021-07-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82618447","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}
Pub Date : 2021-07-28DOI: 10.1177/13582291211031374
Dan Denny, C. Duarte, Douglas de Castro, Luiz Ismael Pereira
This paper discusses inequalities of the health system in Brazil and advocates that now, more than ever in light of the Covid-19 pandemic, the world needs to put in place a more collaborative and egalitarian way of financing health research and investments in public health systems. The role of the state and institutions in the design of public policies for the realization of social rights is debated in the face of the economic and political crisis. Here we draw upon Martha Fineman’s vulnerability theory and Thomas Pogge’s view on justice with regard to health.
{"title":"COVID-19 magnifies the vulnerabilities: The Brazilian case","authors":"Dan Denny, C. Duarte, Douglas de Castro, Luiz Ismael Pereira","doi":"10.1177/13582291211031374","DOIUrl":"https://doi.org/10.1177/13582291211031374","url":null,"abstract":"This paper discusses inequalities of the health system in Brazil and advocates that now, more than ever in light of the Covid-19 pandemic, the world needs to put in place a more collaborative and egalitarian way of financing health research and investments in public health systems. The role of the state and institutions in the design of public policies for the realization of social rights is debated in the face of the economic and political crisis. Here we draw upon Martha Fineman’s vulnerability theory and Thomas Pogge’s view on justice with regard to health.","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":"21 1","pages":"272 - 287"},"PeriodicalIF":1.1,"publicationDate":"2021-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/13582291211031374","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47386632","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}
Pub Date : 2021-07-21DOI: 10.1177/13582291211031377
L. Rodgers
In this article it is argued that the COVID-19 crisis offers an important opportunity for engagement and reflection on the operation and effectiveness of laws regarding the workplace in the UK and beyond. The crisis underscores the temporality and partiality of labour law measures, and the need for a reimagining of that law based on more sustainable principles. I argue that this reimagination should coalesce around a human-centric approach to law, and the recognition of the need for deep and varied institutional support for workers. It is argued that these principles have been adopted historically in the context of health and safety law, but have not always been well applied, particularly in the context of the pandemic. In any event, the adoption of these principles and the greater integration of health and safety and labour law would encourage states to better promote worker agency and resilience and hence move towards meeting the aspirations of vulnerability theory.
{"title":"Reimagining state responsibility for workers following COVID-19: A vulnerability approach","authors":"L. Rodgers","doi":"10.1177/13582291211031377","DOIUrl":"https://doi.org/10.1177/13582291211031377","url":null,"abstract":"In this article it is argued that the COVID-19 crisis offers an important opportunity for engagement and reflection on the operation and effectiveness of laws regarding the workplace in the UK and beyond. The crisis underscores the temporality and partiality of labour law measures, and the need for a reimagining of that law based on more sustainable principles. I argue that this reimagination should coalesce around a human-centric approach to law, and the recognition of the need for deep and varied institutional support for workers. It is argued that these principles have been adopted historically in the context of health and safety law, but have not always been well applied, particularly in the context of the pandemic. In any event, the adoption of these principles and the greater integration of health and safety and labour law would encourage states to better promote worker agency and resilience and hence move towards meeting the aspirations of vulnerability theory.","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":"21 1","pages":"191 - 211"},"PeriodicalIF":1.1,"publicationDate":"2021-07-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/13582291211031377","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44834698","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}
Pub Date : 2021-07-16DOI: 10.1177/13582291211032843
K. S. Jobe
Drawing upon Martha Fineman’s vulnerability theory, the paper argues that the legal claims of homeless appellants before and during the COVID-19 pandemic illustrate our universal vulnerability which stems from the essential, life-sustaining activities flowing from the ontological status of the human body. By recognizing that housing availability has constitutional significance because it provides for life-sustaining activities such as sleeping, eating and lying down, I argue that the legal rationale reviewed in the paper underscores the empirical, ontological reality of the body as the basis for a jurisprudence of universal vulnerability. By tracing the constitutional basis of this jurisprudence from Right to Travel to Eighth Amendment grounds during COVID-19, the paper outlines a distinct legal paradigm for understanding vulnerability in its universal, constant and essential form – one of the central premises of vulnerability theory.
{"title":"The jurisprudence of universal subjectivity: COVID-19, vulnerability and housing","authors":"K. S. Jobe","doi":"10.1177/13582291211032843","DOIUrl":"https://doi.org/10.1177/13582291211032843","url":null,"abstract":"Drawing upon Martha Fineman’s vulnerability theory, the paper argues that the legal claims of homeless appellants before and during the COVID-19 pandemic illustrate our universal vulnerability which stems from the essential, life-sustaining activities flowing from the ontological status of the human body. By recognizing that housing availability has constitutional significance because it provides for life-sustaining activities such as sleeping, eating and lying down, I argue that the legal rationale reviewed in the paper underscores the empirical, ontological reality of the body as the basis for a jurisprudence of universal vulnerability. By tracing the constitutional basis of this jurisprudence from Right to Travel to Eighth Amendment grounds during COVID-19, the paper outlines a distinct legal paradigm for understanding vulnerability in its universal, constant and essential form – one of the central premises of vulnerability theory.","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":"21 1","pages":"254 - 271"},"PeriodicalIF":1.1,"publicationDate":"2021-07-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/13582291211032843","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42100137","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}
Pub Date : 2021-07-14DOI: 10.1177/13582291211031371
E. Gordon-Bouvier
The restrained state has always sought to devalue socially reproductive work, often consigning it to the private family unit, where it is viewed as a natural part of female relational roles. This marginalisation of social reproduction adversely affects those performing it and reduces their resilience to vulnerability. The pandemic has largely shattered the liberal illusions of autonomous personhood and state restraint. The reality of our universal embodied vulnerability has now become impossible to ignore, and society’s reliance on socially reproductive work has therefore been pushed into public view. However, the pandemic has also exacerbated harms and pressures for those performing paid and unpaid social reproduction, creating a crisis that demands an urgent state response. As it is argued in this paper, the UK response to date has been inadequate, illustrating an unwillingness to abandon familiar principles of liberal individualism. However, the pandemic has also created a climate of exceptionality, which has prompted even the most neoliberal of states to consider measures that in the past would have been dismissed. In this paper, it is imagined how the state can use this opportunity to become more responsive and improve the resilience of social reproduction workers, both inside and outside the home.
{"title":"Vulnerable bodies and invisible work: The Covid-19 pandemic and social reproduction","authors":"E. Gordon-Bouvier","doi":"10.1177/13582291211031371","DOIUrl":"https://doi.org/10.1177/13582291211031371","url":null,"abstract":"The restrained state has always sought to devalue socially reproductive work, often consigning it to the private family unit, where it is viewed as a natural part of female relational roles. This marginalisation of social reproduction adversely affects those performing it and reduces their resilience to vulnerability. The pandemic has largely shattered the liberal illusions of autonomous personhood and state restraint. The reality of our universal embodied vulnerability has now become impossible to ignore, and society’s reliance on socially reproductive work has therefore been pushed into public view. However, the pandemic has also exacerbated harms and pressures for those performing paid and unpaid social reproduction, creating a crisis that demands an urgent state response. As it is argued in this paper, the UK response to date has been inadequate, illustrating an unwillingness to abandon familiar principles of liberal individualism. However, the pandemic has also created a climate of exceptionality, which has prompted even the most neoliberal of states to consider measures that in the past would have been dismissed. In this paper, it is imagined how the state can use this opportunity to become more responsive and improve the resilience of social reproduction workers, both inside and outside the home.","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":"21 1","pages":"212 - 229"},"PeriodicalIF":1.1,"publicationDate":"2021-07-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/13582291211031371","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49093484","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}
Pub Date : 2021-07-12DOI: 10.1177/13582291211031375
Dan Newman, Jess Mant, F. Gordon
This paper explores legal need and legal advice in England and Wales during the COVID-19 pandemic. It uses the lens of vulnerability theory to examine the ways in which this crisis exposed pre-existing fragilities between the state and its relationship with the advice sector, and the individuals who experience social welfare problems. The paper commences by exploring Fineman’s vulnerability thesis and its application to those experiencing social welfare-related issues, as well as the vulnerability of the systems operating to give advice. The paper then considers the specific context of the COVID-19 pandemic and the impact on needs, and the ability of the sector to meet these needs. Drawing on policy documents, reports and three case studies from law centres in England and Wales, it discusses the concept of legal need and the realities being experienced. These case studies assist us in being able to critically consider the topics of vulnerability, changing needs and the role that technology is, and can play during the pandemic and beyond. Lastly, the paper points to the need for a critical consideration of the sustainability and format of legal advice in addressing legal need in the post-COVID-19 landscape.
{"title":"Vulnerability, legal need and technology in England and Wales","authors":"Dan Newman, Jess Mant, F. Gordon","doi":"10.1177/13582291211031375","DOIUrl":"https://doi.org/10.1177/13582291211031375","url":null,"abstract":"This paper explores legal need and legal advice in England and Wales during the COVID-19 pandemic. It uses the lens of vulnerability theory to examine the ways in which this crisis exposed pre-existing fragilities between the state and its relationship with the advice sector, and the individuals who experience social welfare problems. The paper commences by exploring Fineman’s vulnerability thesis and its application to those experiencing social welfare-related issues, as well as the vulnerability of the systems operating to give advice. The paper then considers the specific context of the COVID-19 pandemic and the impact on needs, and the ability of the sector to meet these needs. Drawing on policy documents, reports and three case studies from law centres in England and Wales, it discusses the concept of legal need and the realities being experienced. These case studies assist us in being able to critically consider the topics of vulnerability, changing needs and the role that technology is, and can play during the pandemic and beyond. Lastly, the paper points to the need for a critical consideration of the sustainability and format of legal advice in addressing legal need in the post-COVID-19 landscape.","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":"21 1","pages":"230 - 253"},"PeriodicalIF":1.1,"publicationDate":"2021-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/13582291211031375","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42389314","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}
Pub Date : 2021-06-30DOI: 10.1177/13582291211025136
Precius Sihlangu, Kola Sola Odeku
In 1994, as soon as South Africa became a democratic country, the first step taken by the new democratic government was to introduce various transformative constitutional and legislative interventions that sought to redress all the past apartheid discriminatory laws. This paper looks at these interventions by critically showcasing how they are being used to transform and reform land by ensuring inclusivity and equity in South Africa where the previously denied, disposed and segregated Black majority have access and are benefitting broadly.
{"title":"Critical analysis of transformative interventions redressing apartheid land discrimination and injustices in South Africa: From land segregation to inclusivity","authors":"Precius Sihlangu, Kola Sola Odeku","doi":"10.1177/13582291211025136","DOIUrl":"https://doi.org/10.1177/13582291211025136","url":null,"abstract":"In 1994, as soon as South Africa became a democratic country, the first step taken by the new democratic government was to introduce various transformative constitutional and legislative interventions that sought to redress all the past apartheid discriminatory laws. This paper looks at these interventions by critically showcasing how they are being used to transform and reform land by ensuring inclusivity and equity in South Africa where the previously denied, disposed and segregated Black majority have access and are benefitting broadly.","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":"21 1","pages":"328 - 356"},"PeriodicalIF":1.1,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/13582291211025136","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47207484","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}
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