Vulnerability and Dignity: A Dialogue with Martha Fineman’s Theory; [Vulnerabilidade e dignidade: um diálogo com a teoria de Martha Fineman]

Chávez-Fernández Postigo J.C. · Dikaion (2023) · DOI: 10.5294/dika.2023.32.1.18

Resumen

Both in doctrine and in case law, it has become frequent to resort to the perspective of vulnerability to protect human rights better. This paper intends to critically assess Martha Fineman’s approach to vulnerability, particularly the importance of overcoming the idea of liberal moral autonomy to reach better social justice standards. It defends the thesis that under a human condition conceived from the rationality of the Aristotelian tradition, some problems of Fineman’s vulnerability theory, noted by its critics, can be resolved. Specifi-cally, we intend to prove that a sufficient and coherent justification of equal and universal rights is achieved from this conception of human nature—of its inherent vulnerability and dignity. This may be relevant to creating better particular public policies and opportunities for human development, bringing together the universal and singular elements essential to achieving it rather than Fineman’s proposal.

Instituciones: Universidad Católica San Pablo