ABSTRACT

Vulnerability theory and discourse has emerged to describe how human beings are susceptible to change in our physical and social well-being. The vulnerable subject shifts the focus from individual identity towards ‘interrogating the institutional practices that produce the identities and inequalities in the first place’. A particular form of situational vulnerabilities are pathogenic vulnerabilities, including morally dysfunctional or abusive interpersonal and social relationships and sociopolitical oppression or injustice. Both vulnerability theory and human rights law demonstrate the instances where the State fails to respect our shared humanity. Scholarship on vulnerability to date has addressed several substantive issues, such as the legal organisation of work, public responsibility in the context of privatisation, and the role of law regarding the elderly. The chapter also presents an overview on the key concepts discussed in this book.