TY - JOUR
T1 - Elder Law and Its Justifications
T2 - A Hybrid Vision Inspired by Family Law Jurisprudence
AU - Hacker, Daphna
N1 - Publisher Copyright:
© 2020 by Theoretical Inquiries in Law 2020.
PY - 2020/1/1
Y1 - 2020/1/1
N2 - This Article calls for a departure from the 'positivist-professional' definition of Elder Law. It offers a new definition that demands answers regarding the justifications for this legal area and the normative base that should guide its content. The paper draws on findings from a qualitative study with grown children who have an elderly parent in need. These findings point toward a) a preliminary theoretical framework that justifies a special area of Elder Law, embracing and transcending that of anti-ageist law, and b) the relevance of Family Law jurisprudence as a normative inspiration for this legal area.
AB - This Article calls for a departure from the 'positivist-professional' definition of Elder Law. It offers a new definition that demands answers regarding the justifications for this legal area and the normative base that should guide its content. The paper draws on findings from a qualitative study with grown children who have an elderly parent in need. These findings point toward a) a preliminary theoretical framework that justifies a special area of Elder Law, embracing and transcending that of anti-ageist law, and b) the relevance of Family Law jurisprudence as a normative inspiration for this legal area.
UR - http://www.scopus.com/inward/record.url?scp=85081401415&partnerID=8YFLogxK
U2 - 10.1515/til-2020-0003
DO - 10.1515/til-2020-0003
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AN - SCOPUS:85081401415
SN - 1565-3404
VL - 21
SP - 25
EP - 54
JO - Theoretical Inquiries in Law
JF - Theoretical Inquiries in Law
IS - 1
ER -