By Terry Carney (auth.), Israel Doron, Ann M. Soden (eds.)
All over the realm, there's a turning out to be curiosity within the courting among legislation and getting older: How does the legislation effect the lives of older humans? Can rights, advocacy and illustration develop the social place of the elderly and strive against ageism? What are the recent and state of the art frontiers within the box of elder legislations? should still there be a brand new foreign human rights conference during this box? those are just the various many questions that come up.
This ebook makes an attempt to reply to a few of these questions and to set the time table for the longer term improvement of elder legislation around the globe. taking into consideration present learn and information, major students from various continents (North the US, Europe, Asia, and Australia) found in this ebook unique and novel principles concerning the destiny improvement of elder legislation. those principles comment on key issues equivalent to elder guardianship, citizenship, psychological means, elder abuse, human rights and foreign legislations, relations relationships, age discrimination, and the fitting to die. This ebook can therefore function a big reference paintings for all these drawn to figuring out the place legislation and getting older are headed, and for these eager about the long run criminal rights of older persons.
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Extra info for Beyond Elder Law: New Directions in Law and Aging
2 A Civil Rights Approach to Elder Law 29 A rights-based critique of such statutes, by comparison, has significantly greater potential to affect policy choices related to elder abuse. One reason for this is that such a critique provides a more complete—and far more problematic—picture of their impacts. 54 A rights-based critique of mandatory elder abuse reporting statutes could significantly impact policy choices due to the political and rhetorical weight such a critique could carry even if such statutes were not found legally impermissible in a court of law.
See also Schwartz (2001) (“[T]he presence of rights in a constitution [does not] require that they be judicially enforceable for them to be meaningful. There is also political enforceability. ”). Cf. Mark Tushnet, Why the Constitution Matters (2010) (taking this argument one step further by arguing that the primary value of the United States’ Constitution is that it creates a structure for the country’s politics). 18 See Minow, supra note 14, at 1867. 19 Id. 20 Cf. Doron and Apter (2010) (discussing the potential of an international rights convention, such as a proposed convention on the rights of older persons, to raise awareness about the plight of targeted groups).
The core competency of legal experts—whether they are legal academics or legal practitioners—is to identify and explain legal rules and entitlements. 63 Unfortunately, to date, the legal field has been largely absent from the study of gerontology. This absence partially reflects the fact that the legal field has only recently begun to recognize aging issues as relevant to its work, and that recognition has largely been limited to the emergence of elder law as a specialized area of practice. By contrast, legal scholars are only at the early stages of considering the possibility that elder law could be a distinct legal discipline worthy of theoretical and doctrinal analysis.