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Law and Race Commons

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University of Nevada, Las Vegas -- William S. Boyd School of Law

Series

Civil Rights and Discrimination

Relative privilege

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Full-Text Articles in Law and Race

Always Already Suspect: Revising Vulnerability Theory, Frank Rudy Cooper Jan 2015

Always Already Suspect: Revising Vulnerability Theory, Frank Rudy Cooper

Scholarly Works

Martha Fineman proposes a post-identity "vulnerability" approach that focuses on burdens we all share; this article argues that theory needs to incorporate recognition of how invisible privileges exacerbate some people's burdens. Vulnerability theory is based on a recognition that we are all born defenseless, become feeble, must fear natural disasters, and might be failed by social institutions. It thus argues for a strong state that takes affirmative steps to insure substantive equality of opportunity. While vulnerability theory might help explain and remedy situations like Hurricane Katrina, it also might be susceptible to an argument that racial profiling is a necessary …