Elder Law and Its Justifications: A Hybrid Vision Inspired by Family Law Jurisprudence
Abstract
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.
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.