A Framework for Theoretical Inquiry into Law and Aging
Abstract
With populations aging worldwide, the need for appropriate and
just public policy related to old age is critical. Elder law scholars
can support the creation of such policy by advancing the theoretical
understanding of the relationship between law and aging —
understanding that can help policymakers identify and prioritize
goals, and evaluate potential interventions. This Article aims to
provide a framework for this work by distilling the core theoretical
questions at the intersection of law and aging. It also challenges
common assumptions that could pose a barrier to developing a more
robust theory of law and aging. Specifically, it argues that scholarship
in this area will be most fruitful if it recognizes that the study and
practice of “elder law” are intertwined but not a single unified
field, that “preferential” treatment of older adults can be a form of
discrimination, and that old age is not a universal human experience.
just public policy related to old age is critical. Elder law scholars
can support the creation of such policy by advancing the theoretical
understanding of the relationship between law and aging —
understanding that can help policymakers identify and prioritize
goals, and evaluate potential interventions. This Article aims to
provide a framework for this work by distilling the core theoretical
questions at the intersection of law and aging. It also challenges
common assumptions that could pose a barrier to developing a more
robust theory of law and aging. Specifically, it argues that scholarship
in this area will be most fruitful if it recognizes that the study and
practice of “elder law” are intertwined but not a single unified
field, that “preferential” treatment of older adults can be a form of
discrimination, and that old age is not a universal human experience.