From Autonomy to Empathy (Redefining Legal Subjectivity through Vulnerability Theory and Empathetic Institution)

by Dr. Helena Moradi

Two small piglets stand on a grassy area with sunflowers that contextualize how small the piglets are. The piglets stand shoulder to shoulder and they turn their heads towards each other, their cheeks touching.
Image via Pixabay

The concept of individual autonomy, central to modern legal and social frameworks since the Enlightenment, emphasizes personal liberty and minimal state interference. This mythical ideal, however, obscures a profound truth about human existence: our inherent vulnerabilities and dependencies. Recognizing this, Vulnerability Theory offers an alternative by emphasizing these vulnerabilities and the essential role of institutional structures and relationships throughout life.

In my chapter, “Empathy as Necessity: Challenging the Myth of Individual Autonomy through Vulnerability Theory,” I examine these often-ignored dimensions of human existence. This work, which is part of an upcoming volume on the philosophical history of empathy to be published by Routledge, aims to broaden our understanding of empathy’s vital role in society. This forthcoming book seeks to be a valuable resource, illuminating how empathy shapes human interactions and catalyzes social change.

Consider the perspectives of key philosophers: Locke emphasized individual rights and autonomy but neglected the dynamic of dependency that shapes our lives, and the need for state action. Hobbes’ depicted human nature as inherently solitary and brutish, justifying the need for a powerful sovereign, yet overlooked the essential role of empathy as a foundational principle. Even Rousseau, with his concept of the general will failed to address the structural inequalities and power dynamics.

Traditional notions of legal subjectivity prioritize the autonomous, rational individual, ignoring the varied stages of human life and dependencies. This perspective calls for redefining legal subjectivity to include empathy as a guiding principle. It critiques neoliberalism, which exacerbates social inequalities by emphasizing market-driven policies and individual responsibility. To address these issues, Vulnerability Theory emerges as a framework advocating for a responsive state in enhancing social welfare and equity, while still acknowledging the susceptibility of institutions to capture and resource depletion.

Vulnerability Theory asserts that human vulnerability is a universal and enduring aspect of life, necessitating a shift from autonomy to an understanding of social embeddedness. Policies should recognize the needs of all, promoting social justice and equity. The practical implications of this theory emphasize the creation of empathetic institutions. A responsive state must not only mitigate immediate risks but also address systemic causes of vulnerability through proactive policies, ensuring strong social infrastructures in healthcare, education, and housing.

Empathy, more than a mere emotion, is crucial for just social institutions. By embedding empathy into legal and social systems, we can better address shared vulnerabilities and promote social well-being. Recognizing and addressing human vulnerability is essential for creating a responsive, equitable, and humane society, rethinking social policy, and re-envisioning the state’s role in ensuring necessary resources and care.

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