Vulnerability, subject and institutional architecture. Analysis and critique of Martha A. Fineman’s normative model

Abstract

This paper offers an updated review of the vulnerability theory developed by Martha A. Fineman. It outlines the foundational structures of her ambitious theoretical reconfiguration of the legal subject and the role of the State, anchored in two universal conditions of human existence: physical vulnerability and social dependency. This review is followed by a critical analysis. On the one hand, it highlights how her “inversion of method” allows her to sidestep the conceptual debate on vulnerability and focus instead on the articulation of structural notions such as social justice, equality, and the social contract. It also underscores the potential normative yield of her proposal in addressing current global challenges. On the other hand, it draws attention to certain open fronts in her project, particularly regarding its universalist aspiration, the limited engagement with related critical developments on agency and autonomy, the strategic difficulties in embedding her thesis within contemporary socio-political frameworks, and the risk that —in seeking to respond to urgent normative demands— it may offer a platform susceptible to justifying anti-democratic or perfectionist policies. Finally, the paper concludes with a reflection on the scope, limitations, and possible uses of the theory in concrete legal and institutional settings.