Unspoken and unthinkable: The older disabled body in judicial discourse

Abstract

While much has been said about gendered bodies in legal discourse, as yet relatively little has been written about older bodies. This is surprising given the fact older people are statistically far more likely to be the subjects of certain areas of law which constrain and regulate bodily autonomy, such as mental health and capacity law. This paper uses discourse analysis to understand the way in which older disabled bodies appear in judicial discourse. It is argued that these bodies are often understood as abject, which in turn is used to legitimize certain problematic legal interventions.