A Multidimensional Reinterpretation of the Concept of the Rights of the Elderly:

——A Jurisprudential Reflection on the Definition of Age Division

LIU Yuan*

Abstract: The concept of the elderly defined by age division and their rights argument have fallen into a theoretical predicament due to limited interpretative power and the suspicion of bias. This dilemma can be resolved through a holistic understanding of age. As a cognitive tool for human lifespan, age encompasses three meanings: duration of time, sequence of time, and dynamism of time. A holistic understanding of age allows us to reinterpret the image of the elderly as subjects and their claims to rights. In terms of subjectivity, the elderly represent the temporal characteristics of human individuals pursuing lifelong development in the dynamic life course of aging. Their proactive and active subject status is demonstrated through autonomous life planning, participation in social cooperation, and promotion of social development. Based on this subject construction, the content of elderly rights can be elaborated into a three-tiered structure from the inside out: the right to lifelong development under autonomous life planning, the right to equal implementation of life planning, and the right to receive assistance in cases of planning failure.

Keywords: age · rule of law for the elderly · rights of the elderly · active aging · life course