Book Review: Elders on Trial: Age and Ageism in the American Legal System
Susan Haire, Department of Political Science, University of Georgia, reviews
ELDERS ON TRIAL: AGE AND AGEISM IN THE AMERICAN LEGAL SYSTEM, by Howard Eglit. Gainesville, FL: University Press of Florida, 2004. 336pp. Cloth. $49.95. ISBN: 0-8130-2765-9:
In 1900, approximately four percent of the U.S. population was over 65. By 2030, it is expected that 21 percent of the population will fall into this age group. In ELDERS ON TRIAL: AGE AND AGEISM IN THE AMERICAN LEGAL SYSTEM, Howard Eglit explores the effects of this dramatic demographic shift on the legal system. This account draws on existing empirical studies, rather than presenting original research, to explore the sources of ageism among judges, jurors, and litigants, and to evaluate how (or whether) the age of a legal actor affects performance.
In the initial chapters, Eglit describes the nature of ageism in American society. As he notes, Americans are ambivalent about aging, holding images of the older population that vary from selfless, wise statesman to the physically and mentally “slow.” Eglit concludes that it would be more appropriate to label ageism as a bias (rather than a prejudice) and therefore defines it as a “skewing of attitudes and actions that typically (but not always) either works to the detriment of the subjects of those attitudes and actions or makes problematic ‘accurate’ treatment of oldsters, that is treatment that accords with objective, as opposed to subjective reality” (p.24).
Although age may be a legitimate criterion for dispensing certain privileges and identifying responsibilities, age bias arises when inaccurate stereotypes concerning the older population guide decisions. Seeking to understand the sources of bias, Eglit outlines varying approaches and findings from multiple disciplines. Tracing changes in attitudes toward the elderly over time, Eglit uses historical studies to note distinct trends that coincide with other political and social events in the 18th and 19th centuries. He also discusses a rationale advanced by scholars drawing on the belief that productivity declines with age. These negative (and generally inaccurate) stereotypes contribute to age-based employment discrimination. Although the Age Discrimination in Employment Act (ADEA) provides an avenue for pursuing a remedy to unlawful age discrimination, as Eglit notes, its use has been limited and perceptions of age-related declines in job performance linger in the workplace. Moreover, older workers are often resented by their co-workers for benefits associated with seniority.
Howard Eglit is Professor of Law at Illinois Institute of Technology, Chicago-Kent College of Law.