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Kittay, Eva. At the Margins of Moral Personhood
2005, Ethics 116 (1):100-131.
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Added by: Carl Fox, Chris Howard
Summary: Considers the particular case of CSMR individuals in detail and makes a strong case for incorporating relational elements into an account of moral personhood.

Comment: Best used as a specialised or further reading addressing the topics of moral personhood and justice. This paper is sure to generate and discussion and debate, particularly when paired Jeff McMahan's work on the topic, to which the paper is responsive (see in particular McMahan, "Cognitive Disability, Misfortune, and Justice"). Some of Kittay's arguments rely on somewhat fine metaphysical distinctions, so some background in philosophy would be useful, but the distinctions aren't so fine that any additional reading would be required -- in-class discussion of the nature of the relevant distinctions should suffice.

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Kittay, Eva Feder. When Caring Is Just and Justice is Caring: Justice and Mental Retardation
2001, Public Culture 13(3): 557-580
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Added by: Jamie Robertson
Summary: In this paper, Kittay advances a conception of justice that 'begins with an acknowledgement of dependency and seeks to organise society so that our well-being is not inversely related to our need for care or to care' (576). Her motivation for advancing this view is that ideals of citizenship in liberal society, including independence and productivity, perpetuate the victimisation, social exclusion, or stigmatisation of people with mental retardation and their carers. This is because liberal definitions of personhood do not provide resources for responding in a morally adequate way to the mutual dependence of people with mental retardation and their carers/advocates. People with mental retardation are inescapably dependent because of their central need for attentive care. And, carers' work is so deeply other-directed that they also do not fit the liberal model of the rationally self-interested actor. Thus, both carers and their charges are vulnerable and need to be advocated for so that they can be seen as having important entitlements to public resources and claims to justice. To this end, Kittay proposes a conception of personhood that is based on relationships. Although those with mental retardation are inherently dependent, they still count as persons because they are able to participate in relationships. This makes them entitled to the satisfactions that make life worth living. To achieve the twin goal of achieving justice for familial or paid carers, Kittay advances a new principle of justice, doulia, which calls for larger society to support those who care for the inexorably dependent. Kittay takes her relational conception of personhood and her principle of doulia to ensure that appropriate forms of social organization exist to support all those who become dependent. She claims her view is needed because principles of charity and beneficence are not adequate since they are consistent with the continued stigmatization of mental retardation and care work, and ground only low-priority social obligations.

Comment: This paper, with it's helpful discussions of the elements of the liberal tradition with which Kittay specifically takes issue and the inadequacies of the Americans with Disabilities Act, would be an appropriate reading for courses about the philosophy of disability or about liberal political theory.

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