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.Kuhse, Hoyt, Singer, Peter. Should the Baby Live? The Problem of Handicapped Infants1985, Oxford University Press.-
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Added by: Clotilde Torregrossa, Contributed by: Simon Fokt
Publisher's Note: Few subjects have generated so many newspaper headlines and such heated controversy as the treatment, or non-treatment, of handicapped newborns. In 1982, the case of Baby Doe, a child born with Down's syndrome, stirred up a national debate in the United States, while in Britain a year earlier, Dr. Leonard Arthur stood trial for his decision to allow a baby with Down's syndrome to die. Government intervention and these recent legal battles accentuate the need for a reassessment of the complex issues involved. This volume--by two authorities on medical ethics--presents a philosophical analysis of the subject based on particular case studies. Addressing the doctrine of the absolute sanctity of life, Singer and Kuhse examine some actual cases where decisions have been reached; consider the criteria for making these decisions; investigate the differences between killing and letting die; compare Western attitudes and practices with those of other cultures; and conclude by proposing a decision-making framework that offers a rational alternative to the polemics and confusion generated by this highly controversial topic.Mackenzie, Catriona, Jackie Leach Scully. Moral imagination, disability and embodiment2007, Journal of Applied Philosophy 24(4), pp. 335-351-
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Added by: Maria Jimena Clavel VazquezAbstract:
In this paper we question the basis on which judgements are made about the ‘quality’ of the lives of people whose embodied experience is anomalous, specifically in cases of impairments. In moral and political philosophy it is often assumed that, suitably informed, we can overcome epistemic gaps through the exercise of moral imagination: ‘putting ourselves in the place of others’, we can share their points of view. Drawing on phenomenology and theories of embodied cognition, and on empirical studies, we suggest that there are barriers to imagining oneself differently situated, or imagining being another person, arising in part from the way imagination is constrained by embodied experience. We argue that the role of imagination in moral engagement with others is to expand the scope of our sympathies rather than to enable us to put ourselves in the other's place. We argue for explicit acknowledgement that our assessments of others’ QOL are likely to be shaped by the specifics of our own embodiment, and by the assumptions we make as a consequence about what is necessary for a good quality of life.Comment : available in this BlueprintNussbaum, Martha. Frontiers of Justice: Disability, Nationality, Species Membership2006, Cambridge, MA: Harvard University Press.-
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Added by: Simon FoktPublisher’s Note:
Publisher: Theories of social justice are necessarily abstract, reaching beyond the particular and the immediate to the general and the timeless. Yet such theories, addressing the world and its problems, must respond to the real and changing dilemmas of the day. A brilliant work of practical philosophy, Frontiers of Justice is dedicated to this proposition. Taking up three urgent problems of social justice neglected by current theories and thus harder to tackle in practical terms and everyday life, Martha Nussbaum seeks a theory of social justice that can guide us to a richer, more responsive approach to social cooperation. The idea of the social contract--especially as developed in the work of John Rawls--is one of the most powerful approaches to social justice in the Western tradition. But as Nussbaum demonstrates, even Rawls's theory, suggesting a contract for mutual advantage among approximate equals, cannot address questions of social justice posed by unequal parties. How, for instance, can we extend the equal rights of citizenship--education, health care, political rights and liberties--to those with physical and mental disabilities? How can we extend justice and dignified life conditions to all citizens of the world? And how, finally, can we bring our treatment of nonhuman animals into our notions of social justice? Exploring the limitations of the social contract in these three areas, Nussbaum devises an alternative theory based on the idea of capabilities. She helps us to think more clearly about the purposes of political cooperation and the nature of political principles--and to look to a future of greater justice for all.Comment : This excellent book is valuable in teaching for two main reasons: (1) it extends and expands on the application of the capability approach to non-human animals, the disabled and the global poor; and (2) it offers a valuable critique of Rawls' theory of justice.Silvers, Anita. From the Crooked Timber of Humanity, Beautiful Things Can Be Made2000, in: Brand, Peg Zeglin (ed.), Beauty Matters, Bloomington: Indiana University Press, pp. 197-221.-
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Added by: Hans Maes
Summary: Starting from our appreciation of cubist portraits, asks why it to commonplace for us to contemplate distorted depictions of faces with eagerness and enjoyment but to be repelled by real people whose physiognomies resemble the depicted ones. Argues that the aesthetic process that permits our attraction to portrayed human anomalies can be expanded so as to offset the devalued social positioning of real people whose physiognomic features are anomalous. Presenting an anomaly as originality rather than deviance is crucial.Comment : Useful in discussing portraiture and depiction, beauty, as well as the links between aesthetics and ethics.Artworks to use with this text:
Pablo Picasso, Maya with a Doll (1938)
Cubist portrait of a child. Silvers interestingly compares this to a photo of a child with osteogenesis imperfecta. Useful in discussing portraiture and depiction, beauty, as well as the links between aesthetics and ethics.
Artworks to use with this text:
Pablo Picasso, Maya with a Doll (1938)
Cubist portrait of a child. Silvers interestingly compares this to a photo of a child with osteogenesis imperfecta.
Silvers, Anita. From the Crooked Timber of Humanity, Beautiful Things Should Be Made!2011, APA Newsletter, 10(2): 1-5.-
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Added by: Hans Maes, Contributed by: Christy Mag Uidhir
Summary: Follow-up essay on her 'From the Crooked Timber of Humanity, Beautiful Things Can Be Made' (note the one-word difference in the title). Adds the idea that medical professionals have at least a mild duty to cultivate aesthetic judgment of individuals with biological differences. Also makes the case that beauty is not the same thing as attractiveness or normalcy.Comment : Useful in discussing portraiture and depiction, beauty, as well as the links between aesthetics and ethics.Artworks to use with this text:
Riva Lehrer, Susan Nussbaum (1998)
This portrait of disability activist Nussbaum invokes Picasso's famous portrait of Gertrude Stein (1906). It is discussed in Garland-Thomson. Useful in discussing portraiture and depiction, beauty, as well as the links between aesthetics and ethics.
Artworks to use with this text:
Riva Lehrer, Susan Nussbaum (1998)
This portrait of disability activist Nussbaum invokes Picasso's famous portrait of Gertrude Stein (1906). It is discussed in Garland-Thomson.
Stark, Cynthia A.. How to Include the Severly Disabled in a Contractarian Theory of Justice2007, Journal of Political Philosophy 15 (2): 127-145.-
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Added by: Carl Fox
Content: Modifies and then defends a Rawlsian theory of justice from the charge that it cannot adequately account for the claims of severely disabled individuals who cannot participate fully in schemes of cooperation.Comment : Best suited as specialised or further reading on disability and Rawlsian theories of justice.Stramondo, Joseph A.. Tragic Choices: Disability, Triage, and Equity Amidst a Global Pandemic2021, The Journal of Philosophy of Disability. 1: 201–210.-
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Added by: Chris Blake-TurnerAbstract:
In this paper, I make three arguments regarding Crisis Standards of Care developed during the COVID-19 pandemic. First, I argue against the consideration of third person quality of life judgments that deprioritize disabled or chronically ill people on a basis other than their survival, even if protocols use the language of health to justify maintaining the supposedly higher well-being of non-disabled people. Second, while it may be unavoidable that some disabled people are deprioritized by triage protocols that must consider the likelihood that someone will survive intensive treatment, Crisis Standards of Care should not consider the amount or duration of treatment someone may need to survive. Finally, I argue that, rather than parsing who should be denied treatment to maximize lives saved, professional bioethicists should have put our energy into reducing the need for such choices at all by resisting the systemic injustices that drive the need for triage.Comment (from this Blueprint): Stramondo critiques triage protocols that were put into place, or at least proposed, during the COVID-19 pandemic. Stramondo argues that protocols that prioritize quality of life involve ableist commitments. While chance-of-survival protocols might do better here, he argues that they are also vulnerable to creeping ableism. Stramondo’s paper is valuable not only for its perspective on triage protocols, but also for highlighting some crucial theoretical contributions by philosophers of disability and by bioethicists. Stramondo also argues not to cede too much ground to fatalism in thinking about triage protocols; bioethicists should also, and perhaps primarily, resist the framing of triage as inevitable, rather than a product of various privileged interests.Taylor, Sunaura. Beasts of Burden: Animal and Disability Liberation2017, The New Press.-
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Added by: Chris Blake-TurnerPublisher’s Note:
How much of what we understand of ourselves as “human” depends on our physical and mental abilities—how we move (or cannot move) in and interact with the world? And how much of our definition of “human” depends on its difference from “animal”? Drawing on her own experiences as a disabled person, a disability activist, and an animal advocate, author Sunaura Taylor persuades us to think deeply, and sometimes uncomfortably, about what divides the human from the animal, the disabled from the nondisabled—and what it might mean to break down those divisions, to claim the animal and the vulnerable in ourselves, in a process she calls “cripping animal ethics.” Beasts of Burden suggests that issues of disability and animal justice—which have heretofore primarily been presented in opposition—are in fact deeply entangled. Fusing philosophy, memoir, science, and the radical truths these disciplines can bring—whether about factory farming, disability oppression, or our assumptions of human superiority over animals—Taylor draws attention to new worlds of experience and empathy that can open up important avenues of solidarity across species and ability. Beasts of Burden is a wonderfully engaging and elegantly written work, both philosophical and personal, by a brilliant new voice.Comment (from this Blueprint): In this excerpt from her book, Beasts of Burden, Taylor resists the way that animals and intellectual disabled people are often framed in terms of one another. She argues that this does a disservice to both groups. Animals are not voiceless, as they are often constructed. And their comparison to disabled people in the (in)famous argument from marginal cases should not be accepted. Perhaps most importantly, the argument opens for discussion the worth of disabled people’s lives. But this is not something that should be open for discussion, especially given the marginalization of disabled people.Tremain, Shelley. Reproductive freedom, self-regulation, and the government of impairment in utero2006, Hypatia 21(1): 35-53.-
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Added by: Simon Fokt
Abstract: This article critically examines the constitution of impairment in prenatal testing and screening practices and various discourses that surround these technologies. While technologies to test and screen (for impairment) prenatally are claimed to enhance women's capacity to be self-determining, make informed reproductive choices, and, in effect, wrest control of their bodies from a patriarchal medical establishment, I contend that this emerging relation between pregnant women and reproductive technologies is a new strategy of a form of power that began to emerge in the late eighteenth century. Indeed, my argument is that the constitution of prenatal impairment, by and through these practices and procedures, is a widening form of modern government that increasingly limits the field of possible conduct in response to pregnancy. Hence, the government of impairment in utero is inextricably intertwined with the government of the maternal body.Comment : Most useful in teaching on ethical issues at the beginning of life. It can be also used in teaching on the ethics of autonomy, freedom of choice, and feminism in general.Can’t find it?Contribute the texts you think should be here and we’ll add them soon!
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