Disabled people face obstacles to participation in epistemic communities that would be beneficial for making sense of our experiences and are susceptible to epistemic oppression. Knowledge and skills grounded in disabled people’s experiences are treated as unintelligible within an ableist hermeneutic, specifically, the dominant conception of disability as lack. My discussion will focus on a few types of epistemic oppression—willful hermeneutical ignorance, epistemic exploitation, and epistemic imperialism—as they manifest in some bioethicists’ claims about and interactions with disabled people. One of the problems with the epistemic phenomena with which I am concerned is that they direct our skepticism regarding claims and justifications in the wrong direction. When we ought to be asking dominantly situated epistemic agents to justify their knowledge claims, our attention is instead directed toward skepticism regarding the accounts of marginally situated agents who are actually in a better position to know. I conclude by discussing disabled knowers’ responses to epistemic oppression, including articulating the epistemic harm they have undergone as well as ways of creating resistant ways of knowing.
“Life Comes from it”: Navajo Justice Concepts
This paper offers a comparison between Navajo conceptions of law and justice based on the community’s experiences to those of Anglo-european law and justice.
What’s Normative Got to Do with It?: Toward Indigenous Queer Relationality
This article considers the queer problem of Indigenous studies that exists in the disjunctures and disconnections that emerge when queer studies, Indigenous studies, and Indigenous feminisms are brought into conversation. Reflecting on what the material and grounded body of indigeneity could mean in the context of settler colonialism, where Indigenous women and queers are disappeared into nowhere, and in light of Indigenous insistence on land as normative, where Indigenous bodies reemerge as first and foremost political orders, this article offers queer Indigenous relationality as an additive to Indigenous feminisms. What if, this article asks, queer indigeneity were centered as an analytic method that refuses normativity even as it imagines, through relationality, a possibility for the materiality of decolonization?
Understanding Tribal Sovereignty: Definitions, Conceptualizations, and Interpretations
Forty years have passed since the Midcontinent American Studies Journal published its landmark special issue, “The Indian Today.” Since that publication, the landscape of Indian country has changed dramatically. This change has come primarily from an amazing cultural resurgence among Native Peoples in the United States — a resurgence that has manifested itself in everything from the Red Power movement to the birth of American Indian studies in the academy; to the renaissance of contemporary Native art, literature, and film; to the creation of tribal colleges, museums, and cultural centers; to the unprecedented rise in economic development; to notable gains in power in political and legal arenas.
Working Together: Crossing Color Lines at Work
Amidst signs of declining social capital, the typical workplace is a hotbed of sociability and cooperation. And in a still-segregated society, the workplace is where adults are most likely to interact across color lines. The convergence of close interaction and some racial diversity makes the workplace a crucial institution within a diverse democratic society. Paradoxically, the involuntariness of workplace associations—the compulsion of economic necessity, of managerial authority, and of law—helps to facilitate constructive interaction among diverse co-workers. Where racial diversity is a fact of organizational life (and the law can help to make it so), then employers and workers have their own powerful reasons—psychological and economic—to make those relationships constructive, even amicable. I contend here that it is where we are compelled to get along, and not where we choose to do so, that we can best advance the project of racial integration.
Justice, Work, and the Ghetto Poor
In view of the explanatory significance of joblessness, some social scientists, policymakers, and commentators have advocated strong measures to ensure that the ghetto poor work, including mandating work as a condition of receiving welfare benefits. Indeed, across the ideological political spectrum, work is often seen as a moral or civic duty and as a necessary basis for personal dignity. And this normative stance is now instantiated in federal and state law, from the tax scheme to public benefits. This Article reflects critically on this new regime of work. I ask whether the normative principles to which its advocates typically appeal actually justify the regime. I conclude that the case for a pro tanto moral or civic duty to work is not as strong as many believe and that there are reasonable responses to joblessness that do not involve instituting a work regime. However, even if we grant that there is a duty to work, I maintain that the ghetto poor would not be wronging their fellow citizens were they to choose not to work and to rely on public funds for material support. In fact, I argue that many among the black urban poor have good reasons to refuse to work. Throughout, I emphasize what too few advocates of the new work regime do, namely, that whether work is an obligation depends crucially on whether background social conditions within the polity are just.
Promoting Gender Equity Through a Basic Income
Basic Income: An Anthology of Contemporary Research presents a compilation of six decades of Basic Income literature. It includes the most influential empirical research and theoretical arguments on all aspects of the Basic Income proposal.
Universalising the Right to Work of Persons with Disabilities: An Equality and Dignity Based Approach
Rarely do labour law theories draw on disability studies. However, with the growing acceptance that both disability and labour are human rights issues that are concerned with dignity and equality, and that both fields of study tempt to address the social context of disadvantage, an opportunity emerges to bring the two discourses together. In this chapter, I take advantage of this opportunity to discuss the right to work. The interest lies in the new and crucially important direction that Article 27 of the Convention on the Rights of Persons with Disabilities (hereafter the CRPD or the Convention) has taken. Article 27, the latest international human rights instrument that has been adopted regarding the right to work, offers what I consider to be an innovative and welcome approach towards this right, while addressing some of the main concerns that were raised in the literature regarding the right to work as adopted in other international human rights documents and implemented in practice.
Making a Living: The Human Right to Livelihood
In this chapter I argue that we have a human right to livelihood. Although some economic rights have been defended under a human rights framework, such as freedom of occupation and the right to an adequate standard of living, the right to livelihood requires a separate defense. We have a livelihood when we are able to exercise some control over how we generate income and accumulate wealth. I argue that this control is good in itself, and that it leads to two further goods, social contribution esteem and a sense of self-provision. Beyond its being a right per se, having a livelihood also fulfills Joseph Raz’s conditions for being a constitutional right, insofar as it is a right that can be fairly and effectively protected through legal mechanisms, and for being a human right, insofar as it a right that can be suitably enforced through a system of international law.
Meaningful Work
This book examines the importance of work in human well-being, addressing several related philosophical questions about work and arguing on the whole that meaningful work is central in human flourishing. Work impacts flourishing not only in developing and exercising human capabilities but also in instilling and reflecting virtues such as honor, pride, dignity, self-discipline, and self-respect. Work also attaches to a sense of purposefulness and personal identity, and meaningful work can promote both personal autonomy and a sense of personal satisfaction that issues from making oneself useful. Further still, work bears a formative influence on character and intelligence and provides a primary avenue for exercising complex skills and garnering esteem and recognition from others. The author defends a pluralistic account of meaningful work, identifying four primary dimension of meaningful work: (1) developing or exercising the worker’s capabilities, especially insofar as this expression meets with recognition and esteem; (2) supporting virtues; (3) providing a purpose, and especially producing something of enduring value; and (4) integrating elements of a worker’s life. In light of the impact that work has on flourishing, the author argues that well-ordered societies provide opportunities for meaningful work and that the philosophical view of value pluralism, which casts work as having no special significance in an individual’s life, is false. The book also addresses oppressive work that undermines human flourishing, examining potential solutions to minimize the impact of bad work on those who perform it.