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Added by: Deryn Mair ThomasAbstract:
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.Anderson, Elizabeth. What is the Point of Equality?1999, Ethics 109(2): 287-337.-
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Added by: Carl Fox
Introduction: If much recent academic work defending equality had been secretly penned by conservatives, could the results be any more embarrassing for egalitarians? Consider how much of this work leaves itself open to classic and devastating conservative criticisms. Ronald Dworkin defines equality as an "envy-free" distribution of resources.' This feeds the suspicion that the motive behind egalitarian policies is mere envy. Philippe Van Parijs argues that equality in conjunction with liberal neutrality among conceptions of the good requires the state to support lazy, able-bodied surfers who are unwilling to work. This invites the charge that egalitarians support irresponsibility and encourage the slothful to be parasitic on the productive. Richard Arneson claims that equality requires that, under certain conditions, the state subsidize extremely costly religious ceremonies that its citizens feel bound to perform. G. A. Cohen tells us that equality requires that we compensate people for being temperamentally gloomy, or for being so incurably bored by inexpensive hobbies that they can only get fulfilling recreation from expensive diversions. These proposals bolster the objection that egalitarians are oblivious to the proper limits of state power and permit coercion of others for merely private ends. Van Parijs suggests that to fairly implement the equal right to get married, when male partners are scarce, every woman should be given an equal tradable share in the pool of eligible bachelors and have to bid for whole partnership rights, thus implementing a transfer of wealth from successful brides to compensate the losers in love. This supports the objection that egalitarianism, in its determination to correct perceived unfairness everywhere, invades our privacy and burdens the personal ties of love and affection that lie at the core of family life.Comment: This article asks the question: 'What is the point of equality?'. It provides a really clear diagnosis of some of the problems facing luck egalitarianism and goes on to articulate a particular version of the capability approach. Anderson argues that individuals are entitled to whatever they need to escape or overcome oppressive social relationships and to the capabilities necessary to participate as an equal citizen in a democratic state.
Anderson, Elizabeth. Justifying the Capabilities Approach to Justice2010, in Brighouse, H. & Robeyns, I. (Eds.) Measuring Justice: Primary Goods and Capabilities. Cambridge: Cambridge University Press. 81-100.-
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Added by: Carl Fox
Summary: Thomas Pogge (2002a) has recently criticized the capabilities approach to justice, questioning its ability to specify a plausible criterion of distributive justice that avoids stigmatizing the naturally less well-endowed. In this essay, I defend the capabilities approach against Pogge's critique, and explain why it is superior to its main rivals, subjective and resourcist approaches. A capability metric is superior to any subjective metric because only an objective metric, such as capability, can satisfy the demand for a public criterion of justice for the basic structure of society. It is superior to a resource metric because it focuses on ends rather than means, can better handle discrimination against the disabled, is properly sensitive to individual variations in functioning that have democratic import, and is well-suited to guide the just delivery of public services, especially in health and education.
Comment: A defense of the capability approach as a superior (objective) metric of justice with a particular focus on ends vs. means, discrimination against the disabled, individual variations in functioning, and the delivery of public services such as health and education. Contains a useful overview of the capabilities approach and where it fits into a complete theory of justice. Compares and contrasts the CA with a resourcist approach.
Barnes, Elizabeth. Valuing Disability, Causing Disability2014, Ethics, 125 (1): 88-113.-
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Added by: Rochelle DuFord
Abstract: Disability rights activists often claim that disability is not - by itself - something that makes disabled people worse off. A popular objection to such a view of disability is this: were it correct, it would make it permissible to cause disability and impermissible to cause nondisability (or impermissible to 'cure' disability, to use the value-laden term). The aim of this article is to show that these twin objections don't succeed.Comment: This text intervenes in the debate over whether disability, itself, makes someone worse off (the mere-disability/bad-disability debate). It could serve as a clear introduction to the sorts of arguments that support the view that disability is a bad-making feature of someone's life, and contains easily understood counter-examples to that view. It has a place in a course covering disability, impairment, bioethics, autonomy, and social minorities.
Barnes, Elizabeth. Disability, Minority, and Difference2009, Journal of Applied Philosophy 26(4): 337-355.-
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Added by: Emily Paul
Abstract: In this paper I develop a characterization of disability according to which disability is in no way a sub?optimal feature. I argue, however, that this conception of disability is compatible with the idea that having a disability is, at least in a restricted sense, a harm. I then go on to argue that construing disability in this way avoids many of the common objections leveled at accounts which claim that disability is not a negative feature.Comment: Really useful in an applied ethics course or, for instance, in a metaphysics course when teaching about social ontology and social constructivism. This would be a great primary or secondary reading for the latter. If being used as a primary reading, students could simply be asked as seminar preparation to summarise Barnes' argument in their own words. I think it's really important to get a good handle on, and having this question as preparation will get students thinking about it in depth beforehand. As this is quite a substantial task, it would be fine for this to be the only set question. I really think everyone should read this paper.
Bortolotti, Lisa, John Harris. Disability, Enhancement, and the Harm-Benefit Continuum2006, In John R. Spencer & Antje Du Bois-Pedain (eds.), Freedom and Responsibility in Reproductive Choice. Hart Publishers.-
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Added by: Chris Howard
Abstract: Suppose that you are soon to be a parent and you learn that there are some simple measures that you can take to make sure that your child will be healthy. In particular, suppose that by following the doctor’s advice, you can prevent your child from having a disability, you can make your child immune from a number of dangerous diseases and you can even enhance its future intelligence. All that is required for this to happen is that you (or your partner) comply with lifestyle and dietary requirements. Do you and your partner have any moral reasons (or moral obligations) to follow the doctor’s advice? Would it make a difference if, instead of following some simple dietary requirements, you consented to genetic engineering to make sure that your child was free from disabilities, healthy and with above average intelligence? In this paper we develop a framework for dealing with these questions and we suggest some directions the answers might take.Comment: This paper is an especially good inclusion in any bioethics course that has units on both disability and enhancement, covering issues at the intersection of these topics - indeed, it could be used quite effectively as a "transition paper", bridging a unit on the former topic with a unit on the latter. The piece pairs particularly well with Michael Sandel's, "The Case Against Perfection", and should be suitably accessible to all students, requiring very little philosophical background.
Bortolotti, Lisa, John Harris. Disability, Enhancement and the Harm-Benefit Continuum2006, In John R. Spencer & Antje Du Bois-Pedain (eds.), Freedom and Responsibility in Reproductive Choice. Hart Publishers-
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Added by: Simon Fokt, Contributed by: Nils-Hennes StearAbstract:
Suppose that you are soon to be a parent and you learn that there are some simple measures that you can take to make sure that your child will be healthy. In particular, suppose that by following the doctor’s advice, you can prevent your child from having a disability, you can make your child immune from a number of dangerous diseases and you can even enhance its future intelligence. All that is required for this to happen is that you (or your partner) comply with lifestyle and dietary requirements. Do you and your partner have any moral reasons (or moral obligations) to follow the doctor’s advice? Would it make a difference if, instead of following some simple dietary requirements, you consented to genetic engineering to make sure that your child was free from disabilities, healthy and with above average intelligence? In this paper we develop a framework for dealing with these questions and we suggest some directions the answers might take.
Comment: This is a paper that gives an account of enhancement and disability in terms of one's relative position on a harmed and benefitted continuum, and defends enhancement on completely general moral grounds according to which the pro tanto duty to enhance is the same as the pro tanto duty not to disable. It pairs well with criticisms of the 'new eugenics', such as Robert Sparrow's 'A Not-So-New Eugenics' (2011) and more generally with consequentialist or specifically harm-based accounts of moral obligation.
Brand, Peg Zeglin. Beauty as Pride: A Function of Agency2011, APA Newsletter 10(2): 5-9.-
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Added by: Hans Maes
Abstract: This is basically a paper about artistic evaluation and how multiple interpretations can give rise to inconsistent and conflicting meanings. Images like Joel-Peter Witkin's First Casting for Milo (2004) challenge the viewer to look closely, understand the formal properties at work, and then extract a meaning that ultimately asks, Is the model exploited or empowered? Is Karen Duffy, pictured here, vulnerable and "enfreaked" or is she potentially subversive, transgressive, and perhaps self-empowered? I will offer an argument in agreement with artist/author/ performer Ann Millett-Gallant that favors the latter interpretation, but will augment and complicate the issue by also introducing a pointed question or two taken from a recent analysis by Cynthia Freeland on objectification. I judge the works by photographer Joel-Peter Witkin to be representations of disabled persons who are empowered through agency and pride, but I also worry about the risk of multiple, conflicting interpretations on the part of viewers who do not, or cannot, entertain such enlightened readings. Like second wave feminist views about pornography that depicted women in demeaning ways, or feminist critiques of Judy Chicago's The Dinner Party , Witkin's photos can be judged as potentially offensive. But they are also objects of beauty - both in terms of aesthetic properties (they are magnificent studies in black and white, shadows, the human body, with many classical references) and because of the feeling of beauty and pride felt by the posers, who become performers of their own beauty and pride. I argue that beauty trumps offensiveness. Pride wins. But I'm not sure that everyone will agree.Comment: Questions the ideal standard of beauty portrayed throughout the history of art, particularly in form of the female nude, and examines works of art that defiantly challenge that ideal. Argues that in certain representations of disabled persons the model is empowered and not exploited and that beauty trumps offensiveness. Pride wins.
Artworks to use with this text:
Joel-Peter Witkin, First Casting for Milo (2004)
Portrait of Irish artist Karen Duffy engaged in a silent performance of 'disarming' Venus. In her own words, she is aiming to 'liberate herself from histories of oppressive representations of women and disabled women in particular.' Questions the ideal standard of beauty portrayed throughout the history of art, particularly in form of the female nude, and examines works of art that defiantly challenge that ideal. Argues that in certain representations of disabled persons the model is empowered and not exploited and that beauty trumps offensiveness. Pride wins.
Artworks to use with this text:
Joel-Peter Witkin, First Casting for Milo (2004)
Portrait of Irish artist Karen Duffy engaged in a silent performance of 'disarming' Venus. In her own words, she is aiming to 'liberate herself from histories of oppressive representations of women and disabled women in particular.'
2016, Philosophy of Science 83(1): 60--81-
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Added by: Simon Fokt
Abstract: Social scientists report difficulties in drawing out testable predictions from the literature on intersectionality theory. We alleviate that difficulty by showing that some characteristic claims of the intersectionality literature can be interpreted causally. The formal-ism of graphical causal modeling allows claims about the causal effects of occupying intersecting identity categories to be clearly represented and submitted to empirical test-ing. After outlining this causal interpretation of intersectional theory, we address some concerns that have been expressed in the literature claiming that membership in demo-graphic categories can have causal effects.Comment: This text contains a summary of some key concepts in intersectionality theory and a discussion of how they have been used in empirical sociological research, as well as an introduction to methods of causal statistical inference. Students needing an introduction to any of these things could therefore benefit from this text. It also contains arguments about the permissibility of using demographic categories as the basis of causal claims that may be interesting matters of dispute or discussion for students of the philosophy of race.
Cahill, Ann J., Jennifer Hansen (eds.). Continental Feminism Reader2003, Rowman & Littlefield-
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Added by: Alison Stone
Publisher's Note: Ann J. Cahill and Jennifer Hansen collect the most groundbreaking recent work in Continental feminist theory, introducing and explaining pieces that are often mystifying to those outside the field and outside academia. With these essays, Continental Feminism Reader begins the process of reanimating feminist politics through the critical tools of its contributors.Comment: A collection of essays that represent a range of continental-philosophy influenced approaches within feminism, for example with selections from the work of Judith Butler and Kelly Oliver. It could be used as the basis of a course on feminist philosophy if approaching it from a continental perspective, or separate chapters could be used as some of the readings.
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Albin, Einat. Universalising the Right to Work of Persons with Disabilities: An Equality and Dignity Based Approach
2015, In Virginia Mantavalou (ed.), The Right to Work: Legal and Philosophical Perspectives. Bloomsbury
Comment (from this Blueprint): This text presents several interesting arguments regarding the right to work of persons with disabilities and its relationship with a universal right to work. It can be used, first, to engage students with literature at the intersection of critical disability theory and philosophy of work; and second, to further discuss philosophical questions concerning who should have access to good work and why.