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Added by: Simon Fokt, Contributed by: Alan Walter JurgensAbstract:
Autism has typically been framed as inherently harmful and at odds with both subjective happiness and objective flourishing. In recent decades, however, the view of autism as inherently harmful has been challenged by neurodiversity proponents, who draw on social and relational models of disability to reframe the harm autistic people face as arising out of the interaction between being autistic and disabling environments. Here we build on the neurodiversity perspective by arguing that autistic thriving has been rendered both invisible and unthinkable by interlocking forms of testimonial and hermeneutical injustice. On the view we propose, rather than autism being at odds with the possibility of living a good life as such, We argue that our mainstream conceptions of the good life have excluded autistic manifestations of happiness and flourishing. This leads to an epistemic catch-22-like paradoxical situation whereby one can be recognised as autistic or as thriving, but not both. We then propose four ameliorative strategies that support moving towards broader conceptions of the good human life which will allow us to recognise not just autistic, but also other neurodivergent ways, of living a good human life.
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.
Wiesler, Christine. Epistemic Oppression and Ableism in Bioethics2020, Hypatia. 35: 714–732.-
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Added by: Chris Blake-TurnerAbstract:
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.Comment (from this Blueprint): Wieseler draws on resources developed by feminists and disability theorists to critique the practice of philosophical bioethics (bioethics done by philosophers). In particular, she argues that philosophical bioethics involves and perpetuates ableism. Among its many problems, this ableism is epistemically fraught. It interferes with disabled people’s ability to participate in various kinds of knowledge production. Wieseler uses a lot of technical terms—like epistemic exploitation, epistemic imperialism, and willful hermeneutical ignorance—but she explains everything clearly and the payoff is worthwhile. Wieseler uses these concepts to develop a powerful and thought-provoking critique of bioethical practice with respect to disability. The concepts are also useful in broader contexts, as we’ll see in section 3.
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.
Albin, Einat. Universalising the Right to Work of Persons with Disabilities: An Equality and Dignity Based Approach2015, In Virginia Mantavalou (ed.), The Right to Work: Legal and Philosophical Perspectives. Bloomsbury-
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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.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.
Greene, Amanda. Making a Living: The Human Right to Livelihood2019, In Jahel Queralt and Bas van der Vossen (eds.), Economic Liberties and Human Rights. Routledge.-
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Added by: Deryn Mair ThomasAbstract:
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.Comment (from this Blueprint): Greene's perspective, although not the same as Penner's, does share some important features, and as a result, she presents an argument for a right to livelihood which can help push students into another set of questions related to this weeks topic. These ask whether having agency over one's material resources and the manner of their acquisition is so important as to be essential, and consequently, whether that can be considered a right. One could also use this text to challenge the dominant rights narrative - perhaps a having a livelihood is essential, but not the sort of good that can be protected by rights. In that case, one could use the text to explore what other ways this important human capability might be protected, and by whom.
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.
Chong-Ming Lim. Reviewing resistances to reconceptualizing disability2017, Proceedings of the Aristotelian Society 117(3), 321-331-
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Added by: Björn Freter
Abstract: I attempt to adjudicate the disagreement between those who seek to reconceptualize disability as mere difference and their opponents. I do so by reviewing a central conviction motivating the resistance, concerning the relationship between disability and well-being. I argue that the conviction depends on further considerations about the costs and extent of change involved in accommodating individuals with a particular disability trait. I conclude by considering three pay-offs of this clarification.
Comment: Requires prior knowledge of two conceptions of the relationship between disability and well-being (as a bad difference or as a neutral difference) .
Chong-Ming Lim. Disabilities Are Also Legitimately Medically Interesting Constraints on Legitimate Interests2018, Mind 127(508), 977-1002-
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, Contributed by: Björn Freter
Abstract: What is it for something to be a disability? Elizabeth Barnes, focusing on physical disabilities, argues that disability is a social category. It depends on the rules undergirding the judgements of the disability rights movement. Barnes’ account may strike many as implausible. I articulate the unease, in the form of three worries about Barnes’ account. It does not fully explain why the disability rights movement is constituted in such a way that it only picks out paradigmatic disability traits, nor why only the traits identified by the movement as constituting experiences of social and political constraint count as disability. It also leaves out the contribution of people other than disability activists, to the definition of disability. I develop Barnes’ account. On my account, a person is disabled if she is in some state which is constitutive of some constraint on her legitimate interests. This state must be the subject of legitimate medical interest and be picked out by the disability rights movement as among the traits for which they are seeking to promote progress and change. My account addresses the worries about Barnes’ account. It is also able to include all disabilities, rather than only physical ones.Comment: Requires basic knowledge of discussions in social metaphysics in general, and Elizabeth Barnes' discussions of disability in particular.
Chong-Ming Lim. An Incomplete Inclusion of Non-cooperators into a Rawlsian Theory of Justice2016, Res Philosophica 93(4), 893-920-
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Added by: Björn FreterAbstract:
John Rawls’s use of the “fully cooperating assumption” has been criticized for hindering attempts to address the needs of disabled individuals, or non-cooperators. In response, philosophers sympathetic to Rawls’s project have extended his theory. I assess one such extension by Cynthia Stark, that proposes dropping Rawls’s assumption in the constitutional stage (of his four-stage sequence), and address the needs of non-cooperators via the social minimum. I defend Stark’s proposal against criticisms by Sophia Wong, Christie Hartley, and Elizabeth Edenberg and Marilyn Friedman. Nevertheless, I argue that Stark’s proposal is crucially incomplete. Her formulation of the social minimum lacks accompanying criteria with which the adequacy of the provisions for non-cooperators may be assessed. Despite initial appearances, Stark’s proposal does not fully address the needs of non-cooperators. I conclude by considering two payoffs of identifying this lack of criteria.Comment: Requires knowledge of Rawls' theory of justice and criticisms made against it by philosophers of disability. Best accompanied by essays by the latter.
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Chapman, Robert, Carel, Havi. Neurodiversity, epistemic injustice, and the good human life
2022, Journal of Social Philosophy
Comment: Provides an overview of epistemic injustice faced by neurodivergent individuals both in their daily lives, but also in research done on neurodiversity. Also discusses issues with the medical model of medical and psychiatric diagnoses.