ZusammenfassungDer Beitrag beschäftigt sich mit der Frage, ob eine Behinderung immer als Form von Leid betrachtet werden muss. Mit Hilfe einer Unterscheidung zwischen absoluten und komparativen Einschränkungen des Wohls wird aufgezeigt, dass die bloße Tatsache einer vorliegenden medizinischen Schädigung nicht hinreicht, ein Urteil über das absolute Wohl einer Person zu treffen. Es werden verschiedene Argumente geprüft, warum Behinderung dennoch generell negativ bewertet werden sollte. Diese werden zurückgewiesen. Abschließend wird eine Überlegung eingeführt, wonach gleichwohl bestimmte Formen der Behinderung als objektive Beeinträchtigungen (...) des Wohls zu gelten haben, nämlich dann, wenn basale Fähigkeiten betroffen sind. (shrink)

This article surveys recent feminist contributions to moral philosophy with an emphasis on those works which engage with debates within mainstream ethics. The article begins by examining a tension said to arise from the two criteria a theory must meet if it is to count as feminist moral theory: the women's experience requirement and the feminist conclusion requirement. Subsequent sections deal with feminist relational theories of rights, feminist work on responsibility and feminist contractarian approaches to ethics. A final section looks (...) at the application of some feminist moral theories to the problem of abortion. (shrink)

Drawing upon the practice of caregiving and the insights of feminist care ethics, I offer a phenomenology of caregiving through the work of Eva Feder Kittay and Emmanuel Lévinas. I argue that caregiving is a material dialectic of embodied response involving moments of leveling, attention, and interruption. In this light, the Levinasian opposition between responding to another's singularity and leveling it via parity-based principles is belied in the experience of care. Contra much of response ethics’ and care ethics’ respective literatures, (...) this dialectic suggests that they are complementary in ways that productively illuminate themes of each. I conclude by suggesting that when response and care ethics are thought together through the experience of caregiving, such labors produce finite responsibility with infinite hope. (shrink)

This is the introduction to the inaugural issue of The Journal of Philosophy of Disability.

British equality law protections for sex and gender reassignment have grown fraught as activists tussle over legal and social categories of gender, gender transitioning, and sex. This article considers the future of gender-related equality protections in relation to ‘decertification’—an imagined reform that would detach sex and gender from legal personhood. One criticism of decertification is that de-formalising gender membership would undermine equality law protections. This article explores how gender-based equality law could operate in conditions of decertification, drawing on legal thoughtways (...) developed for two other protected characteristics in equality law—religion and belief, and disability—to explore the legal responses and imaginaries that these two grounds make available. Religious equality law focuses on beliefs, communities, and practices, deemed to be stable, multivarious, and subject to deep personal commitment. Disability equality law focuses on embodied disadvantage, approached as social, relational, and fluctuating. While these two equality frameworks have considerable limitations, they offer legal thoughtways for gender oriented to both its hierarchies and its expression, including as disavowal. (shrink)

The importance of emotions is supported by many authors of the ethics of care in contrast to the rationalistic paradigm of justice. However, the reference to the emotions remains generic. By focusing on three paradigmatic typologies, I propose to investigate this aspect further, and distinguish between the different emotions that motivate care. I will try, first, to offer a reflection on which emotions are likely to motivate ethical action within an ethics of care; second, to survey different potential obstacles to (...) these emotions and propose how they might be overcome to more successfully achieve good care and ethical action. (shrink)

: This essay examines the possible systematic bias against the disabled in the structure and practice of genetic counseling. Finding that the profession's "nondirective" imperative remains problematic, the authors recommend that methodology developed by feminist standpoint epistemology be used to incorporate the perspective of disabled individuals in genetic counselors' education and practice, thereby reforming society's view of the disabled and preventing possible negative effects of genetic counseling on the self-concept and material circumstance of disabled individuals.

I argue that the lived experience of disabled people should be validated instead of a facile categorization. Thus far, a disabled sensibility is reduced to a categorical interpretation. Through my examination of a theoretical performance I illustrate how a disabled/able persona negates a disabled sensibility and allows an audience to experience the exotic disabled without examining their own `ableism'. Sobchack's and Clark's examinations demonstrate how both the techno-body and the cyberbody continue to devalue a disabled embodiment and sensibility. In the (...) final section of the article I explore how Deleuze's concept of `difference in itself' can free disabled people from the concepts of identity, hierarchy, representation and categorization that have been employed to devalue their embodiment and sensibility. Moreover, I believe that Deleuze's alternative theory of `difference in itself' can validate a disabled embodiment and sensibility. (shrink)

I show how much psychiatric disability is informed by trauma, marginalization, sexist norms, social inequalities, concepts of irrationality and normalcy, oppositional mind-body dualism, and mainstream moral values. Drawing on feminist discussion of physical disability, I present a feminist theory of psychiatric disability that serves to liberate not only those who are psychiatrically disabled but also the mind and moral consciousness restricted in their ranges of rational possibilities.

I show how much psychiatric disability is informed by trauma, marginalization, sexist norms, social inequalities, concepts of irrationality and normalcy, oppositional mind-body dualism, and mainstream moral values. Drawing on feminist discussion of physical disability, I present a feminist theory of psychiatric disability that serves to liberate not only those who are psychiatrically disabled but also the mind and moral consciousness restricted in their ranges of rational possibilities.

: This article examines the rise of a feminist engagement with the disability rights movement. Three realms of social being—individual, society, and the state—interact in the making of the identities of disability. The emergence of Women With Disabilities Australia (WWDA), suggests the ways women with disabilities come to identify with an autonomous women's group and the ways in which the particular forms of our activisms are produced.

In this article I wish to show how care ethics puts forward a fundamental critique on the ideal of independency in human life without thereby discounting autonomy as a moral value altogether. In care ethics, a relational account of autonomy is developed instead. Because care ethics is sometimes criticized in the literature as hopelessly vague and ambiguous, I shall begin by elaborating on how care ethics and its place in ethical theory can be understood. I shall stipulate a definition of (...) care ethics as a moral perspective or orientation from which ethical theorizing can take place. This will mean that care ethics is more a stance from which we can theorize ethically, than ready-made theory in itself. In conceiving care ethics in this way, it becomes possible to make clear that, for instance, a moral concept of autonomy is not abandoned, but instead is given a particular place and interpretation. In the final part of this article I will show how ‘relational autonomy’ can be applied fruitfully in the practice of psychiatric care. (shrink)

Bei der Bemühung um die Emanzipation von körperlich oder geistig beeinträchtigten Menschen kommt es häufig zu einer vehementen Kritik an einem "medizinischen Konzept" von Behinderung. Diesem wird aus Sicht einer "Bürgerrechtsperspektive" entgegengehalten, es gelte nicht, die Menschen zu korrigieren, sondern die Umwelt so zu verändern, dass Betroffene ungehindert am gesellschaftlichen Leben teilhaben können. Nach Auffassung der "Normalisierungskritik" sind es Stereotypen und Stigmata, die es Behinderten erschweren, ein selbstbestimmtes Leben zu führen. Beide Ansätze ignorieren oder bagatellisieren jedoch aus systematischen Gründen die (...) Art und Weise, in der Betroffene ihre physische oder psychische Schädigung subjektiv erfahren. Deshalb kann auch nicht auf die erheblichen Unterschiede reflektiert werden, die zwischen verschiedenen Formen der Behinderung bestehen. Es ist jedoch verfehlt, die Feststellung, dass Behinderte häufig in spezifischer Art bedürftig sind, mit paternalistischer Herablassung gleichzusetzen. Gerade für ein zuträgliches Verhältnis von Medizinern und Behinderten ist es wichtig, exakt jene Differenzen zu berücksichtigen, die zwischen akuten Krankheiten und verschiedenen Formen chronischer Beeinträchtigung bestehen. Nur so können Ärzte dazu veranlasst werden, von einer allzu "interventionsfreudigen" Haltung Abstand zu nehmen. (shrink)

ZusammenfassungBei der Bemühung um die Emanzipation von körperlich oder geistig beeinträchtigten Menschen kommt es häufig zu einer vehementen Kritik an einem "medizinischen Konzept" von Behinderung. Diesem wird aus Sicht einer "Bürgerrechtsperspektive" entgegengehalten, es gelte nicht, die Menschen zu korrigieren, sondern die Umwelt so zu verändern, dass Betroffene ungehindert am gesellschaftlichen Leben teilhaben können. Nach Auffassung der "Normalisierungskritik" sind es Stereotypen und Stigmata, die es Behinderten erschweren, ein selbstbestimmtes Leben zu führen. Beide Ansätze ignorieren oder bagatellisieren jedoch aus systematischen Gründen die (...) Art und Weise, in der Betroffene ihre physische oder psychische Schädigung subjektiv erfahren. Deshalb kann auch nicht auf die erheblichen Unterschiede reflektiert werden, die zwischen verschiedenen Formen der Behinderung bestehen. Es ist jedoch verfehlt, die Feststellung, dass Behinderte häufig in spezifischer Art bedürftig sind, mit paternalistischer Herablassung gleichzusetzen. Gerade für ein zuträgliches Verhältnis von Medizinern und Behinderten ist es wichtig, exakt jene Differenzen zu berücksichtigen, die zwischen akuten Krankheiten und verschiedenen Formen chronischer Beeinträchtigung bestehen. Nur so können Ärzte dazu veranlasst werden, von einer allzu "interventionsfreudigen" Haltung Abstand zu nehmen. (shrink)

This article uses elements of autoethnography to theorize an in/formal support relationship between a friend with a physical disability, who uses attendant services, and me. Through thinking about our particular “frien-tendant” relationship, I find the common scholarly orientations toward “care” are inadequate. Starting from the conversations between feminist and disability perspectives on care, I build on previous work to further develop the theoretical framework of accessible care. Accessible care takes a critical, engaged approach that moves beyond understanding “accessibility” as merely (...) concrete solutions to create more inclusive forms of care. Care, in this context, is positioned as an unstable tension among competing definitions, including that it is a complex form of oppression. Accessible care draws on feminist disability perspectives and the feminist political ethic of care to build bridges in four areas: from daily experiences of disability and support to theoretical discussions; across feminist care research and disability perspectives; across divisions and anxieties within disability communities; and from the local to transnational applications. These bridges do not aim to resolve debates but allow us to travel back and forth between differing perspectives and demonstrate the tenuous possibility of accessible practices and concepts of care. (shrink)

Sandra Harding is working on the reconstruction of scientific objectivity. Lorraine Daston argues that objectivity is a concept that has historically evolved. Her account of the development of "aperspectival objectivity" provides an opportunity to see Harding's "strong objectivity" project as a stage in this evolution, to locate it in the history of migration of ideals from moral philosophy to natural science, and to support Harding's desire to retain something of the ontological significance of objectivity.

Some authors have advanced a contractual model to protect patient autonomy within the therapeutic relationship. Such a conception of the physician–patient relationship is intended to serve both parties by respecting patients' choices and preserving physician integrity. I critique this contractual view and offer an alternative, feminist contextualized approach to autonomy within the therapeutic relationship. This approach places the physician-patient relationship within a larger social context, and indicates the many social inequalities that render insupportable the notion of physicians and patients as (...) contracting equals. (shrink)

In the social system in which we live, the imaginary body is an able body. The able-bodied has established its representations that are the projection of able-bodied subjectivities. In this article, I shall develop a psychoanalytic account of physical disability in order to open up possibilities for physical disability beyond its position as castrated able-bodiedness. Psychoanalysis, to me, is not simply about `sexuality' but can also be used to analyse `physical disability', indeed all aspects of one's subjectivity. I shall propose (...) the appropriation of psychoanalysis to explain the construction of subjectivity, whether it is able-bodied or disabled, in a way that parallels the male/female dichotomy. Within an able-bodied symbolic, in which the able-bodied takes itself as normal, it is impossible to illustrate the multiplicity of the disabled. Following Irigaray's claim that the ambiguity of female sexuality does not conform to male notions of sexuality, I argue that the complexity of the disabled body does not fit into the able-bodied norm of subjectivity. In this article, I shall be drawing on Irigaray's theory of embodied subjectivity to argue against the masculine-able-bodied-based theory of subjectivity found in Freud and Lacan. (shrink)

In recent decades, the intertwining ideas of self-determination and well-being have received tremendous support in bioethics. Discussions regarding self-determination, or autonomy, often focus on two dimensions—the capacity of the patient and the freedom from external coercion. The practice of obtaining informed consent, for example, has become a standard procedure in therapeutic and research medicine. On the surface, it appears that patients now have more opportunities to exercise their self-determination than ever. Nonetheless, discussions of patient autonomy in the bioethics literature, which (...) focus on individual patients making particular decisions, neglect the social structure within which health-care decisions are made. Looking through the lens of disability and informed by the feminist conception of relational autonomy, this essay argues that the issue of autonomy is much more complex than the individualist model suggests. The social system and the ableist ideology impose various forms of pressure or oppressive power that can affect people’s ability to choose according to their value system. Even if such powers are not directly coercive, they influence potential parents’ decisions indirectly—they structure their alternatives in such a way that certain options are never considered as viable and other decisions must be made. This paper argues that, instead of only focusing on the individual act of decision-making, we need to pay attention to the social structure that frames people’s decision. (shrink)

Around the world the wealthy can get their lives extended while the poorget little basic medical help. Over the same years that the field ofbioethics has prospered and expanded, this disparity has increased.Reasons for the failure of bioethics to successfully address thishealth/wealth issue include its identification with the cognitiveand social authority of medicine; its gatekeeping behavior;its funding sources; its questionable use of ``principlism'' andits emphasis on crises and dilemmas to the neglect of ``housekeeping''issues. The work of most women in bioethics (...) rarely addresses thehealth/wealth issue; if it does, their work may be ignored, aswere the recommendations of Canadian feminists working under governmentgrants. To achieve equity in health care, the structure of both medicineand bioethics needs to be changed. Yet, since bioethicists generallyhave accepted the status quo, this seems unlikely to happen. (shrink)

This paper examines the relationship between disability and “queerness.” I argue that the hostility frequently expressed against both disabled and queer individuals is a function of fear of the undecidability of the body. I draw on feminist, queer, and disability theory to help us understand this phenomenon and suggest that these different kinds of theories have a complementary relationship. That is, feminist and queer theory help us see how this fear works, disability theory helps us see why it exists.

In disability studies, social and medical explanatory models are seen as being conflicting or mutually exclusive, and as mystifying respectively bodily impairment and the agency of social and environmental factors. This article uses critical discourse analysis to discuss the relationship between such models in policy documents produced by The Norwegian Federation of Organizations of Disabled People. Analysis of key topoi in the policy documents shows that they display elements of both social and medical discourse, and that the consequences of medically (...) defined impairments are used as justifications for policy interventions in a framework of social justice. While a strict version of the social model is adopted in general programmatic documents, arguments about specific policy fields conceptualize disability as a property of individuals — traditionally, a medical model framing. Analysis of topoi is shown to be a useful tool when CDA is applied to policy texts. (shrink)

Through narrative reflections of Jack?s story of inclusive recreational sport, the meaning of dignity in professional practice is explored. Jack?s story is one of respect, strong humiliation and embarrassment, and vulnerability. Through the lens of relational ethics, the aggression of a stranger illustrates how the lack of mutual respect, compassion and knowledge creates experiences of indignity. Jack?s story highlights how relationships can shape, constrain and enable lives. Understanding that which constitutes a dignified recreational sport context for instructors and participants opens (...) opportunities for authentic social relationships based upon respect of oneself, as well as others to emerge. Jack?s narrative further reinforces the need to create pedagogical spaces for discussions of various forms of dignity and ethical professional practice in inclusive recreational sport contexts. (shrink)

In this paper, I look at several examples that demonstrate what I see as a troubling tendency in much of mainstream bioethics to discount the views of disabled people. Following feminist political theorists who argue in favour of a stance of humility and sensitive inclusion for people who have been marginalized, I recommend that bioethicists adopt a presumption in favour of believing rather than discounting the claims of disabled people. By taking their claims at face value and engaging with disabled (...) people in open dialogue over impairment and disadvantage, bioethicists may take to heart an important lesson about human fragility and resilience. (shrink)

This article offers the critical concept misfit in an effort to further think through the lived identity and experience of disability as it is situated in place and time. The idea of a misfit and the situation of misfitting that I offer here elaborate a materialist feminist understanding of disability by extending a consideration of how the particularities of embodiment interact with the environment in its broadest sense, to include both its spatial and temporal aspects. The interrelated dynamics of fitting (...) and misfitting constitute a particular aspect of world-making involved in material-discursive becoming. The essay makes three arguments: the concept of misfit emphasizes the particularity of varying lived embodiments and avoids a theoretical generic disabled body; the concept of misfit clarifies the current feminist critical conversation about universal vulnerability and dependence; the concept of misfitting as a shifting spatial and perpetually temporal relationship confers agency and value on disabled subjects. (shrink)

This paper demonstrates how the problematic kinds of epistemic power that physicians have can diminish the epistemic privilege that pregnant women have over their bodies and can put them in a state of epistemic powerlessness. This result, I argue, constitutes an epistemic injustice for many pregnant women. A reconsideration of how we understand and care for pregnant women and of the physician–patient relationship can provide us with a valuable context and starting point for helping to alleviate the knowledge/power problems that (...) are symptomatic of the current system and structure of medicine. I suggest that we can begin to confront this kind of injustice if medicine adopts a more phenomenological understanding of bodies and if physicians and patients—in this case, pregnant women—become what I call “epistemic peers.”. (shrink)

In this paper, I explore the terrain of craft knowing as an area of expansion for feminist relational theory toward materials, instruments, and design work. I argue that an un-developed attent...

This paper is prompted by the charge that the prevailing Western paradigm of medical knowledge is essentially Cartesian. Hence, illness, disease, disability, etc. are said to be conceived of in Cartesian terms. The paper attempts to make use of the critique of Cartesianism in medicine developed by certain commentators, notably Leder (1992), in order to expose Cartesian commitments in conceptions of disability. The paper also attempts to sketch an alternative conception of disability — one partly inspired by the work of (...) Merleau-Ponty. In particular, three key Cartesian claims are identified and subjected to criticism. These are as follows: (a) The claim that the body is an object, (b) what is termed here ‘the modularity thesis’, and (c) the claim that the body cannot be constitutive of the self (i.e. since the soul/mind/brain is). In opposition to these claims, it is argued that the body is properly viewed as a subject; that there are neither purely mental, nor purely physical disabilities; and that selves are constituted, at least in part, by their bodies. (shrink)

This article experiments with multimedia storytelling to re-vision difference outside biomedical and humanistic frames by generating new understandings of living dis/artfully with illness. We present and analyze seven short videos created by women and trans people living with illness as part of an arts-based research project that aimed to speak back to hegemonic concepts of disability that create barriers to healthcare.1 We call for a welcoming in of disability studies’ disruptive and re-imaginative orientations to bodily difference to unsettle medicine’s humanistic (...) accounts. In turn, we advance medical post-humanistic approaches that call on disability studies to re-embody its theories and approaches. (shrink)

Research on the status and experience of women in academia in the last 30 years has challenged conventional explanations of persistent gender inequality, bringing into sharp focus the cumulative impact of small scale, often unintentional differences in recognition and response: the patterns of 'post-civil rights era' dis­crimination made famous by the 1999 report on the status of women in the MIT School of Science. I argue that feminist standpoint theory is a useful resource for understanding how this sea change in (...) understanding gender inequity was realized. At the same time, close attention to activist research on workplace environment issues suggests ways in which our understanding of standpoint theory can fruitfully be refined. I focus on the implications of two sets of distinctions: between types of epistemic injustice (and correlative advantage) that may affect marginalized knowers; and between the resources of situated knowledge and those of a critical standpoint on knowledge production. (shrink)

In this paper, I explore the “expressivist critique” of the use of prenatal testing to select against the birth of persons with impairments. I begin by setting out the expressivist critique and then highlighting, through an investigation of an influential objection to this critique, the ways in which both critics and proponents of the use of technologies of genetic selection negotiate a difficult set of dilemmas surrounding the relationship between genes and identity. I suggest that we may be able to (...) advance the debate about these technologies by becoming more aware of the ways in which this debate is itself in part a political contestation over this relationship. Ultimately, I will argue, the real force of the expressivist objection lies in its capacity to draw our attention to political questions about the role of the state and about relationships between different social groups rather than between parents and prospective children. That is to say, crucial issues, when evaluating the force of this criticism, turn out to be: the nature of the institutions which determine how decisions about prenatal selection are made; and how we think of each other, that is, what we take to be the defining characteristics of human beings. Paradoxically, arguments about the ethics of the “sorting society”, both supportive and critical, are an important arena in which these institutions and these ideas about identity are contested and shaped. An increased awareness of the reflexive nature of the process of debating these issues may assist us in better negotiating them. (shrink)

Most work in neo-Aristotelian virtue ethics begins by supposing that the virtues are the traits of character that make us good people. Secondary questions, then, include whether, why, and in what ways the virtues are good for the people who have them. This essay is an argument that the neo-Aristotelian approach is upside down. If, instead, we begin by asking what collection of character traits are good for us---that is, what collection of traits are most likely to promote our own (...) well-being---we find a collection of traits a lot like the traditional slate of virtues. This suggests an egoistic theory of the virtues: the virtues just are those traits of character that reliably promote the well-being of their possessor. In addition to making the positive case for character egoism, I defend it from anticipated objections. I argue that character egoism doesn't inherit the problems of ethical egoism, and conclude by offering character-egoist accounts of two virtues traditionally thought to be fundamentally other-regarding: honesty and justice. (shrink)

Text explores the normative implications of the concept of normalcy from etimology, early XVIII century´s anatomical treatises and staticians point of view. The discourse that defines disability as a personal tragedy is discussed in relation with Adrianne Rich´s concept of compulsory heterosexuality, and purports the existence of a “disability dispositive” .The consequences of this normative oppression for people with disabilities are a form of failed citizenship.