Gaming the System?: Justice, Fairness, and Disability Accommodations

Journal of Philosophy of Disability 2:55-78 (2022)
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Abstract

I am legally entitled to certain accommodations for my visual impairment that I do not always need. Affording me these rights is required by justice even on those rare occasions in which they are not necessary to give me an equal opportunity to fully participate in all aspects of society. I sometimes wonder whether I am nonetheless “gaming the system,” “exploiting a loophole,” or otherwise acting unjustly or unfairly by using disability accommodations in such circumstances. The essay aims to explore this apparent paradox by considering whether it is sometimes wrong, as a matter of justice, for disabled people to use accommodations we are justly owed. My conclusion is that, although it is not unjust for disabled people to use accommodations we are entitled to as a matter of justice, an ideally just person would sometimes forgo them for the sake of her commitment to justice itself.

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Adam Cureton
University of Tennessee, Knoxville

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