The American Journal of Bioethics, Volume 11, Issue 7, Page 53-55, July 2011.

Disability & Justice: The Capabilities Approach in Practice is an interdisciplinary examination of the practical application of the capabilities approach viewed through the lens of the experience of disability. Careful and critical examination of vital foundational concepts is undertaken prior to contextualizing the experience of disability and how we might begin to promote an inclusive society through an application of the capabilities approach.

This article explores gun control and the ethics of hunting and suggests that hunting ought not to be permitted, and not because of its impact on those animals that are hunted, but because of the risk other humans are subjected to as a result of some being permitted to own guns for mere preference satisfaction. This article examines the nature of freedom, its value, and how responsibility for the exercising of that freedom ought to be regarded when it involves subjecting (...) others to a risk of grave bodily harm. A distinction between two kinds of freedom is put forth and it is argued that it would be wrong to sacrifice freedoms of intrinsic worth for freedoms of instrumental worth. (shrink)

This article explores at least two dominant critiques of assisted dying from a disability rights perspective. In spite of these critiques, I conclude that assisted dying ought to be permissible. I arrive at the conclusion that if we respect and value people with disabilities, we ought to permit assisted dying. I do so in the following manner. First, I examine recent changes in legislation that have occurred since the Royal Society of Canada Expert Panel on End-of-Life Decision-Making report, published in (...) this journal. I suggest that these changes are likely to only strengthen opposition to assisted dying from disability rights activists and people with disabilities. Second, I focus on respect for people with disabilities and in particular, respect for their autonomy and decision-making abilities. Third, I explore the opposition to assisted dying that focuses on risk and the vulnerability of people with disabilities. Here I suggest that this risk ought not to be of special concern. Ultimately, I conclude that upholding respect for the disabled requires the legalization of assisted dying, rather than the denial of access in a misguided effort to protect people with disabilities. (shrink)

In this paper, I argue that health plays a special role in the promotion of well-being within the capabilities approach framework. I do this by first presenting a scenario involving two individuals, both of whom lack access to only one capability. The first cannot secure the capability of bodily health due to an unhealthy lifestyle, whilst the second lacks access to bodily integrity due to a life of celibacy. Second, I explore these scenarios by assessing the nature of disadvantage suffered (...) in both instances. I suggest that corrosive disadvantage (or the type of disadvantage that adversely impacts one’s ability to secure other valuable things) is what leads us to conclude that health is of special moral importance in the promotion of justice and the endorsing of well-being. (shrink)

Recent discussions surrounding the conceptualising of disability has resulted in a stalemate between British sociologists and philosophers. The stagnation of theorizing that has occurred threatens not only academic pursuits and the advancement of theoretical interpretations within the Disability Studies community, but also how we educate and advocate politically, legally, and socially. More pointedly, many activists and theorists in the UK appear to believe the British social model is the only effective means of understanding and advocating on behalf of people with (...) disabilities. This model, largely reliant upon materialist research traditions, contends that disability is a form of social oppression and hence, is a phenomenon that should be conceptualised in social terms. Individual properties such as impairments are disregarded as they are viewed to be unimportant in the analysis of the social causes of disability. Concurrently, many bioethicists and philosophers have embraced what Tom Shakespeare has classified as an ‘Interactional Approach’ to disability—that “the experience of a disabled person results from the relationship between factors intrinsic to the individual, and the extrinsic factors arising from the wider context in which she finds herself”. I intend to demonstrate that the benefits of the British social model are now outweighed by its burdens. I suggest, as Jerome Bickenbach has, that while it may be somewhat churlish to critique the social model in light of its political success, taken literally, it implies that people with disabilities require no additional health resources by virtue of their impairments. Despite the eloquent arguments that have preceded me by interactional theorists, none have been accepted as evidence of fallacious reasoning by British social model theorists. This article is an attempt to clarify why it is that the types of arguments British social model theorists have been offering are misguided. I suggest that the British social model, unlike an interactional approach, is unable to provide a realistic account of the experience of disability, and subsequently, unable to be properly utilized to ensure justice for people with disabilities. (shrink)

Disability & Justice: The Capabilities Approach in Practice is an interdisciplinary examination of the practical application of the capabilities approach viewed through the lens of the experience of disability. Careful and critical examination of vital foundational concepts is undertaken prior to contextualizing the experience of disability and how we might begin to promote an inclusive society through an application of the capabilities approach.