Barnes, Elizabeth, and . Valuing Disability, Causing Disability

2014, Ethics, 125 (1): 88-113.

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.

Kittay, Eva Feder, and . Forever Small: The Strange Case of Ashley X

2011, Hypatia, 26 (3): 610-631.

Abstract: I explore the ethics of altering the body of a child with severe cognitive disabilities in such a way that keeps the child ‘forever small.’ The parents of Ashley, a girl of six with severe cognitive and developmental disabilities, in collaboration with her physicians and the Hospital Ethics Committee, chose to administer growth hormones that would inhibit her growth. They also decided to remove her uterus and breast buds, assuring that she would not go through the discomfort of menstruation and would not grow breasts. In this way she would stay ‘forever small’ and be able to be carried and handled by family members. They claimed that doing this would ensure that she would be able to be part of the family and of family activities and to have familial care. But the procedure has raised thorny ethical questions. I wish to explore these questions philosophically by bringing to bear my own experiences as a mother of a grown daughter with severe cognitive impairments.

Comment: This reading both introduces the controversial case of Ashley X and also provides a set of ethical considerations concerning altering the bodies of persons with severe cognitive disabilities. It would serve as an excellent introduction to a unit on disability, a unit on the ethics of care, or concerning the limits of parental paternalism.

Nussbaum, Martha, and . Frontiers of Justice: Disability, Nationality, Species Membership

2006, Cambridge, MA: Harvard University Press.

Publisher: Theories of social justice are necessarily abstract, reaching beyond the particular and the immediate to the general and the timeless. Yet such theories, addressing the world and its problems, must respond to the real and changing dilemmas of the day. A brilliant work of practical philosophy, Frontiers of Justice is dedicated to this proposition. Taking up three urgent problems of social justice neglected by current theories and thus harder to tackle in practical terms and everyday life, Martha Nussbaum seeks a theory of social justice that can guide us to a richer, more responsive approach to social cooperation. The idea of the social contract–especially as developed in the work of John Rawls–is one of the most powerful approaches to social justice in the Western tradition. But as Nussbaum demonstrates, even Rawls’s theory, suggesting a contract for mutual advantage among approximate equals, cannot address questions of social justice posed by unequal parties. How, for instance, can we extend the equal rights of citizenship–education, health care, political rights and liberties–to those with physical and mental disabilities? How can we extend justice and dignified life conditions to all citizens of the world? And how, finally, can we bring our treatment of nonhuman animals into our notions of social justice? Exploring the limitations of the social contract in these three areas, Nussbaum devises an alternative theory based on the idea of capabilities. She helps us to think more clearly about the purposes of political cooperation and the nature of political principles–and to look to a future of greater justice for all.

Comment: This excellent book is valuable in teaching for two main reasons: (1) it extends and expands on the application of the capability approach to non-human animals, the disabled and the global poor; and (2) it offers a valuable critique of Rawls' theory of justice.

Stark, Cynthia A., and . How to Include the Severly Disabled in a Contractarian Theory of Justice

2007, Journal of Political Philosophy 15 (2): 127-145.

Content: Modifies and then defends a Rawlsian theory of justice from the charge that it cannot adequately account for the claims of severely disabled individuals who cannot participate fully in schemes of cooperation.

Comment: Best suited as specialised or further reading on disability and Rawlsian theories of justice.

Tremain, Shelley, and . Reproductive freedom, self-regulation, and the government of impairment in utero

2006, Hypatia 21(1): 35-53.

Abstract: This article critically examines the constitution of impairment in prenatal testing and screening practices and various discourses that surround these technologies. While technologies to test and screen (for impairment) prenatally are claimed to enhance women’s capacity to be self-determining, make informed reproductive choices, and, in effect, wrest control of their bodies from a patriarchal medical establishment, I contend that this emerging relation between pregnant women and reproductive technologies is a new strategy of a form of power that began to emerge in the late eighteenth century. Indeed, my argument is that the constitution of prenatal impairment, by and through these practices and procedures, is a widening form of modern government that increasingly limits the field of possible conduct in response to pregnancy. Hence, the government of impairment in utero is inextricably intertwined with the government of the maternal body.

Comment: Most useful in teaching on ethical issues at the beginning of life. It can be also used in teaching on the ethics of autonomy, freedom of choice, and feminism in general.