Americans with Disabilities: Exploring Implications of the Law for Individuals and Institutions

ISBN-13: 9780415923682 / Angielski / Miękka / 2000 / 432 str.

Leslie Pickering Francis; Anita Silvers

Opis

In 1990 a landmark piece of legislation was passed by Congress. The Americans with Disabilities Act (ADA) was based on the idea that equal rights can solve social problems associated with disability. Few acts have sparked as much debate in recent years, with many employers and programme providers protesting - and litigating - against the burdensome costs of the act. On the other side, many of the Americans with disabilities and their advocates claim that the ADA doesn't do enough, that only the most highly functioning disabled people benefit. Americans with Disabilities looks at the debate and seeks to shed light on who is right. Philosophers, legal theorists, bioethicists and policy makers offer incisive looks into the philosophical and moral foundations of disability law and policy. A thought-provoking analysis of one of the most controversial laws on the books, Americans with Disabilities provides a keen understanding of how much US law does - and should - protect citizens with disabilities against intolerance and social limitation.

Recenzje

"With this pathbreaking book, two of the nation's leading social philosophers have pushed disabled Americans out of the shadows and into the limelight where they belong...Anyone who works on health, education, welfare and civil rights issues will need to read this book." -- Anita L. Allen, University of Pennsylvania Law School
"This is an important book. Its collected essays come to grips directly with the most important issues of law, policy and morality involving Americans with disabilities. The authors...will make every reader think more carefully about how best to insure justice for the disabled." -- Thomas Ehrlich, The Carnegie Foundation on the Advancement of Teaching
"This comprehensive anthology is a major step in the development of disability studies in philosophy and legal scholarship. It takes philosophy of disability beyond the 'you too' afterthoughts added to discussions of social justice and demonstrates that issues raised by disability are critical to contemporary social philosophy." -- Susan Wendell, author of The Rejected Body: Feminist Philosophical Reflections on Disability

Spis treści

INTRODUCTION Achieving the Right to Live in the World:Americans with Disabilities and the Civil Rights Tradition Leslie Francis and Anita SilversPART A Foundations: Justice, Goodness, and Disability RightsIntroductionPositively Disabled: The Relationship between the Definition of Disability and Rights under the ADA Patricia Illingworth and Wendy E. ParmetDisability, Discrimination and Priority Richard J. ArnesonJustice for People with Disabilities: The Semiconsequentialist Approach Thomas PoggeThe Good of Agency Lawrence C. BeckerAt Home with My Daughter Eva Feder KittayThe Need for a Standard of Care Alasdair MacIntyrePART B Definitions: Who is Disabled? Who is Protected?IntroductionDoes Disability Status Matter? Mark KelmanBiological Normality and the ADA Ronald AmundsunImpairment and Embodiment Mary CrossleyThe Supreme Court's Near-Sighted View of the ADA Arlene Mayerson and Matthew DillerThe Unprotected: Constructing Disability in the Context of Anti-Discrimination Law Anita SilversStigma without Impairment: Demedicalizing Disability Discrimination David WassermanPART C Practical Applications: Work, Health, Congress, and the CourtsIntroductionPART C-1 WorkDisability and the Definition of Work Iris Marion YoungDisability and the Right to Work Gregory KavkaMarket Failure and the ADA Title I Michael Ashley SteinStudying Disability, Employment Policy and the ADA Peter David BlanckPART C-2 HealthHealth Care Resource Prioritization and Discrimination against Persons with Disabilities Dan W. BrockUtility, Equality and Health Care Needs of Persons with Disabilities:Interpreting the ADA's Requirement of Reasonable Accommodations David OrentlicherIllness and Disablement Joel FeinbergMental Disabilities, Equal Opportunity and the ADA Norman DanielsPART C-3 Congress and the CourtsDisputing the Doctrine of Benign Neglect: A Challenge to the Disparate Treatment of Americans with Disabilities Harlan HahnMaking Change: The ADA as an Instrument of Social Reform Richard K. ScotchTen Years Later: The ADA and the Future of Disability Policy Andrew BataviaADA Title III: A Fragile Compromise Ruth ColkerCourts and Wrongful Birth: Can Disability Itself Be Viewed as a Legal Wrong? Lori B. Andrews and Michelle HibbertGo to the Margins of the Class: Hate Crimes and Disability Lennard J DavisPART D Viewing US Law from Elsewhere: Canada, the United Kingdom, AustraliaIntroductionThe ADA v. the Canadian Charter of Rights: Disability Rights and the Social Model of Disability Jerome E. BickenbachThe UK Disability Discrimination Act: Disabling Language,Justifying Inequitable Social ParticipationA Bright New Era of Equality, Independence and Freedom:Casting an Australian Gaze on the ADA Melinda Jones and Lee Ann Basser MarksAppendixContributorsIndex

O autorze

Leslie Francis is Professor of Philosophy at the University of Utah. Anita Silvers is Professor of Philosophy at San Francisco State University.