- In Pursuit of Justice for Disability: Model Neutrality Revisited
- Theoretical Strategies to Define Disability
- Disability, Health, and Difference
- Habilitative Health and Disability
- Philosophy and the Apparatus of Disability
- Disability Liberation Theology
- Disabilities and Well-Being: The Bad and the Neutral
- Causing Disability, Causing Non-Disability: What’s the Moral Difference?
- Why Inflicting Disability is Wrong: The Mere-Difference View and the Causation-Based Objection
- Evaluative Diversity and the (Ir)Relevance of Well-Being
- Contractualism, Disability, and Inclusion
- Civic Republican Disability Justice
- Disability and Disadvantage in the Capabilities Approach
- Disability and Partial Compliance Theory
- Fair Difference of Opportunity
- The Disability Case Against Assisted Dying
- Epistemic Exclusion, Injustice, and Disability
- What’s Wrong with “You Say You’re Happy, but … ” Reasoning?
- Interactions with Delusional Others: Reflections on Epistemic Failures and Virtues
- Disability, Rationality, and Justice: Disambiguating Adaptive Preferences
- Ideals of Appreciation and Expressions of Respect
- The Limiting Role of Respect
- Respect, Identification, and Profound Cognitive Impairment
- Care and Disability: Friends or Foes
- A Dignitarian Approach to Disability: From Moral Status to Social Status
- Cognitive Disability and Moral Status
- Dignity, Respect, and Cognitive Disability
- On Moral Status and Intellectual Disability: Challenging and Expanding the Debates
- Neurodiversity, Autism, and Psychiatric Disability: The Harmful Dysfunction Perspective
- Educational Justice for Students with Intellectual Disabilities
- A Symmetrical View of Disability and Enhancement
- Cognitive Disability and Embodied, Extended Minds
- The Visible and the Invisible: Disability, Assistive Technology, and Stigma
- Neurotechnologies and Justice by, with, and for Disabled People
- Second Thoughts on Enhancement and Disability
- Cost-Effectiveness Analysis and Disability Discrimination
- Prioritization and Parity: Which Disabled Newborn Infants Should Be Candidates for Scarce Life-Saving Treatment?
- Why People with Cognitive Disabilities Are Justified in Feeling Disquieted by Prenatal Testing and Selective Termination
- Reproductive Choice in Context: Avoiding Excess and Deficiency?
- Bioethics, Disability, and Selective Reproductive Technology: Taking Intersectionality Seriously
- Procreation and Intellectual Disability: A Kantian Approach
- Parental Autonomy, Children with Disabilities, and Horizontal Identities
- Beyond Instrumental Value: Respecting The Will of Others and Deciding On Their Behalf
Abstract and Keywords
Recent theorizing about justice for circumstances of injustice has largely bypassed disability. This chapter explores partial compliance theory through achieving disability civil rights. After sketching the non-ideal and partial compliance theory landscape since Rawls’s development of an ideal liberal theory of justice, the chapter disavows the misleading assumption that disability is non-ideal. Rather, injustice is located in social responses to differences in bodies and minds, as with the social model of disability. Using examples from the Americans with Disabilities Act, employment, and education, the chapter demonstrates how partial compliance theory can negotiate difficult questions about obligations when others behave unjustly and improvements seem infeasible. The chapter then explores disability civil rights without idealizations about justice. It concludes with thoughts about eugenics, why disability has largely been left aside in partial compliance theory, and how understanding disability civil rights can contribute importantly to our understanding of justice in non-ideal circumstances.
Leslie Francis is Distinguished Professor of Philosophy, Distinguished Alfred C. Emery Professor of Law, and Director of the Center for Law & Biomedical Sciences at the University of Utah. She recently published Privacy: What Everyone Needs to Know (with John Francis, Oxford 2017) and edited the Oxford Handbook of Reproductive Ethics (2017). She is the author of many articles about disability in philosophy and in law and frequently provides pro bono legal representation for people who are the subject of petitions for guardianship.
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