Disability, Health, Law, and Bioethics
Disability, Health, Law, and Bioethics
Carmel Shachar, Harvard Law School, Massachusetts
Anita Silvers, San Francisco State University
Michael Ashley Stein, Harvard Law School, Massachusetts
Historically and across societies people with disabilities have been stigmatized and excluded from social opportunities on a variety of culturally specific grounds. In this collection, the authors explore the impact that the philosophical framing of disability can have on public policy questions, in the clinic, in the courtroom, and elsewhere. They examine the implications of this understanding for legal and policy approaches to disability, strategies for allocating and accessing health care, the implementation of the Americans with Disabilities Act, health care rights, and other legal tools designed to address discrimination. This volume should be read by anyone seeking a balanced view of disability and an understanding of the connection between the framing of disability and policies that have a real-world impact on individuals.
- Offers policymakers concrete ways to better reshape legal and policy treatments of disability, including the creation of strategies for allocating and accessing health care
- Provides an interdisciplinary approach, with diverse perspectives ranging from the clinical to the philosophical
- Readers will glean a nuanced understanding of the characterizations of disablement, particularly the notion of 'mere difference'
Reviews & endorsements
'As we confront the implications of wide-ranging biomedical changes, issues of disability and of difference keep reappearing, like sharp rocks in roiling seas. This volume offers an invaluable breadth and depth of insight into those issues, highlighting how complex and varied they are, both in principle and in practice.' Henry T. Greely, Deane F. and Kate Edelman Johnson Professor of Law, Director, Center for Law and the Biosciences, Stanford University
‘This collection reveals how much disability studies has evolved, exploring the legal implications that different framings of disability have on disabled people. Each chapter brings new and subtle insights.’ P. A. Murphy, Choice
Product details
April 2020Paperback
9781108725408
380 pages
228 × 152 × 16 mm
0.45kg
7 b/w illus.
Available
Table of Contents
- Introduction Carmel Shachar, I. Glenn Cohen and Michael Ashley Stein
- Preface Tom Shakespeare
- Part I. Disability: Definitions and Theories: Introduction I. Glenn Cohen
- 1. Disability, health, and normal function Elizabeth Barnes
- 2. Healthcare as eugenics Ani B. Satz
- 3. Epistemic injustice, disability stigma, and public health law Daniel Goldberg
- Part II. Disability in the Beginning and the End of Life: Introduction I. Glenn Cohen
- 4. Abortion, the disabilities of pregnancy, and the dignity of risk Mary Anne Case
- 5. The Down Syndrome Information Act and 'mere difference': redefining the scope of prenatal testing conversations? Marie-Eve Lemoine and Vardit Ravitsky
- 6. Dementia, disability, and advance directives: defensible legal standards for dementia care Rebecca Dresser
- Part III. Disability in the Clinical Setting: Introduction Carmel Shachar
- 7. Expressing respect for people with disabilities in medical practice Adam Cureton
- 8. Disabled bodies and good organs Emily Largent
- 9. Humanizing clinical care for patients with disabilities Omar Sultan Haque and Michael Ashley Stein
- 10. Chronic pain as a challenge for disability theory and policy Caroline J. Huang and David Wasserman
- Part IV. Equality, Expertise, and Access: Introduction Michael Ashley Stein
- 11. Making 'meaningful access' meaningful: equitable healthcare for divisive times Leslie Francis and Anita Silvers
- 12. The privacy problem in disability antidiscrimination law Jasmine E. Harris
- 13. Sexual agency as a rights-based imperative for persons with intellectual disabilities Matthew S. Smith, Tara Allison and Michael Ashley Stein
- Part V. Disability, Intersectionality, and Social Movements: Introduction Carmel Shachar
- 14. Destigmatizing disability in the law of immigration admissions Medha D. Makhlouf
- 15. The normative bases of medical civil rights Craig Konnoth
- 16. Judicial representation: speaking for others from the bench Wendy Salkin
- Part VI. Quantifying Disability: Introduction William P. Alford
- 17. Can we universally accommodate mental health and should we?: a systematic review of the evidence and ethical analysis Nathaniel Z. Counts, C. Taylor Poor, Julie Erickson, Thomas Hart and Kelly A. Davis
- 18. Algorithmic disability discrimination Mason Marks
- 19. The pathways approach to priority setting: considering quality of life while being fair to individuals with disabilities Govind Persad
- 20. Measuring health-state utility via cured patients Nir Eyal.
