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Distributed for University of British Columbia Press

Critical Disability Theory

Essays in Philosophy, Politics, Policy, and Law

Despite the widespread belief that Canada is a country of liberty, equality, and inclusiveness, many persons with disabilities experience social exclusion and marginalization. In this book, twenty-four scholars from a variety of disciplines contend that achieving equality for the disabled is not fundamentally a question of medicine or health, nor is it an issue of sensitivity or compassion. Rather, it is a question of politics, and of power and powerlessness. This book argues that we need a new understanding of participatory citizenship that encompasses the disabled, new policies to respond to their needs, and a new vision of their entitlements.

352 pages

Law and Society


Table of Contents

Preface

Introduction: Toward a Critical Theory of Dis-Citizenship / 1 Richard Devlin and Dianne Pothier

Part 1: Setting the Context

1 Disability Policy Making: Evaluating the Evidence Base / Mary Ann McColl, Alison James, William Boyce, and Sam Shortt

Part 2: Conceptual Frameworks

2 Does Theory Matter? Exploring the Nexus between Disability, Human Rights, and Public Policy / Marcia H. Rioux and Fraser Valentine

3 Justice as Fairness in Accommodating Workers with Disabilities and Critical Theory: The Limitations of a Rawlsian Framework for Empowering People with Disabilities in Canada / Ravi A. Malhotra

4 Multicultural Citizenship: The Case of the Disabled / Theresa Man Ling Lee

5 Ghosts in the Machine: Civil Rights Laws and the Hybrid "Invisible Other" / Carolyn Tyjewski

Part 3: Policy Analyses

6 Working at the Margins: Disabled People and the Growth of Precarious Employment / Robert D. Wilton

7 A Life without Living: Challenging Medical and Economic Reductionism in Home Support Policy for People with Disabilities / Kari Krogh and Jon Johnson

8 Autism as Public Policy / Dana Lee Baker

9 Post-Secondary Education and Disabled Students: Mining a Level Playing Field or Playing in a Minefield? / Teri Hibbs and Dianne Pothier

Part 4: Legal Interrogations

10 Now You See Her, Now You Don’t: How Law Shapes Disabled Women’s Experience of Exposure, Surveillance, and Assessment in the Clinical Encounter / Catherine Frazee, Joan Gilmour, and Roxanne Mykitiuk

11 Damage Quantification in Tort and Pre-Existing Conditions: Arguments for a Reconceptualization / Darcy L. MacPherson

12 Beyond Compassion and Sympathy to Respect and Equality: Gendered Disability and Equality Rights Law /

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