|
|
|
|
||||
|
||||
A Jurisprudence of Dysfunction: On the Role of 'Normal Species Functioning' in Disability AnalysisAni B. SatzEmory University School of Law; Rollins School of Public Health; Center for Ethics; Georgetown University Law Center Yale Journal of Health Policy, Law, and Ethics, Vol. 6, p. 221, June 2006 Emory Public Law Research Paper No. 06-19 Abstract: This article considers the proper role of normal species functioning in disability analysis. Failure to consider properly the role of normal functioning has profoundly impacted American disability law by creating divergent outcomes in the application of established United States Supreme Court tests and severely undermining protections for persons with disabilities. This article examines competing, dominant conceptual models of functioning, the Supreme Court's use of these models, and then proposes a novel conceptual framework, which requires a blend of the models as applied to three distinct levels of disability analysis. This article is a discrete and integral part of disability law reform, bearing on the tension between civil rights and social welfare models of disability law.
Number of Pages in PDF File: 48 Keywords: disability, discrimination, philosophy, ethics, civil rights, government policy, public policy, health law JEL Classification: I12, I18, J71, K31, Z00 Accepted Paper SeriesDate posted: June 23, 2006Suggested CitationContact Information
|
|
||||||||||||||||||||
© 2013 Social Science Electronic Publishing, Inc. All Rights Reserved.
FAQ
Terms of Use
Privacy Policy
Copyright
This page was processed by apollo1 in 0.344 seconds
