Jessica Begon

Most people have a clear sense of what they mean by disability, and have little trouble identifying conditions they consider disabling. Yet providing a clear and consistent definition of disability is far from straightforward. Standardly, disability is understood as the restriction in our abilities to perform tasks, as a result of an impairment of normal physical or cognitive human functioning. However, which inabilities matter? We are all restricted by our bodies, and are all incapable of performing some tasks, but most of these inabilities are not considered disabilities. If, then, we are to avoid the category of disability becoming overly broad—and thus politically and practically useless—we need some way of picking out the specific inabilities that are disabling. I argue that our answer should be informed by an account of the opportunities individuals are entitled to be able to perform as a matter of justice. Thus, to be disabled is to have these opportunities restricted, and not to deviate from the species norm or lack any ability that might improve our well-being.

It is a longstanding problem for theorists of justice that many victims of injustice seem to prefer mistreatment, and perpetuate their own oppression. One possible response is to simply ignore such preferences as unreliable ‘adaptive preferences’. Capability theorists have taken this approach, arguing that individuals should be entitled to certain capabilities regardless of their satisfaction without them. Although this initially seems plausible, worries have been raised that undermining the reliability of individuals' strongly-held preferences impugns their rationality, and further excludes already marginalised groups. I argue that such criticisms trade on an ambiguity between two uses of the term ‘adaptive preference’. An adaptive preference is often assumed to be irrational, and an unreliable guide to its possessor's best interests. However, I suggest a preference may also be adaptive in the sense that it is an unreliable guide to our distributive entitlements, and that this does not require an assessment of individuals' rationality. I consider this distinction in relation to disability, arguing that this clarification allows us to justifiably ignore some disabled individuals' preferences, in the context of theorising about distributive justice, without disrespecting or undermining their rationality or culture

The capability approach aims to ensure all individuals are able to form and pursue their own conception of the good, whilst the state remains neutral between them, and has done much to include oppressed and marginalised groups. Liberal neutrality and social inclusivity are worthy goals, yet I argue that Martha Nussbaum’s influential formulation of the capability approach, at least, cannot meet them. Conceptualising capabilities as opportunities to perform specific, valuable functionings fails to accommodate those who do not value, or cannot perform, these functionings. I therefore propose that the capability approach be modified, such that capabilities are conceptualised, instead, as opportunities to exercise control in certain central domains of our life.

The capability approach was developed as a response to the ‘equality of what?’ question, which asks what the metric of equality should be. The alternative answers are, broadly, welfare, resources or capabilities. G.A. Cohen has raised influential criticisms of this last response. He suggests that the capability approach’s focus on individuals’ freedom – their capability to control their own lives – renders its view of well-being excessively ‘athletic’, ignoring benefits achieved passively, without the active involvement of the benefitted individual. However, positing ‘capabilities’ as the appropriate metric of distributive justice need not commit capability theorists to a comprehensive account of well-being, and so not to the athletic conception Cohen ascribes to them. Their aim can, instead, be to delineate legitimate government action and guide egalitarian public policy. Capabilities, in this context, are not just components of individual well-being; they must also be the appropriate goal of just distributive policies. When understood in this way, as a guide to policy, I will argue that the capability approach’s focus on ‘athletic’ individual freedom and control is justified: in the public domain, it is important not just that individuals receive ‘benefits’, but that they participate in their achievement.

The suggestion that individuals should be considered disadvantaged, and consequently entitled to compensation, only if they consider themselves disadvantaged (Dworkin’s ‘continuity test’) is initially appealing. However, it also faces problems. First, if individuals are routinely mistaken, then we routinely fail to assist the deserving. Second, if individuals assess their circumstances differently then the state will provide different levels of assistance to people in identical situations. Thus, should we instead ignore individuals’ convictions and provide assistance that some, at least, do not feel they need? One set of cases where this dilemma is salient are those in which disabled individuals disagree over whether they are disadvantaged. Focussing on these, I argue that despite objections, individuals should have a voice in determining whether they are disadvantaged. However, I contend that our goal should not be ensuring continuity with individuals’ ethical convictions (concerning the pursuits they deem worthwhile or valuable), but their convictions regarding whether they are relevantly disadvantaged (whether they have what they are entitled to).

Disability through the Lens of Justice offers a contextual framework for considering the limitations that disability places on individuals. Specifically, those that prevent individuals from having control in certain domains of their life, by restricting the availability of acceptable options or the ability to choose between them. Begon argues that our theory of justice should be concerned with the lives individuals can lead, and not with whether their bodies and minds function typically. The problem that disability raises is not the mere fact of difference, but the ways in which that difference is accommodated (or not) and the limitations it may cause. In Disability Through the Lens of Justice, Begon offers a new framework to the disability and justice model. She argues that achieving justice does not require 'normalisation', or the elimination of difference, but through implementating a model which enables all individuals to control their lives as they choose.

Is disability disadvantageous? Although many assume it is paradigmatically so, many disabled individuals disagree. Whom should we trust? On the one hand, pervasive mistrust of already underrepresented groups constitutes a serious epistemic injustice. Yet, on the other, individuals routinely adapt to mistreatment and deprivation and claim to be satisfied. If we take such “adaptive preferences” (APs) at face value, then injustice and oppression may not be recognized or rectified. Thus, we must achieve a balance between taking individuals’ preferences and self-assessment as definitive, and ignoring them entirely. Furthermore, current accounts of APs suffer from an ambiguity: are APs an unreliable guide to individuals’ interests, or to just policy? This chapter argues that we should distinguish between those that are unreliable in the former sense (“well-being APs”), and the latter (“justice APs”). Although all APs are nonautonomous, only well-being APs are irrational. Thus, preferences may be diagnosed as unreliable from the perspective of justice without impugning individuals’ rational capacities.