The starting point regarding consent has to be that it is both extremely important, and that it is often suspicious. In this article, the author tries to make sense of both of these claims, from a largely liberal perspective, tying consent, predictably, to the value of autonomy and distinguishing between autonomy as sovereignty and autonomy as nonalienation. The author then discusses adaptive preferences, claiming that they suffer from a rationality flaw but that it's not clear that this flaw matters morally (...) or politically. What matters is whether they suffer from an autonomy flaw. To answer this question, the author develops an account of autonomy failure, according to which a preference is nonautonomous if an injustice played an appropriate role in its causal history. The author then discusses the moral implications—and in an initial way, the political ones as well—of proclaiming a preference, or consent based on it, nonautonomous in this way. (shrink)

In The Minority Body, Elizabeth Barnes rejects prevailing social constructionist accounts of disability for two reasons. First, because they understand disability in terms of oppressive social responses to bodily impairment, they cannot make sense of disability pride. Second, they maintain a problematic distinction between impairment and disability. In response to these challenges, this paper defends a version of the social model of disability, which we call the Social Exclusion Model. On our account, to be disabled is to be in a (...) bodily or psychological state that is represented as an impairment in the prevailing ideology of one’s society, and to be excluded from valuable activities on the basis of this representation. While this model refers to a distinction between disability and impairment, it makes no presuppositions about which bodies function ‘normally’ and which do not. It is the ideology of impairment rather than impairment itself that does any work to determine whether a person is disabled. We argue that this model answers some of the important objections that Barnes raises against prevailing social constructionist accounts of disability, and that it’s focus on the oppressive social positioning of disabled people gives it explanatory power that Barnes’s own account lacks. (shrink)

People who have not experienced diseases and health conditions tend to judge them to be worse than they are reported to be by people who have experienced them. This phenomenon, known as the disability paradox, presents a challenge for health policy, and in particular, healthcare resource distribution. This divergence between patient and public preferences is most plausibly explained as a result of hedonic adaptation, a widespread phenomenon in which people tend to adapt fairly quickly to the state they are in, (...) good or bad, and adjust their baseline utility accordingly.If patient utilities can be shown to be inappropriate for use in public policy decision making, the disability paradox fades away. This paper offers a critique of one such attempt: the idea that adaptation leads to adaptive preferences. I argue that none of the main accounts of adaptive preferences in fact characterise adapted patient preferences as irrational. Adapted preferences should not, therefore, be treated as synonymous with adaptive preferences. I suggest that much patient adaptation should be understood as a form of the ubiquitous human ability to respond to environmental change. Consequently, we ought not to discount patient preferences. (shrink)

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). (shrink)

ABSTRACT. — This article examines the concept of adaptive preference as it has appeared in feminist political philosophy since the 2000’s. This concept refers to preferences shaped in compliance with an oppressive environment and that jeopardizes one’s well-being. In the first part, the two most influential conceptions of adaptive preference will be discussed : the ones provided by the philosophers Martha Nussbaum and Serene Khader. Afterwards, I will assess these conceptions in the light of recent work by feminist anthropologists Saba (...) Mahmood and Lila Abu-Lughod, in which they revaluate the political project of feminist philosophy underlying adaptive preferences. -/- RÉSUMÉ. — Cet article porte sur le concept de préférence adaptative tel qu’il est apparu en philosophie féministe politique et anglophone depuis les années 2000. Ce concept désigne les préférences formées conformément à un milieu oppressif et qui vont à l’encontre du bien-être. Dans un premier temps, il sera question des deux théorisations les plus influentes à l’heure actuelle: celles développées par les philosophes Martha Nussbaum et Serene Khader. Ensuite, j’évaluerai ces positions à l’aune des récents travaux des anthropologues fémi- nistes Saba Mahmood et Lila Abu-Lughod, dans lesquels elles remettent en question le projet politique de la philosophie féministe sous-jacent aux préfé- rences adaptatives. (shrink)