Abstract and Keywords Mainstream philosophers take for granted that disability is a prediscursive, transcultural, and transhistorical disadvantage, an objective human defect or characteristic that ought to be prevented, corrected, eliminated, or cured. That these assumptions are contestable, that it might be the case that disability is a historically and culturally specific, contingent social phenomenon, a complex apparatus of power, rather than a natural attribute or property that certain people possess, is not considered, let alone seriously entertained. This chapter (...) draws on the insights of Michel Foucault to advance a historicist and relativist conception of disability as an apparatus (dispositif) of power and identify mechanisms of power within philosophy that produce the underrepresentation of disabled philosophers in the profession and the marginalization of philosophy of disability in the discipline. -/- Keywords: disability, Michel Foucault, apparatus, historicist, relativist, underrepresentation of disabled philosophers. (shrink)

: This article critically examines the constitution of impairment in prenatal testing and screening practices and various discourses that surround these technologies. While technologies to test and screen prenatally are claimed to enhance women's capacity to be self-determining, make informed reproductive choices, and, in effect, wrest control of their bodies from a patriarchal medical establishment, I contend that this emerging relation between pregnant women and reproductive technologies is a new strategy of a form of power that began to emerge in (...) the late eighteenth century. Indeed, my argument is that the constitution of prenatal impairment, by and through these practices and procedures, is a widening form of modern government that increasingly limits the field of possible conduct in response to pregnancy. Hence, the government of impairment in utero is inextricably intertwined with the government of the maternal body. (shrink)

Recent controversies surrounding Michel Foucault suggest tensions and unresolved issues in his unfinished work. Here we interrogate Foucault’s legacy in relation to his claim that the welfare-state is a secularization of the Christian pastorate. We challenge Foucault’s binary narrative of the Christian flock versus the Graeco-Roman citizen and expand the focus to other ‘technologies of power’ in medieval Islam. Rather than an outburst of governmentality in modernity, we suggest a transregional and longue durée history of which the (...) Christian pastorate was merely one facet. This non-binary framework indicates that Foucault’s claim of a ‘demonic’ fusion of sovereign and pastoral power in modern politics requires significant revisitation. Finally, we claim that Foucault’s much-discussed fascination with neoliberalism may have roots in this one-sided narrative regarding the birth of the welfare-state. (shrink)

Although Foucault’s 1979 lectures on The Birth of Biopolitics promised to treat the theme of biopolitics, the course deals at length with neoliberalism while mentioning biopolitics hardly at all. Some scholars account for this elision by claiming that Foucault sympathized with neoliberalism; I argue on the contrary that Foucault develops a penetrating critique of the neoliberal claim to preserve individual liberty. Following Foucault, I show that the Chicago economist Gary Becker exemplifies what Foucault describes elsewhere (...) as biopolitics: a form of power applied to the behavior of a population through the normalizing use of statistics. Although Becker’s preference for indirect intervention might seem to preserve the independence of individuals, under biopolitics individual liberty is itself the means by which populations are governed indirectly. In my view, by describing the history and ambivalence of neoliberal biopolitics, Foucault fosters a critical vigilance that is the precondition for creative political resistance. (shrink)

How Propaganda Became Public Relations pulls back the curtain on propaganda: how it was born, how it works, and how it has masked the bulk of its operations by rebranding itself as public relations. Cory Wimberly uses archival materials and wide variety of sources — Foucault’s work on governmentality, political economy, liberalism, mass psychology, and history — to mount a genealogical challenge to two commonplaces about propaganda. First, modern propaganda did not originate in the state and was never primarily (...) located in the state; instead, it began and flourished as a for-profit service for businesses. Further, propaganda is not focused on public beliefs and does not operate mainly through lies and deceit; propaganda is an apparatus of government that aims to create the publics that will freely undertake the conduct its clients’ desire. Businesses have used propaganda since the early twentieth century to construct the laboring, consuming, and voting publics that they needed to secure and grow their operations. Over that time, corporations have become the most numerous and well-funded apparatuses of government in the West, operating privately and without democratic accountability. Wimberly explains why liberal strategies of resistance have failed and a new focus on creating mass subjectivity through democratic means is essential to countering propaganda. This book offers a sophisticated analysis that will be of interest to scholars and advanced students working in social and political philosophy, Continental philosophy, political communication, the history of capitalism, and the history of public relations. (shrink)

With the coronavirus pandemic and the Omicron variant once again forcing countries into lockdown, this essay seeks to outline a Foucauldian critique of various legal measures taken by the Danish government to cope with COVID-19 during the first year and a half of the pandemic. The essay takes a critical look at the extra-legal measures employed by the Danish government, as the Danish politicians attempted to halt the spread of the, now almost forgotten, Cluster 5 COVID-19 variant. This (...) situation will serve as a critical point from where to start using Foucault’s writings on life and biopolitics in order to expose various legally problematic governmental decisions that became visible during the handling of COVID-19 in general and the Cluster 5 mutation in particular. Reframing the pandemic within Foucault’s concept of biopolitics, this essay concludes that the state of exception has led to an increase in biopolitical logic, where some lives have come to matter more than others. As a critical counterpoint to this logic, the conclusion suggests that the notion of biocommunism could provide a suitable reconfiguration of communism. A reconfiguration that could mitigate some of the issues related to biopolitics is uncovered earlier in the essay. (shrink)

Critical diversity studies (CDS) can be found within “traditional,” or “established,” university disciplines, such as philosophy, as well as in relatively newer departments of the university, such as African studies departments, women’s and gender studies departments, and disability studies departments. In this article, therefore, I explain why philosophy of disability, an emerging subfield in the discipline of philosophy, should be recognized as an emerging area of CDS also. My discussion in the article situates philosophy of disability in (...) CDS by both distinguishing this new subfield’s claims about disability from the arguments about disability that mainstream philosophers make and identifying the assumptions about social construction and antiessentialism that philosophy of disability shares with other areas of CDS. The discussion is designed to show that a (feminist) philosophy of disability that draws upon the work of Michel Foucault will transform how philosophers understand the situation of disabled people. By drawing upon Foucault, that is, I offer philosophers of disability and other practitioners of CDS a new understanding of disability as an apparatus of power relations. -/- . (shrink)

ABSTRACT: With this article, I advance a historicist and relativist feminist philosophy of disability. I argue that Foucault’s insights offer the most astute tools with which to engage in this intellectual enterprise. Genealogy, the technique of investigation that Friedrich Nietzsche famously introduced and that Foucault took up and adapted in his own work, demonstrates that Foucault’s historicist approach has greater explanatory power and transgressive potential for analyses of disability than his critics in disability studies (...) have thus far recognized. I show how a feminist philosophy of disability that employs Foucault’s technique of genealogy avoids ahistorical, teleological, and transcultural assumptions that beleaguer much work in disability studies. The article also situates feminist philosophical work on disability squarely in age-old debates in (Eurocentric) Western philosophy about universalism vs. relativism, materialism vs. idealism, realism vs. nominalism, and freewill vs. determinism, as well as contributes to ongoing discussions in (Western) feminist philosophy and theory about (among other things) essentialism vs. constructivism, identity, race, sexuality, agency, and experience. (shrink)

The central task of this book is to map a subtle but significant addition to the political discourse on liberty since the early modern period; a gradual shift of focus form the individual secure in spheres of non-interference, or acting in accordance with authentic desires and beliefs, to the actions of a self at liberty. Being free stands opposed, classically, to being in someone else’s power, being subject to the will of another – in particular, to being constrained by the (...) intentional actions of others. “Constrained” usually means having choices or opportunities taken away or limited by the designs of others. But what if we press the connection between intentions and constraints a bit further, focusing less on negative constraints and more on enabling ones? Constrained or unfree, that is, not simply through a limitation of choices or options, but where free choices and intentions themselves become the object of theoretical and practical attention. What does it mean to be free or unfree in relation to these kinds of “constraints”? (shrink)

In Foucault’s theoretical writings, the problem of experience occurs in two shapes: his discussions of “limit-experience” and his definition of “experience.” In this article, I propose an interpretation of the concept of “limit-experience” in Foucault’s historiography according to which experience is already limit-experience, and not its static and confining other. I claim that Foucault’s concept of experience involves spatially and temporally indexed, rule-governed practices and that his interrogation of experience becomes critical not by referring to some other (...) of reason but by rendering visible the flip side of the limits of our own space of reasons. The argument in support of my interpretation of Foucault develops in two parts: 1) Foucault’s “methodology” should be seen not as historicizing the transcendental, but as giving it up. 2) This renunciation of the transcendental is nonetheless only intelligible and motivated against the background of the problematic of experience in Kant and Hegel. It thereby becomes possible to provide not a foundation but a justification for a Foucaultian critique of the limits of experience. (shrink)

Few scholars have explored the founding documents to identify the deliberate social change strategy that led to America's independence and a new form of government that was of, by, and for the people. This study aimed to apply a post-hoc polytheoretical framework of power to the findings of a democratic social change study to understand the dynamics of power between Great Britain and the American colonists. The original study employed the constructivist grounded theory tradition to explore democracy in the (...) Declaration of Independence, the Articles of Confederation, The Federalist Papers, and the United States Constitution. This produced two frameworks of power strategies, one empowering and the other demoralizing: principles of democracy and anti-democratic tenets. To gain a holistic perspective of the interplay of power, a polytheoretical framework of power consisting of theories of power proposed by Marx and Engels, Bourdieu, and Foucault was employed to discuss the findings. The findings suggested that democratic social change interacts with structural forces, culture, and power strategy selection. This could provide an alternative lens through which to explore whether people of color in America were used instrumentally to sustain democracy. (shrink)

This essay highlights a methodological weakness in Foucault’s genealogy of neoliberalism often mistaken for a biographical shift in his philosophy. Naissance de la biopolitique is sometimes interpreted as evidence for Foucault’s conversion to neoliberalism, whereas its lack of critical acuity stems rather from its methodological limitations. Through a discussion of the “neoliberal conversion”-thesis, I highlight those limitations. Though Foucault’s appreciative tone in his neoliberalism lectures is surprising, his aim is mainly to defamiliarize readers from the dominant mode (...) of neoliberal rationality so that they can affirm the creative potential to foster new conducts, new identities, and new rationalities. Foucault did not convert to neoliberalism, but sought to destabilise it by revealing its historical contingency. However, as Foucault’s surprisingly positive tone shows, this strategy is insufficient for combatting neoliberalism. There is an elective affinity between Foucault’s own politics of creative self-reinvention and neoliberalism’s promise of a non-invasive, post-disciplinary government by indirect economic incentives alone. Foucault’s libertine stance toward subjectivity hence seems easily integrated into a neoliberal conduct of conducts. I propose to supplement Foucault’s genealogical method as he deploys it in Naissance de la biopolitique with an immanent critique of neoliberalism from the perspective of the governed. Rather than investigating neoliberal rationality as a promising endeavour for the future, we can study the real-life implementations of neoliberalism and their effects on subjective conducts. Neoliberal rationality is involved in a permanent struggle to shape the conduct of conducts along entrepreneurial and competitive lines, but subjects are refractory living beings whose conducts are not so simply transformed. Neoliberalism has had to give up its post-disciplinary aspirations and turn to the power of discipline and abandonment to enforce neoliberal norms of conduct. Neoliberalism has transformed into a negative biopolitics that sacrifices the lives of unproductive subjects as collateral damage to the overall welfare of the population. Immanent critique thereby reveals how subjects are pushed beyond their limits until neoliberal norms of conduct become unbearable. This intolerability of neoliberalism cannot be directly deduced from the writings of Becker, Friedman, or Hayek.111 It becomes manifest in the confrontation between neoliberal rationality and the material living bodies of finite human beings unable to be stretched in the ways neoliberalism requires. (shrink)

According to Streeck and Vogl, the neoliberalization of the state has been the result of political-economic developments that render the state dependent on financial markets. However, they do not explain the discursive shifts that would have been required for demoting the state to the role of an agent to bondholders. I propose to explain this shift via the performative effect of neoliberal agency theory. In 1976, Michael Jensen and William Meckling claimed that corporate managers are agents to shareholding principals, which (...) implied that their main task was the procurement of shareholder value. Agency theory subsequently prescribes a series of measures to ensure the alignment of principal and agent interests in corporations. The diffusion of agency theory, however, moved beyond corporate governance to reconfigure the state. Due to its reliance on capital markets, the state supposedly likewise becomes an agent of the investment public and should procure bondholder value. (shrink)

What is the relation between the ethics, the law, and the governance of the digital? In this article I articulate and defend what I consider the most reasonable answer.

This article presents a new account of the relationship between Michel Foucault’s work and neoliberalism, aiming to show that the relationship is significantly more complicated than either Foucault’s critics or defenders have appreciated in the recent controversy. On the one hand, I argue that Foucault’s salutary response to some of Gary Becker’s ideas in the lecture course from 1979 should be read together with the argument of Discipline and Punish. By means of this contextualization I show that (...) Foucault’s sympathetic response to Becker is limited to the domain of penal practices, specifically concerning the question of how to resist their rationality of normalization, and thus it involves no broader commitment to neoliberal economic theory or its political implications. On the other hand, however, I argue that there is a strategic allegiance between Foucault’s work and the ascendance of the neoliberal rationality of governing, although it has nothing to do with his sympathetic engagement with Becker’s work. Instead, I explain how Foucault’s focus on the political stakes of subjectivity has helped to congeal, in the posthumous neoliberal context, a conception of politics that leaves out the topic of economic equality. To explain how Foucault’s work has had this unintended yet lasting effect, I introduce the concept of topical exclusion. It designates a social mechanism of producing ignorance, which operates by directing attention instead of creating false consciousness. The strategic relationship between Foucault’s work and neoliberalism today illustrates that this type of explanation is essential in the analysis of power relations. Thus, my account motivates the adoption of topical exclusion as a conceptual supplement that equips the Foucaultian framework to study cases in which relations of power harness, produce, and sustain ignorance, not knowledge. (shrink)

Since the completion of the human genome project in 2003, genomic sequencing, analysis, and interpretation have become staples of research in medicine and the life sciences more generally. While much ink has been spilled concerning genomics’ precipitous rise, there is little agreement among scholars concerning its meaning, both in general and with respect to our current moment. Some claim genomics is neither new, nor noteworthy; others claim it is a novel and worrisome instrument of newgenics. Contrary to the approaches of (...) Foucault scholars in both camps, in this paper I utilize research in philosophy of disability to argue that genomics is indeed noteworthy as a unique form of biopower and that its primary function is to precisify impairments in contradistinction to disability. I call the force at play in this process genopower. (shrink)

In the early 20th century, the most numerous and well-funded institutions in the United States—corporations—used public relations to make a widespread and fundamental change in the way they constitute and regulate their relations of knowledge with the public. Today, we can see this change reflected in a variety of areas such as journalism, political outreach, social media, and in the ‘fake news’ and ‘post-truth’ administration of Donald J. Trump. This article traces practices of corporate truth-telling and knowledge production across three (...) periods I will call the personal, the legal, and public relations, which are roughly coincident with the antebellum period, the Gilded Age, and the 20th century, respectively. In sum, what can be found in public relations and now broadly across society, is that relations of knowledge have come to be refigured as relations of power, subordinating traditional epistemological concerns like justification and belief in favor of government and control. (shrink)

Algorithmic governmentality is a new form of political governance interconnected with technology and computation. By coining the term “algorithmic governmentality,” Antoinette Rouvroy argues that this mode of governance reduces everything to data, and people are no longer individuals but dividuals (able to be divided) or readable data profiles. Implementing the concept of algorithmic governmentality, the current study analyses Project Itoh’s award-winning novel Harmony in terms of such relevant concepts as “subjectivity,” “infra-individuality” and “control,” as suggested by Rouvroy and colleagues. The (...) analysis further draws on Foucault’s ideas of “governmentality” and “neoliberalism” and Deleuze’s concepts of “dividuality” and “society of control.” In Itoh’s fictional world, the entire society is subject to the new medical government, which replaced the chaotic world with a perfect but harrowing benevolent society, eradicating disease, suicide and crime. As elucidated in this paper, despite the dominant controlling government, there is a hope for humans to regain and reestablish their subjectivity and give meaning to their own personality by defying the nihilistic computational system. (shrink)

Despite being assailed for decades by disability activists and disability studies scholars spanning the humanities and social sciences, the medical model of disability—which conceptualizes disability as an individual tragedy or misfortune due to genetic or environmental insult—still today structures many cases of patient–practitioner communication. Synthesizing and recasting work done across critical disability studies and philosophy of disability, I argue that the reason the medical model of disability remains so gallingly entrenched is due to (...) what I call the “ableist conflation” of disability with pain and suffering. In an effort to better equip healthcare practitioners and those invested in health communication to challenge disability stigma, discrimination, and oppression, I lay out the logic of the ableist conflation and interrogate examples of its use. I argue that insofar as the semiosis of pain and suffering is structured by the lived experience of unwelcome bodily transition or variation, experiences of pain inform the ableist conflation by preemptively tying such variability and its attendant disequilibrium to disability. I conclude by discussing how philosophy of disability and critical disability studies might better inform health communication concerning disability, offering a number of conceptual distinctions toward that end. (shrink)

In recent decades, the intertwining ideas of self-determination and well-being have received tremendous support in bioethics. Discussions regarding self-determination, or autonomy, often focus on two dimensions—the capacity of the patient and the freedom from external coercion. The practice of obtaining informed consent, for example, has become a standard procedure in therapeutic and research medicine. On the surface, it appears that patients now have more opportunities to exercise their self-determination than ever. Nonetheless, discussions of patient autonomy in the bioethics literature, which (...) focus on individual patients making particular decisions, neglect the social structure within which health-care decisions are made. Looking through the lens of disability and informed by the feminist conception of relational autonomy, this essay argues that the issue of autonomy is much more complex than the individualist model suggests. The social system and the ableist ideology impose various forms of pressure or oppressive power that can affect people’s ability to choose according to their value system. Even if such powers are not directly coercive, they influence potential parents’ decisions indirectly—they structure their alternatives in such a way that certain options are never considered as viable and other decisions must be made. This paper argues that, instead of only focusing on the individual act of decision-making, we need to pay attention to the social structure that frames people’s decision. (shrink)

While traces of a post-metaphysical political theory are to be found throughout his oeuvre, Nietzsche himself never explicitly elaborates any such comprehensive theory. Yet, this chapter argues, it is possible to discern a politics beyond ressentiment and the ascetic ideal, which must be both experimental and pluralist. Inspired by Nietzsche, Foucault thinks the political as a play of force relations immanent to a concrete strategic field, and thus as a multiplicity of power relations existing in agonistic tension rather than (...) as a duality in antagonistic opposition. This makes him one of the most significant inheritors of the Nietzschean challenge to overcome the politics of ressentiment and to think instead a politics of affirmation that makes difference constitutive of the political. (shrink)

This thesis under the title “Public Health Policy in Resource Allocation: the Role of Ubuntu Ethics in Redressing Resource Disparity between Public and Private Healthcare in South Africa” explores health care disparities pertaining to resource allocation between public and private sector. It is of relevance and importance in South Africa where 54% of the population live on less than US$3 per day. Although the government has instituted certain changes aimed at transforming the public health care system, the resource allocation (...) gap between the two persists and remains wide. The research gives special attention to the role that Ubuntu ethics can play in redressing the resource allocation disparities between public and private health care sectors in South Africa, pointing out the existing gap in financing, as well as human resource between public and private health care sectors, which leads to poor health outcomes in public sector. Therefore, the problem is the prevalent inequality of resource allocation between private and public health care sectors. The analysis of policy gaps, as well as evaluating the cause of disparities in the health system is the goal of this research. The study endeavours to redress the disparities within the context of Ubuntu ethical principles and proposes a change in public policy so as to enhance healthcare for the benefit of the people. The study is philosophical and ethical, so the methodology used is discursive in nature, majorly focusing on critically reviewing existing literature, that is, the philosophical resources on Ubuntu ethics and justice theories as well as a range of government resources inclusive of public health policy documents. Social determinants of health and their impact in a South African context are discussed with the implication that health is not merely freedom from disease and or incapacity, but rather being well mentally, physically and socially. The attainment of a healthy status goes beyond ability to access healthcare services, and incorporates social determinants including but not limited to conditions in which people have been born into, stay, establish career and grow old in. It also includes the arrangements put in place to deal with illness and determine health. Issues of revenue, literacy, communal safety networks, vocation and conditions under-which vocation is undertaken, lack of work and vocation insecurity, early stages of human development, gender, cultural group, dietary insecurity, housing communal exclusion and disability all come into the picture as factors that determine health. But there is also discussion of the socio-economic status as contributors to health inequity wherein alcohol abuse, sugar intake, and smoking are identified as behavioural factors that complicate public health. One outstanding feature of this research is that it establishes a link between Ubuntu and public health policy. The researcher establishes that Ubuntu ethics is appropriate for not only discussing public morality, but also for formulating public policy that is morally tenable for South Africa, especially for the public health sector. This thesis calls for an application of Ubuntu in a proper context in order to enhance societal well-being for the benefit of many, if not all. The research proposes the fundamental principle of Ubuntu ethics in which the good of the community is as important as the good of every member of the community. Since Ubuntu ethics does not merely seek to fulfil what benefits the majority, as would be the case in a utilitarian society, the researcher advocates for the building of consensus on the common good, which should be understood to imply not just what is good for everyone in the community, but also what is good for the continued well-being of the community as a single unit. In this regard, the research finds it important that deliberate effort be made to integrate Ubuntu ethics into policies, citing the example of the National Health Insurance (NHI). The good health of all the members of a community is an assurance of the well-being and continuity of the whole national community. The research concludes that public health policy should integrate Ubuntu ethical values such as community, sharing, care, solidarity, identity, harmony, respect, and dignity into policy documents and legislation. (shrink)

I am grateful to Philip Reed for his article ‘Expressivism at the Beginning and End of Life’. His piece compellingly demonstrates the import of expanding analyses concerning the expressivist thesis beyond the reproductive sphere to the end-of-life sphere. I hope that his intervention spurns further work on this connection. In what follows, I want to focus on what I take to be moments of slippage in his use of the concept of disability, a slippage to which many disability (...) theorists succumb. In short, I argue that there are crucial moments in his argument where Reed runs together cases of disability that should be kept distinct—at minimum for the context in which he discusses them. Namely, forms of disability the suffering of which justice can eliminate versus those that ‘no amount of accessibility and social justice could eliminate’.1 Disability studies scholars and philosophers of disability have long noted that certain types of disability are often ‘left …. (shrink)

In the intersection between eugenics past and present, disability has never been far beneath the surface. Perceived and ascribed disabilities of body and mind were one of the core sets of eugenics traits that provided the basis for institutionalized and sterilization on eugenic grounds for the first 75 years of the 20th-century. Since that time, the eugenic preoccupation with the character of future generations has seeped into what have become everyday practices in the realm of reproductive choice. As Marsha (...) Saxton (2000) and Adrienne Asch (2000, 2003) have forcefully argued, the use of prenatal screening technologies to facilitate the selective abortion of fetuses with features that signify disabling traits—the paradigm here being trisomy 21 in a fetus indicating Down Syndrome in the child—express a negative view of such disabilities sufficient to warrant terminating an otherwise wanted pregnancy. The eliminative structure of what Rosemary Garland Thompson (2012) has called eugenic logic persists in contemporary practices governing reproductive choice, social inclusion, and democratic participation and their relationship to disability. The tie between eugenics and contemporary disability studies suggests that eugenics and reflection on its history can also play a more positive role in disability politics. After focusing on eugenics in the first half of the paper, we will shift in the second half of the paper to eugenic resonances in contemporary thought and practice, concluding with some thoughts about ongoing practices of silencing and the very idea of eradicating disability. (shrink)

Disability has been a topic in multiple areas of philosophical scholarship for decades. However, it is only in the last ten to fifteen years that philosophy of disability has increasingly become recognized as a distinct field. In this paper, I argue that the foundational question of continental philosophy of disability is the question of the meaning of ability. Engaging a range of canonical texts across the Western intellectual tradition, I argue that the foundational question of continental philosophy (...) of disability is the question of the meaning of ability. I then explore three pathways toward this question: the verdict of bodies, the bind of bodies and worth, and the dogma of individual ability. I contend that unlike the question of the meaning of being, the question of the meaning of ability is not simply a problem of forgetting but instead a problem of cruelty and dehumanization. (shrink)

Much academic work (in philosophy, economics, law, etc.), as well as common sense, assumes that ill health reduces well-being. It is bad for a person to become sick, injured, disabled, etc. Empirical research, however, shows that people living with health problems report surprisingly high levels of well-being - in some cases as high as the self-reported well-being of healthy people. In this chapter, I explore the relationship between health and well-being. I argue that although we have good reason to believe (...) that health problems causing pain and death typically do reduce well-being, health problems that limit capabilities probably don't reduce well-being nearly as much as most people suppose. I then briefly explore the consequences of this conclusion for political philosophy and ethics. If many health problems don't significantly reduce well-being, why should governments go to great expense to prevent or treat them? Why should parents be obliged to ensure the health of their children? (shrink)

I engage the works of Michel Foucault and Jean-Luc Marion on the nature of personhood and the self. I find Marion’s phenomenology of the “gift” a more compelling account of personhood especially granting an intuition widely shared by personalist philosophers, namely, that persons are irreducible. I end by responding to objections from within the Christian philosophical tradition.

In response to three papers about sex and disability published in this journal, I offer a critique of existing arguments and a suggestion about how the debate should be reframed going forward. Jacob M. Appel argues that disabled individuals have a right to sex and should receive a special exemption to the general prohibition of prostitution. Ezio Di Nucci and Frej Klem Thomsen separately argue contra Appel that an appeal to sex rights cannot justify such an exemption. I argue (...) that Appel’s argument fails, but not for the reasons Di Nucci and Thomsen propose, as they have missed the most pressing objection to Appel’s argument: Appel falsely presumes that we never have good reasons to restrict someone’s sexual liberty rights. More importantly, there is a major flaw in the way that all three authors frame their positive accounts. They focus on disability as a proxy for sexual exclusion, when these categories should be pulled apart: some are sexually excluded who are not disabled, while some who are disabled are not sexually excluded. I conclude that it would be less socially harmful and more productive to focus directly on sexual exclusion per se rather than on disability as a proxy for sexual exclusion. (shrink)

Existing social disparities in the United States are inconsistent with the promise of democracy; therefore, there was a need for critical conceptualization of the first principles that undergird American democracy and the genesis of democratic social change in America. This constructivist grounded theory study aimed to construct a grounded theory that provides an understanding of the process of American democratic social change as it emerged from the nation’s founding documents. A post hoc polytheoretical framework including Foucault’s, Bourdieu’s, and Marx (...) and Engels’s theories of power was used to understand power dynamics. The research question focused on understanding the process of democratic social change in America. The sample comprised the Articles of Confederation, the U.S. Declaration of Independence, The Federalist Papers, and the U.S. Constitution. The documents were retrieved from the National Archives and Library of Congress. The data analysis plan incorporated successive comparison, situational and dramaturgical analysis, deconstruction, and perspective taking as strategies. The result was the construction of a democratic social change process theory preceded by five grounded theories: (a) first principles of democracy, (b) first principles of democracy conceptual framework, (c) socio-ethical principles of democracy, (d) demoralizing process, and (e) either-or approach to democracy. Positive social change implications include applying a democratic social change process to future social change endeavors across domains and levels of analysis, a normative framework for a republican form of government, and a tool to analyze and minimize the latent consequences of social justice policies. (shrink)

At several points throughout his career, Foucault suggests that publishing texts without authors’ names attached would be a useful step towards dismantling what he calls the “author-function:” a social and political role structured according to the way discourse is treated and disseminated in a particular social setting. I discuss Foucault’s criticisms of the author-function in terms of its relationship to the political role of intellectuals, and I argue that the demise of this role cannot be achieved through the (...) means of authorial anonymity, as Foucault suggests. Rather, it must be undermined from a position within this role itself. (shrink)

Until now, philosophical debate about human embryonic stem cell (hESC) research has largely been limited to its ethical dimensions and implications. Although the importance and urgency of these ethical debates should not be underestimated, the almost undivided attention that mainstream and feminist philosophers have paid to the ethical dimensions of hESC research suggests that the only philosophically interesting questions and concerns about it are by and large ethical in nature. My argument goes some distance to challenge the assumption that ethical (...) considerations alone must be foregrounded in philosophical discussions about hESC research by introducing a critical stance on the epistemological and ontological assumptions that underlie and condition it. A central aim of the paper is to show how Foucault's insights into knowledge-power, taken in combination with Hacking's claims about styles of reasoning, can make these assumptions evident, as well as cast light on their potentially deleterious implications for disabled people. Arguing in this way also enables me to draw out constitutive effects of research on stem cells, that is, to indicate how the discursive practices surrounding research on stem cells, as well as the technology itself, contribute to the constitution of impairment. (shrink)

In this essay, we suggest practical ways to shift the framing of crisis standards of care toward disability justice. We elaborate on the vision statement provided in the 2010 Institute of Medicine (National Academy of Medicine) “Summary of Guidance for Establishing Crisis Standards of Care for Use in Disaster Situations,” which emphasizes fairness; equitable processes; community and provider engagement, education, and communication; and the rule of law. We argue that interpreting these elements through disability justice entails a commitment (...) to both distributive and recognitive justice. The disability rights movement's demand “Nothing about us, without us” requires substantive inclusion of disabled people in decision‐making related to their interests, including in crisis planning before, during, and after a pandemic like Covid‐19. (shrink)

Governments are increasingly using randomized controlled trials (RCTs) to evaluate policy interventions. RCTs are often understood to provide the highest quality evidence regarding the causal efficacy of an intervention. While randomization plays an essential epistemic role in the context of policy RCTs however, it also plays an important distributive role. By randomly assigning participants to either the intervention or control arm of an RCT, people are subject to different policies and so, often, to different types and levels of benefits. In (...) this paper, I identify one necessary condition as well as a set of sufficient conditions for the permissible use of random assignment by government agencies. I argue first that random assignment is permissible only if it is consistent with governments’ duty to realize morally important outcomes. I argue second that random assignment is permissible in cases where investigators are in a state of genuine equipoise regarding all arms of the experiment and the policy to which people have a claim of justice. Finally, I defend a set of conditions under which random assignment is permissible in cases where one or more arms of a policy RCT are reasonably expected to be either superior or inferior to this policy. (shrink)

Walter Sinnott-Armstrong and Franklin G Miller recently argued that the wrongness of killing is best explained by the harm that comes to the victim, and that ‘total disability’ best explains the nature of this harm. Hence, killing patients who are already totally disabled is not wrong. I maintain that their notion of total disability is ambiguous and that they beg the question with respect to whether there are abilities left over that remain relevant for the goods of personhood (...) and human worth. If these goods remain, then something more is lost in death than in ‘total disability,’ and their explanation of what makes killing wrong comes up short. But if total disability is equivalent with death, then their argument is an interesting one. (shrink)

For Foucault, Hobbes is important for the transition from sovereignty to governmentality, but he does not always go into great detail how. In “Society Must Be Defended”, Hobbes’s reactions against the political historicism of his time lead him to an ahistorical foundation to the state. In Security, Territory, Population, his contract is emblematic of the art of government still caught in the logic of sovereignty. Management techniques, one of which being inheritance laws like primogeniture, inducing changes in a (...) population’s milieu so that its interest is properly directed allow the art of government to escape this logic. Hobbes supports primogeniture, but its historical position in the common law makes this support unexpected. This article examines the historical context of primogeniture and the reasoning for Hobbes’s support of it in light of Foucault’s claims about him in order to give more precision to those claims. The result is that primogeniture as a law of nature produces the family as an interested unit of the population. Yet this interest is itself historicized, so Hobbes’s attempt to de-historicize politics did not fully succeed. (shrink)

The present paper motivates one possible answer to Kant’s question, “What remains of the Enlightenment?” by reinterpreting the relation between Foucault and critical tradition from Kant to the Frankfurt School. The Enlightenment has left us with “normative superstition,” or a healthy form of skepticism about the justification of modern institutions and ideals. Along these lines, I adopt an interpretation of Foucault that diverges from the standard view. I argue that he shares with his detractors a common heritage of (...) this “critical attitude,” placing him squarely in line with Kant, Hegel, and critical theory generally. If it is possible to view this critical attitude as an expression of Enlightenment-oriented views, then there are reasons to believe that his so-called “postmodernism” is nothing more than hyper-modernism. The lines of this last argument have been made elsewhere, notably in Robert Pippin’s important work, but there is a need to situate Foucault in the unfolding narrative of modernity, rather than label him a hostile opponent to it. In my view, the “Foucault addiction” now so popular is consistent with the critical tradition and the aim of this paper is to develop this claim. (shrink)

Current health care standards, in many countries, Australia included, are regrettably poor. Surprisingly, practitioners and treating teams alike in mental health and disability sectors, in particular, make far too many basic care-related mistakes, in addition to the already abundant diagnostic mistakes that cause and amplify great harm. In part, too many practitioners also fail to distinguish adverse effects for what they are and all too often treat adverse effects, instead, as comorbidities. Diagnostic failures are dangerous, the result of which (...) generates and perpetuates harms that are extremely costly in terms of patient welfare, in addition to the financial burden placed on everyone. In this essay, I contend that the authority bestowed upon psychiatry is misplaced. Subsequently, this misplaced authority affects the governing and investigatory institutions reliant and informed by psychiatry. The examination process undertaken in this investigation traces the metaphysics of psychiatric disorders relative to the Diagnostic-Statistical-Manual (DSM) in all its iterations and to the epistemological construction process that serves to underpin the fundamentals of psychiatric practice. There exists a crisis of confidence in psychiatric practice and I urge drastic reform be undertaken to arrest the damage. (shrink)

The study investigated principals’ supervisory techniques for combating corruption and the attainment of quality school governance. Two null hypotheses were formulated. The ex-post facto research design was adopted for the study. Census technique was used to draw the entire population of 81 principals from all the public secondary schools in Aba Education Zone of Abia State. Data collection was carried out with the use of a research instrument titled: “Principals’ Supervisory Techniques for Combating Corruption and Attainment of Quality School Governance (...) Questionnaire (PSTCCAQSGQ)”. The instrument was validated by two experts of Test and Measurement in the Department of Educational Foundations, University of Calabar. The reliability value obtained was .88 using Cronbach Alpha technique. One-way analysis of variance was used in testing the null hypotheses at .05 level of significance. Findings revealed that there is a significant influence of principals’ clinical and demonstration techniques of supervision for combating corruption on quality school governance. Based on the findings, it was concluded that school governance should be enhanced with supervisory techniques by principals for the attainment of anti-corruption culture in Aba education zone of Abia State, Nigeria. (shrink)

What are we to make of the fact that world leaders, such as Canada’s Justin Trudeau, have, within the last few decades, offered official apologies for a whole host of past injustices? Scholars have largely dealt with this phenomenon as a moral question, seeing in these expressions of contrition a radical disruption of contemporary neoliberal individualism, a promise of a more humane world. Focusing on Canadian apology politics, this essay instead proposes a nonideal approach to state apologies, sidestepping questions of (...) what they ought to do and focusing instead on their actual functioning as political acts. Through a sociologically informed speech act theory and Foucault’s work on power, apology is conceptualized as a speech act with an essentially relational nature. The state, through apologizing, reaffirms the norms governing its relationship to its subjects at a moment when a past transgression threatens to destabilize this relation. From a Foucauldian point of view, the state’s power inheres in the very stability of the state–citizen relation, and we should therefore see apologies as defensive moves to protect state hegemony. In the context of Western liberal democracies, such as Canada, apologies embody, rather than challenge, the logic of neoliberal governmentality by suggesting that everything, including resentment against the state, can be managed within the current status quo. Nevertheless, total cynicism about apology politics is not warranted. In many indigenous apology campaigners’ demands for contrition we see another side of apologies: their potential to bring about change by enacting counterhegemonic relations to the state. (shrink)

The debate about how to interpret Foucault’s writings on neoliberalism has been going on for a while now: where some see in The Birth of Biopolitics a devastating critique of neoliberal reason, others see a laudatory exposition. Mitchell Dean and Daniel Zamora’s recent book The Last Man Takes LSD: Foucault and the End of Revolution is the newest contribution to this dispute. In it, the two authors rearticulate in book-length the position they have previously defended in several articles (...) and book chapters: that Foucault was enticed by neoliberal thought and that his reading of Gary Becker and others significantly affected the intellectual trajectory of his later years. While the arguments about what Foucault really thought of neoliberalism are central to the book – and many will no doubt find fault with its interpretation of Foucault in this regard – I set the somewhat tired exegetical debates aside for the purposes of this review. Instead, I focus on the book’s, in my opinion, more interesting project of analysing the broader relations between neoliberalism, Foucauldian thought and Left politics. Despite being a well-written and in many places highly interesting and worthwhile book, it ultimately falls short of a compelling analysis in this regard. (shrink)

ABSTRACT In this article, I indicate how the naturalized and individualized conception of disability that prevails in philosophy informs the indifference of philosophers to the predictable COVID-19 tragedy that has unfolded in nursing homes, supported living centers, psychiatric institutions, and other institutions in which elders and younger disabled people are placed. I maintain that, insofar as feminist and other discourses represent these institutions as sites of care and love, they enact structural gaslighting. I argue, therefore, that philosophers must engage (...) in conceptual engineering with respect to how disability and these institutions are understood and represented. To substantiate my argument, I trace the sequence of catastrophic events that have occurred in nursing homes in Canada and in the Canadian province of Ontario in particular during the pandemic, tying these events to other past and current eugenic practices produced in the Canadian context. The crux of the article is that the COVID-19 pandemic has thrown into vivid relief the carceral character of nursing homes and other congregate settings in which elders and younger disabled people are confined. -/- KEYWORDS carceral, conceptual engineering, nursing home-industrial-complex, philosophy of disability, structural gaslighting. (shrink)

This chapter is particularly concerned with the status of history, dance history especially, within Dance Studies. It asks what has befallen the more recent status of history, once an epistemological support at a critical stage in Dance Studies’s early development, now that Dance Studies is better established, relatively speaking, within the academy. Is history so much scaffolding which, having fulfilled its purpose in enabling the disciplinary plant to take root, is to be dismantled and, if not actually discarded, at least (...) demoted? Three factors will be identified and proposed as having particular significance in this connection, imbuing this chapter with a tri-partite structure. The first concerns the already noted strong imprint of Cultural Studies on Dance Studies and the possible bearing of this imprint on dance history’s status within Dance Studies. For the particular manner in which Dance Studies has construed Cultural Studies may, this chapter will suggest, have impacted upon dance history’s standing within communities of dance scholarship. The second factor has to do with the implications, for dance history, of a particular critique based in a branch of dance scholarship, that perceives phenomenology, which it deems a good fit for dance inquiry, as inherently antithetical to history. In particular, this critique takes the work of Michel Foucault - which it identifies closely with, and as, historical practice - as incompatible with dance enquiry. Incompatibility is staked on the twin grounds of Foucault’s break with, and supposed resulting and enduring antipathy towards, phenomenology; and his perceived embrace of history which is, itself, also understood to result from such a break. In effect, then, this critique questions the very suitability, for dance research, of approaches based in history-focussed inquiry. The ability to call this critique into question, in the ways that the present discussion, in seeking to rehabilitate Foucault, and so history, needs to demonstrate, constitutes the third factor. This final factor makes two particular, further demands of this chapter. Namely that the interrelated questions of Foucault, phenomenology, and dance; and of the position which phenomenology has itself adopted in relation to history, be re-visited and re-evaluated to the extent that space reasonably allows. Fortunately, these interrelated questions are ones which have - relatively recently - preoccupied scholarship on Foucault, and on phenomenology, respectively. This preoccupation may in and of itself be one possible indicator that there is indeed more at stake, and so to consider, regarding both questions, than the lines drawn by the aforementioned critique might suggest. (shrink)

Gerald Dworkin provides an insightful starting point for determining acceptable paternalism through his commitment to protecting our future autonomy and health from lasting damage. Dworkin grounds his argument in an appeal to inherent goods, which this paper argues is best considered as a commitment to human flourishing. However, socialconnectedness is also fundamental to human flourishing and an important consideration when determining the just limits of paternalistic drug controls, a point missing from Dworkin’ essay. For British philosopher Thomas Hill Green, regulation (...) of alcohol sales emerged from the social ideal. Green argued that policy interventions, including restricted opening hours and locations, improved the conditions for humans to flourish. Green offers a compelling political vision but fails to account for the fact pleasure is also an inherent good. He focused excessively on our social nature, excluding our more pleasure-seeking and egoistic characteristics. In contrast, a more realistic and complete vision of human flourishing can be found in an amended version of Gerald’s Dworkin’s arguments. In conclusion, this paper argues drug policy makers should remain committed to the harm principle as applied to criminal law whereby a person should never be criminalized for self-harm. Such a limit on paternalistic interventions is deemed necessary when eudaimonia is the end of government action. In practical terms, this means that the criminalization of drug use, as opposed to drug production, is always unjust. (shrink)