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Journal Cover   Canadian Journal of Disability Studies
  [14 followers]  Follow
  This is an Open Access Journal Open Access journal
   ISSN (Print) 1929-9192
   Published by University of Waterloo Homepage  [1 journal]
  • Introduction: Law, Religion, Disability

    • Authors: Ravi Malhotra, Heather Shipley
      Abstract: The intersections of religion, law and disability offer a vast spectrum of possible analytical interrogations. Yet the relationship of law, religion and disability is still an emerging research area; the overlapping challenges that are produced by barriers within religious and legal spheres offer insights regarding the lives of persons with disabilities within both religious and legal domains. 
      Issue No: Vol. 4, No. 3
  • Entre l’accommodement de la croyance religieuse et
           l’accommodement du handicap en milieu scolaire: les tribunaux
           devraient-ils adapter leur analyse?

    • Pages: 1 - 25
      Abstract: En s’inspirant d’un concept juridique développé aux États-Unis, le plus haut tribunal du pays a rendu en 1985 un jugement qui consacre l’existence du concept d’accommodement raisonnable au Canada lorsqu’il y a preuve de discrimination. Au départ imaginé pour répondre aux discriminations basées sur le motif de la croyance religieuse, l’évolution du concept permet aujourd’hui son application à d’autres contextes et à d’autres motifs prohibés : c’est notamment le cas du handicap. L’article qui suit survole l’application de ce concept en milieu scolaire à l’égard d’élèves en situation de handicap et d’élèves ayant des croyances religieuses spécifiques. Cette démarche comparative s’inscrit dans l’intention d’identifier certains obstacles rencontrés par les élèves qui revendiquent leur droit à l’éducation et à l’égalité devant les tribunaux. Celle-ci est relativement peu abordée dans les écrits scientifiques alors qu’elle revêt pourtant une importance particulière compte tenu de l’âge, de la vulnérabilité des principaux plaignants et de l’urgence de trouver une solution concrète afin de faciliter un réel accès à l’éducation. Du même souffle, l’article propose une réflexion sur l’utilisation d’un test non adapté aux caractéristiques particulières du handicap dans l’analyse des tribunaux. Le cadre normatif et les décisions récentes québécoises ont plus particulièrement servi à ces fins. 
      Issue No: Vol. 4, No. 3
  • Quakers and Disability: Theory and Practice in the 19th Century

    • Authors: Timothy Lillie
      Pages: 26 - 49
      Abstract: During the 19th century, the Religious Society of Friends, or Quakers, were among the religious groups of the time who made sure to “take care of their own,” by ensuring that sick, dependent, or disabled members of their congregations who came to their official attention were cared for. The Quaker process was heavily influenced by the book of discipline that each Yearly Meeting adopted as a set of rules for living for their members and that particularly described ways of dealing with the poor. This paper examines the Quakers of the early to mid-19th century, elements of the discipline of Indiana Yearly Meeting in particular, and examines the case of Samuel Price, who was supported as an “insane person” for 45 years. Use and interpretation of formal entries in the minutes of some parts of the Society of Friends in Indiana, in those days, is an important part of understanding what happened to Price, since the nature and extent of recording practices was deeply culturally embedded in the practices of Quakers who lived in a manner similar to that of Amish cultures in the 21st century. The paper touches on changes in the Midwestern culture that surrounded the Friends and how it affected them. Some indications of parallels for today are also examined. 
      Issue No: Vol. 4, No. 3
  • Reflections on Law in Light of Everyday Life at L’Arche

    • Authors: Thomas McMorrow
      Pages: 50 - 71
      Abstract: Even though the notion of “disability” has received ongoing critical scrutiny and re-imagination within the field of disability studies, the concept of law has often been taken for granted. Although people with intellectual disabilities figure as subjects of legal discourse, seldom are they presented as participants in it. I argue that this owes to assumptions about law that fail to recognize the diversity of ways human beings exercise agency and experience normativity. I believe that research on the relationship between “law, religion, and disability” stands to benefit from imagining law as an interactional, symbolically plural human endeavour. I build on the theoretical framework of critical legal pluralism to highlight how law arises through interaction – informally and implicitly, as well as officially and explicitly. Drawing on fieldwork I carried out in L’Arche Montréal – a faith-based community serving people with intellectual disabilities – I illustrate the creative role that people with intellectual disabilities play in the construction of legal normativity. As important as it is to ask how law affects people with intellectual disabilities, is to ask about how their actions also shape law. When it comes to asking what law means for some of the most vulnerable members of society, it is not just a question of seeing how it may function either to prevent or to remedy harm. It is also a matter of seeing the ways in which law may facilitate (while being forged by) the cultivation of relationships and the liberation of human potential. 
      Issue No: Vol. 4, No. 3
  • Propter Deformitatem: Towards a Concept of Disability in Medieval Canon

    • Authors: Brandon Parlopiano
      Pages: 72 - 102
      Abstract: Disability Studies has its roots in the increased awareness of the rights for those with disabilities and the movement for the greater actualization of those rights in the 1970s and 1980s. As part of this campaign, activists and advocacy groups tried to reframe disability as a constructed concept. They rejected the notion of disability as a static historical constant, and instead emphasized the ways in which the norms, laws, and assumptions of society “disabled” individuals. Scholars, particularly historians, soon seized on this approach and began working to show in detail the historical variability of disability and how modern notions came into being. The political background of Disability Studies has meant that many of these studies have focused on the near- history of disability and its impact on the present day. More recently, however, scholars have increasingly turned to the more distant past. 
      Issue No: Vol. 4, No. 3
  • Moving from the Implicit to the Explicit: ‘Spiritual Rights’
           and the United Nations Convention on the Rights of Persons with

    • Pages: 103 - 126
      Abstract: This article considers spiritual rights in relation to the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). It notes that unlike in other legally binding UN treaties spiritual rights is not a term covered in this convention. The purpose of the article is to explore how that exclusion happened, what it means, what lies behind it and also to suggest one way of considering how the convention might have been enriched by explicitly including spiritual rights. Firstly, the article discusses the use of the term spiritual rights. It goes on to analyse how spiritual rights are recognized in some UN treaties and not others. The article then examines the travaux préparatoires of the convention and studies how spiritual rights were excluded after an extended period of debate between delegates. The article challenges the view of some delegates that if spiritual rights is included in other conventions that should be sufficient. It uses the Christian doctrine of incarnation to explore what might be distinctive about spiritual rights for people with disabilities. Boros and Vanier’s interpretations of the doctrine are briefly considered before a fuller exploration of the “Disabled God” incarnationalism of the theologian Nancy Eiesland, who was in fact involved in the drafting of UNCRPD. The idea of the Disabled God is also shown to be meaningful outside of a Christian context with an example from Shintoism. The article concludes that whilst spiritual rights is certainly a contested term, its omission from the UNCRPD is to be lamented. 
      Issue No: Vol. 4, No. 3
  • Review of Being Mortal: Medicine and What Matters in the End by Gawande

    • Authors: Caleb Berkemeier
      Pages: 127 - 133
      Abstract: The experience of death and dying has become an event that happens within the confines of the hospital and nursing home. Gawande refers to this fact as an “experiment of making mortality a medical experience” (9), and he is writing this book to expose how the experiment is failing.
      Issue No: Vol. 4, No. 3
  • Review of Foucault, Power and Education by Ball

    • Authors: Mark Castrodale
      Pages: 134 - 141
      Abstract: In Foucault, Power and Education, Ball engages in the practice of self to re-examine his own understandings and uses of Foucault. In discussing Foucauldian theory, analytic concepts, and related methods of inquiry, the author demonstrates their usefulness in launching critiques of educational processes, institutions, and policies. He considers how Foucault has shaped his thinking about the possibilities and limits of knowing. This book is a valuable resource for students, course instructors, and researchers in the fields of Disability Studies in Education (DSE), education policy, and Critical Disability Studies (CDS), among others. Ball asserts the need for critical, self-reflexive scholarship and suggests avenues of thought for undertaking this endeavour. 
      Issue No: Vol. 4, No. 3
  • Review of Approaching Disability by Mallett & Runswick-Cole

    • Authors: Diane Driedger
      Pages: 142 - 144
      Abstract: Approaching Disability: Critical Issues and Perspectives, by Rachel Mallett and Katherine Runswick-Cole, is meant to be an introductory text for disability studies at the undergraduate and graduate studies levels, and for disabled people and scholars in general.
      Issue No: Vol. 4, No. 3
  • Review of Re-Membering by Millett-Gallant

    • Authors: Sheila Jennings
      Pages: 145 - 151
      Abstract: Re-Membering: Putting Mind and Body Back Together Following Traumatic Brain Injury is an interesting, sensitive, and thoughtful volume that will appeal to those interested in the power of disability to shape art in new and profound ways. This slim four-chapter book, written as a series of essays with illustrations, would be of interest to art students seeking to explore disability representation in the setting of a still relatively novel genre. Re-Membering would also be useful to undergraduate students interested in learning something new at the intersections of disability, impairment, art, medicine, and culture. 
      Issue No: Vol. 4, No. 3
  • Review of Psychiatry Disrupted by eds. Burstow, LeFrancois, & Diamond

    • Authors: Andrea Nicki
      Pages: 152 - 159
      Abstract: This ground-breaking collection represents a significant challenge to psychiatry and is an inspiring collaborative venture between academics, activists, and psychiatric survivors from Canada, England, and the United States. It would be a great text for undergraduate and graduate students in fields like psychology, sociology, social work, disability studies, and women and gender studies. It explores various arguments for opposing psychiatry and can assist those training in mental health professions to raise their health care practice to a higher standard of accountability. 
      Issue No: Vol. 4, No. 3
  • Review of Disability and Passing by eds. Brune & Wilson

    • Authors: Amber Reid
      Pages: 160 - 167
      Abstract: This anthology by Jeffrey A. Brune and Daniel J. Wilson brings together essays that push against the idea that there can be an easy definition of disability, wherein disability can be identified and cut out from the social surroundings in which it is situated. 
      Issue No: Vol. 4, No. 3
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