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The legal road to rights?: disabling premises, obiter dicta and the Disability Discrimination Act 1995
- Author:
- ROULSTONE Alan
- Journal article citation:
- Disability and Society, 18(2), March 2003, pp.117-131.
- Publisher:
- Taylor and Francis
This article offers a critical exploration of the current limits of the law in establishing and maintaining the rights of disabled people. By offering a critical jurisprudence perspective and applying this to the Disability Discrimination Act 1995, the article highlights the way in which pre-existing social dynamics underpin the manufacture and application of law. Despite the growth of social constructionist, realist, critical and post-modern views of laws, the continued power of natural and positivist views of laws as a supra-social code helps explain the current limits to anti-discrimination law. It is argued that, as a socially created phenomenon, law can be radically reconstructed. However, unless a fundamental reappraisal of law is undertaken, the Disability Discrimination Act and related legislation is likely to remain severely constrained.
Disabling pasts, enabling futures? How does the changing nature of capitalism impact on the disabled worker and jobseeker?
- Author:
- ROULSTONE Alan
- Journal article citation:
- Disability and Society, 17(6), October 2002, pp.627-642.
- Publisher:
- Taylor and Francis
The important shift to new social movements in progressing identity and social rights including disability rights, may have overlooked the monumental, but not irreversible loss of power in the enabling state and of old social movements. The article offers a starting point in our understanding of the changing nature of employment, its likely impact on disabled people, whilst asking for a reappraisal of the possible links between old and new social movements
Deaf and disabled, or deafness disabled: towards a human rights perspective
- Author:
- CORKER Mairian
- Publisher:
- Open University Press
- Publication year:
- 1998
- Pagination:
- 175p.,diags.,bibliog.
- Place of publication:
- Buckingham
Uses a multidisciplinary, post-modernist approach to the search for an inclusive framework for understanding deafness and disability, which aims to liberate the political potential of socio-cultural diversity and develop our thinking about disability as a form of social oppression.
Challenging the authority of the medical definition of disability: an analysis of the resistance to the social constructionist paradigm
- Author:
- DONOGHUE Christopher
- Journal article citation:
- Disability and Society, 18(2), March 2003, pp.199-208.
- Publisher:
- Taylor and Francis
This article attempts to explain why the social constructionist paradigm has failed to replace the medical model in American disability theory. The social movement led by American disability activists attempted to reframe the definition of disability using a minority group model based on the social constructionist paradigm. This paper argues that the disability movement was unable to successfully advance the social constructionist paradigm because the activists accepted the Americans With Disabilities Act (1990) despite its ideological basis in the medical model of disability, and the social constructionist theory does not adequately account for the importance of structural constraints to redefinition
Youth in society: contemporary theory, policy and practice
- Editors:
- ROCHE Jeremy, TUCKER Stanley
- Publisher:
- Sage
- Publication year:
- 1997
- Pagination:
- 270p.,bibliogs.
- Place of publication:
- London
Offers a wide ranging and critical overview of the analyses and debates surrounding young people in the UK today. Addresses the following themes and issues: citizenship, participation and empowerment; social difference and social identity; images of youth; young people and the politics of service provision; and working with young people in different contexts.