Problematizing Vulnerability: Engaging Studies in Ableism and Disability Jurisprudence (Draft) Fiona Kumari Campbell Keynote Legal Intersections Research Centre, Disability at the Margins: Vulnerability, Empowerment and the Criminal Law, University of Wollongong, Wednesday 27 November 2013. Griffith Law School Griffith University Adjunct Professor, Department of Disability Studies, Faculty of Medicine, University of Kelaniya, Sri Lanka
[email protected] Not for quotation or citation without the permission of the author. 1 Introduction 1 This paper builds upon over a decade of work around developing the concept of ableism, its nuances and theoretical application in the lifeworld of people with disability. I extend the theoretical scoping developed in my major work Contours of Ableism (2009), especially around matters interconnected to relationality – causality, vulnerability and social exclusion. The grounded context of my discussion is situated within the discipline of law and the ‘vulnerable’/disabled subject of public policy and law. The paper is divided in two parts. Part 1 outlines ableist terrains , scoping disability as relational, a synopsis of studies in ableism, the building blocks of theory about ableism and social exclusion. Part 2 concerns the application of ableism in to notions of vulnerability and consequences for judicial and state action. The paper will introduce studies in ableism with particular attention to adopting ableism as a methodology for ‘problem’ appraisal and strategies for inclusion. It will then interrogate dominant discourses of vulnerability (disabled people as vulnus or wounded, having a stable trait (Fineman, 2008, 2010, 2012; Ingram & Price, 2010; Ingram & Gallagher, 2010; Misztal, 2011) incorporating discussion around the biopolitics of disabled people as a suffering population (Butler, 2009; Kaul, 2013; Lloyd, 2008), that is an immutable, discrete insular minority and hence should be a protected class.