Disability Jurisprudence Law

[Writer's Name]

[Writer's Institution]

Disability Jurisprudence Law



Introduction

As is the norm in today's main stream society, the studies involving metaphysics and even the educational principles of medical sociology, disability is constructed into an anti productive, unintelligible entity. Unfortunately, many of the individuals around us are of the belief that an individual with a disability has absolutely nothing to offer society and is thus, disregarded, ignored and even ridiculed.

With that being said, when one is concerned about the topic of disabilities, one often hears the mention of modernity, normalization and social inclusion (Campbell, 2009; Scully, 2009; Vehmas & Makela, 2009). Not to sound unforgiving or biased, but it would be considered wise to remember that there sure is a difference between an able bodied man and one with a disability. This does not mean however, that the able bodied man should have any form of an advantage over the other in terms of laws, opportunities or societal acceptance.

"Law irrespective of jurisdiction is underpinned by arcane notions of wholeness, perfection and capacity, which in turn produce an understanding of disability aligned to biomedicalism, deficiency and inherent negativity." The above quote rather sums up the thought process of many in our society. The fact that it applies is rather sad in itself. Furthermore, the fact that not many individuals have done much to change this approach and mentality is sadder yet.

For far too long, the people of the world have strived for perfection. The Spartans saw any form of genetic faults as a failure to breed the best into the civilization. The Romans viewed an individual with a disability as filthy and would never be allowed to partake in societal happenings a regular member of the clan or community. Similarly, to this day, people in places like India shun those who have certain forms of disabilities (Scully, 2009). As per the Hindu belief system, it has become a common for people to think that an individual with a disability is paying for sins in a past life.

Unfortunately, though the concept of past lives is rather out dated and man has moved on from such notions, traditions and old habits are hard to break. People with a disability are termed as untouchables. An Indian coming into contact with an untouchable often fears of having his faith ruined. The phenomenon is much more psychological than it is a matter of fact (Halberstam, 2008; Muñoz, 2007). That is the core aspect of this paper; to discuss the liberal intolerance of considering a disabled individual as something more than a concept; rather figure the individual for what he truly is, one of us and a part of society.

The purpose of this paper is to highlight how disability should not be treated as something that should be ashamed of. It should certainly not be treated as something that needs to be removed from society (Campbell, 2009). Yes, if the disability is the after affect of a disease, we should work towards making sure the said disease ...