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  • 3 - Epistemic Injustice, Disability Stigma, and Public Health Law

  • from Part I - Disability: Definitions and Theories
  • Edited by I. Glenn Cohen, Harvard Law School, Massachusetts, Carmel Shachar, Harvard Law School, Massachusetts, Anita Silvers, San Francisco State University, Michael Ashley Stein, Harvard Law School, Massachusetts
  • Book:
    Disability, Health, Law, and Bioethics
    Published online:
    08 April 2020
    Print publication:
    23 April 2020, pp 33-46

  • Summary

    The primary claim of this chapter is that public health law can integrate medical and social understandings of disability in ways that promise to reduce disability stigma and enhance epistemic justice. However, models of disability currently embedded in public health law do precisely the opposite, at least partly due to the fact that public health laws have historically assimilated medicalized models of disability. Such models are born in the nineteenth century, and they continue to exert outsized and problematic effects in shaping the impact of public health law on disabled people. Accordingly, it is impossible either to understand the deficiencies of prevailing (medical) models of disability codified in public health law or to propose solutions without sufficient grounding in the nineteenth-century roots of those models.