Defining Disability in Theory and Practice: A Critique of the British Disability Discrimination Act 1995

2003 ◽  
Vol 32 (2) ◽  
pp. 159-178 ◽  
Author(s):  
CAROL WOODHAMS ◽  
SUSAN CORBY
Keyword(s):  
Public Policy ◽  
Theory And Practice ◽  
Policy Implications ◽  
The Other ◽  
Medical Evidence ◽  
Disability Discrimination ◽  
The Public ◽  
Disability Discrimination Act ◽  
Definition Of

This article presents a theoretical critique of the employment provisions of the Disability Discrimination Act (DDA) (1995), focusing on the definition of disability. It argues that the underpinning medical assumption of the statutory definition of disability is detrimental to the achievement of disability equality in the workplace and is problematic for practitioners and Employment Tribunals. In particular there are four areas of significant confusion arising from the need for medical evidence, the lack of congruence between managerial and legal definitions, the focus on the negative aspects of disability and the fact that disability is often hidden. By exploring these four themes and drawing on comparisons with the other equality laws, the article concludes that the definition of disability contained in the DDA (1995) contradicts many of the principles of the liberal equality framework that underpins it. Finally the article considers the public policy implications and suggests a new statutory approach.

Disability and equality law

2013 ◽  
pp. 42-68
Author(s):  
Gillian S. Howard ◽  
Tony Williams
Keyword(s):  
Great Britain ◽  
Northern Ireland ◽  
Race Relations ◽  
Sex Discrimination ◽  
The Other ◽  
Disability Discrimination ◽  
New Concepts ◽  
Disability Discrimination Act ◽  
Definition Of

The Equality Act 2010 (EqA) (which applies in Great Britain and not in Northern Ireland) replaces the Disability Discrimination Act 1995 (DDA) and all the other antidiscrimination statutes and regulations (e.g. Sex Discrimination Act 1975; Race Relations Act 1976). The EqA has updated, added to, and consolidated the various definitions of discrimination that existed in the previous legislation. It makes discrimination because of various ‘protected characteristics’ unlawful. Disability is one of the ‘protected characteristics’. This chapter focuses on the disability discrimination provisions of the EqA but covers some of the other ‘protected characteristics’ in passing. Originally, antidiscrimination legislation was piecemeal, inadequate, and disparate. The EqA has pulled together the various pieces of antidiscrimination legislation, added explicit detail in some areas (e.g. includes a new definition of indirect disability discrimination), new concepts (e.g. ‘discrimination on the grounds of combined characteristics’) and modified the former approach under the disability discrimination legislation concerning comparisons with an ‘able-bodied’ person. These issues are explained in the following sections.

Jainism in Danger? Temple entry and the rhetoric of religion and reform in post-colonial India

2020 ◽  
pp. 1-37
Author(s):  
MANISHA SETHI
Keyword(s):  
Twentieth Century ◽  
The State ◽  
The Other ◽  
Post Colonial ◽  
Colonial India ◽  
The Public ◽  
Public Debates ◽  
Definition Of ◽  
Open The Doors ◽  
The Relationship

Abstract A bitter debate broke out in the Digambar Jain community in the middle of the twentieth century following the passage of the Bombay Harijan Temple Entry Act in 1947, which continued until well after the promulgation of the Untouchability (Offences) Act 1955. These laws included Jains in the definition of ‘Hindu’, and thus threw open the doors of Jain temples to formerly Untouchable castes. In the eyes of its Jain opponents, this was a frontal and terrible assault on the integrity and sanctity of the Jain dharma. Those who called themselves reformists, on the other hand, insisted on the closeness between Jainism and Hinduism. Temple entry laws and the public debates over caste became occasions for the Jains not only to examine their distance—or closeness—to Hinduism, but also the relationship between their community and the state, which came to be imagined as predominantly Hindu. This article, by focusing on the Jains and this forgotten episode, hopes to illuminate the civilizational categories underlying state practices and the fraught relationship between nationalism and minorities.

scholarly journals CULTURE OF PERSONAL LANGUAGE AS A HISTORICAL AND SOCIAL EVENT

2018 ◽  
Author(s):  
Tetiana Stambulska
Keyword(s):  
Information And Communication Technologies ◽  
Communication Technologies ◽  
Theory And Practice ◽  
The Public ◽  
Communication Problems ◽  
Long Time ◽  
Information And Communication ◽  
Definition Of ◽  
Communication Culture

The article analyzed the peculiarities of the interpretation of the «communication culture» in the context of scientific researches of the past and contemporary domestic researchers. An analysis was carried out to define the concept of «communication culture of a person», the approaches to the definition of this concept are singled out. The positions of scientists concerning the role of eloquence in the formation of the linguistic personality are analyzed, the language is analyzed as a «social and psychological phenomenon», historical conditions of the formation of the concept of «communication culture» are characterized, in particular, attention is focused on the formation of the linguistic personality. It was found out that studies of the ancient traditions of the formation of the language of culture make it possible to better understand modern trends in the development of the person's communication culture. Modern studies have shown that in linguistics for a long time there was no unity in the interpretation of the concepts of «language» and «communication». Problems of the formation of the culture of broadcasting have become the object of research by eminent thinkers, beginning with the period of Antiquity. The question of the formation of a culture of speech has long traditions. Note that in European linguistics, the first decades of the twentieth century. Theoretical study and approval of the concept of «culture of language» in the scientific circulation is underway. It should be noted that in connection with the introduction of information and communication technologies in all spheres of society life has increased interest in the theory and practice of eloquence. This is explained by the fact that the active use of information and communication technologies involves the search for ways of speaking influence, both on the interpersonal and on the public level. According to authoritative experts in rhetoric, L. Matsko, O. Matsko, N. Mykhailychenko, V. Poltupets, etc., there are also communicative reasons that ensure the actual and further development of the theory and practice of oratory in the XX-beginning of the XXI century.

A French place without a cheese

Focaal ◽  
2004 ◽  
Vol 2004 (44) ◽  
pp. 72-86 ◽  
Author(s):  
Paola Filippucci
Keyword(s):  
Public Policy ◽  
Cultural Heritage ◽  
Raw Materials ◽  
The Other ◽  
Other Hand ◽  
Local Product ◽  
Definition Of

In France, the classic produit du terroir, the local product that with its mix of skill and raw materials embodies the distinctive tie between people and their terroir (soil), is cheese. Thus, when inhabitants of the Argonne say that it “does not even have a cheese”, they imply that it lacks a patrimoine (cultural heritage). On the other hand, they do make passionate claims about 'being Argonnais', conveying a marked recognition of, and attachment to, a named place in relation to which they identify themselves and others. Focusing on this paradox, this article will highlight certain assumptions regarding the definition of cultural heritage found in public policy.

Aging Ethnicity, and the Public: Policy Implications

1985 ◽  
Vol 4 (1) ◽  
pp. 1-5
Author(s):  
Peter Kong-ming New ◽  
J. Neil Henderson ◽  
Deborah K. Padgett
Keyword(s):  
Public Policy ◽  
Policy Implications ◽  
The Public

37. Absolute grounds for refusal

2018 ◽  
Author(s):  
L. Bently ◽  
B. Sherman ◽  
D. Gangjee ◽  
P. Johnson
Keyword(s):  
Public Policy ◽  
Trade Mark ◽  
The European Union ◽  
Bad Faith ◽  
Trade Marks ◽  
The Public ◽  
The Absolute ◽  
Definition Of ◽  
Absolute Grounds For Refusal ◽  
Trade Mark Registration

This chapter examines the ‘absolute’ grounds for refusing to register a trade mark as set out in section 3 of the Trade Marks Act 1994, Article 3 of the Trade Marks Directive, and Article 7 of the European Union Trade Mark Regulation (EUTMR). It first looks at the reasons for denying an application for trade mark registration before analysing the absolute grounds for refusal, which can be grouped into three general categories: whether the sign falls within the statutory definition of a trade mark found in sections 1(1) and 3(1)(a) and (2) of the Trade Marks Act 1994; whether trade marks are non-distinctive, descriptive, and generic; and whether trade marks are contrary to public policy or morality, likely to deceive the public, prohibited by law, or if the application was made in bad faith. Provisions for specially protected emblems are also considered.

Empowerment of the ageing population: a contribution to active ageing

2017 ◽  
pp. 1251-1258
Author(s):  
Ina Voelcker ◽  
Alexandre Kalache
Keyword(s):  
Public Policy ◽  
Health Promotion ◽  
Lifelong Learning ◽  
Functional Capacity ◽  
Active Ageing ◽  
Ageing Population ◽  
The Public ◽  
Policy Level ◽  
Prevention And Health Promotion ◽  
Definition Of

Empowerment is fundamental to release the potential generated by the longevity revolution and to actualize the concept of active ageing. It is a key component in the promotion and maintenance of health, the fostering of lifelong learning and social participation, as well as in the safeguarding of protection until the end of life. The definition of empowerment becomes more complex in the context of increasing numbers of the very old, with its frequent association with dementia and limited functional capacity. Active ageing highlights that ageing is a lifelong process firmly rooted in the ideas of health prevention and health promotion. Implicit to it, is the view that actions at both the personal and the public policy level are essential to optimize opportunities for people as they age.

Legal and Public Policy Implications for the Future of Comparative Advertising: A Look at U-Haul v. Jartran

1989 ◽  
Vol 8 (1) ◽  
pp. 124-142 ◽  
Author(s):  
Caryn L. Beck-Dudley ◽  
Terrell G. Williams
Keyword(s):  
Public Policy ◽  
Legal Theory ◽  
Policy Implications ◽  
Comparative Advertising ◽  
The Public ◽  
Industry Regulation ◽  
Trademark Infringement ◽  
Private Action ◽  
Lanham Act ◽  
Legal Fees

This article investigates the regulatory environment for comparative advertising in terms of industry regulation, government regulatory agencies, and private court actions under state law and the federal Lanham Act. Major legal issues are trade disparagement and defamation, trademark infringement and dilution, and deception. The Lanham Act offers protection and redress for parties injured by false, misleading or unfair comparative advertising. Legal theory for application of Lanham to comparative advertising is detailed and implications of the U-Haul vs. Jartran case, where Lanham was applied with U-Haul's being awarded more than forty million dollars in damages and legal fees, are discussed. Several public policy issues are raised including whether the FTC's private action policy serves the public interest given legal risks and costs of defending law suits.

Philosophers and Public Policy

Worldview ◽  
1971 ◽  
Vol 14 (4) ◽  
pp. 14-16
Author(s):  
Bernard Murchland
Keyword(s):  
Public Policy ◽  
The Other ◽  
Public Forum ◽  
The Public ◽  
Political Obligations ◽  
Professional Philosopher ◽  
Political Implications ◽  
The Social ◽  
Social Scene

When I first began to study philosophy, there was not much concern with its political implications. One thought of philosophers as being a few removes from the public forum, concerned with loftier matters, operating far from the untidiness of the social scene in a cool oasis where the imagination could play and consciousness unfold at its own pace. It was a pure world, to be sure, and the purist view is by no means an obsolete one. Just the other day I heard a well-known philosopher in heated argument with a campus activist say that the responsibilities of a professional philosopher end with his profession, that his political obligations qua philosopher were nil.

Of rhizomes and pointillism: David john farmerʼs influence, method and art in the field

2016 ◽  
Vol 19 (1) ◽  
pp. 30-44
Author(s):  
Richard Huff ◽  
Cynthia Cors ◽  
Jinzhou Song ◽  
Yali Pang
Keyword(s):  
Public Policy ◽  
Public Administration ◽  
Theory And Practice ◽  
Research Approach ◽  
Practical Application ◽  
Vast Array ◽  
The Public

The work of David John Farmer has been recognized as critical to the Public Policy and Administration canon. Its impact has been far-reaching both geographically because of its international application and theoretically because of the vast array of public administration challenges it can help resolve. This paper uses the concepts of rhizomatic thinking and reflexive interpretation to describe Farmerʼs work. And because a critical piece of Farmerʼs work is a bridging of the gap between theory and practice, it formally introduces Farmerʼs research approach as Farmerʼs Method. This article is intended to serve as a useful tool for students, practitioners, and theorists in understanding the vast contributions of David John Farmer and the practical application of his work.

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