Justice and the Ada: Does Prioritizing and Rationing Health Care Discriminate against the Disabled?

Abstract

It is sometimes said that a society should be judged ethically by how it treats its least-fortunate or worst-off members. In one interpretation this is not a point about justice, but instead about moral virtues such as compassion and charity. In our response to the least fortunate among us, we display, or show that we lack, fundamental moral virtues of fellow feeling and concern for others in need. In a different interpretation, however, this point is about justice and a just society—the justice of a society is shown especially in how it treats its least-fortunate members.