Old age and disability would seem to have adverse features in common. Membership in either group suggests depleted capability, decreased social contribution, significant fragility, and heightened susceptibility to maltreatment by other people. Yet some have argued that no wrong occurs when advanced age is made disadvantageous, for the elderly have had a fair chance at the goods of life. By contract, this argument goes, there is never a fair chance for people with disabilities. This article challenges the view that takes discrimination based on disability and discrimination based on age as so discrepant that they do not deserve similar efforts for justice and argues instead for an inclusive justice that affords meaningful access to all. This argument in favor of inclusive justice relies on an examination of various accounts of the obligation of the state to liberate people from the disadvantageous effects of biases against groups to which they belong through illustrations drawn from housing policy, fees for access to public services and events, and health care.

Included in

Elder Law Commons