Libertarianism, Environmentalism, and Utilitarianism: An Examination of Theoretical Framework for Enforcing Title I of the Americans with Disabilities Act

Richard A. Bales

1993

Abstract:

The paper begins be highlighting the history leading up to the ADA and what the key definitions are for what qualifies as a disability. This paper explores the theoretical and practical tensions between libertarianism, environmentalism, and utilitarianism. It evaluates how each framework addresses issues of environmental degradation, resource use, and ethical responsibility. The analysis reveals that libertarianism’s strong emphasis on individual property rights often conflicts with the collective action required for environmental protection. Utilitarianism, on the other hand, supports environmentally beneficial policies if they maximize overall well-being, sometimes at the expense of individual rights. The paper argues that a meaningful reconciliation between these theories is difficult but offers critical insights into the philosophical challenges of environmental ethics and policy-making.

Keywords:
Suggested Citation:

Richard A. Bales, Libertarianism, Environmentalism, and Utilitarianism: An Examination of Theoretical Frameworks for Enforcing Title I of the Americans with Disabilities Act, 1993 Det. C.L. Rev. 1163 (1993).

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