The Law and Economics Tradition and Workers with Disabilities

Résumé du livre

This article explores what legal scholars might learn from the neo-classical Law and Economics tradition in order to more effectively promote the equality rights of workers with disabilities. A long marginalized group that has to date received relatively little attention from Canadian legal scholars, people with disabilities experience systemic barriers in many aspects of society including in employment, education and transportation. The social model of disablement has identified structural barriers in society as the primary issue responsible for the marginalization of people with disabilities. However, there has been to date little engagement in Canadian disability rights scholarship with the Law and Economics tradition and this article attempts an initial and tentative overview. Popularized by scholars as Richard Posner, the Law and Economics tradition has become increasingly influential and seeks to use the tools offered by neo-classical economics to analyze the efficiency of legal rules as rational actors seek to maximize their utility. Reflecting insights from both the Canadian and American experience, this article proposes to critique the tools of neo-classical economics to discern what elements might prove to be useful in empowering people with disabilities in the workplace. Through a critical appraisal of Law and Economics concepts such as cost-benefit analysis, statistical discrimination and the traditional neo-classical notion of unions as monopolies, some parameters are set for further inquiry.