The global distributive implications of automatically allocating political membership according to territoriality (jus soli) and parentage (jus sanguinis) principles have largely escaped critical scrutiny. This article begins to address this considerable gap. Securing membership status in a given state or region--with its specific level of wealth, degree of stability, and human rights record--is a crucial factor in the determination of life chances. However, birthright entitlements still dominate both our imagination and our laws in the allotment of political membership to a (...) given state. In this article we explore the striking conceptual and legal similarities between intergenerational transfers of citizenship and property. The analogy between inherited citizenship and the intergenerational transfer of property allows us to use existing qualifications found in the realm of inheritance as a model for imposing restrictions on the unlimited and perpetual transmission of membership--with the aim of ameliorating its most glaring opportunity inequalities. (shrink)

This is a reply to and critique of Gregory Mankiw's recent paper "Defending the One Percent".

La versión seniana del enfoque de las capacidades define a la libertad individual en términos de la posesión de una preferencia decisiva. A través del análisis de la discusión con la definición provista por el republicanismo, se mostrará que la primera desconoce el papel que las instituciones deben jugar a la hora de proteger esas libertades y que, por lo tanto, es inadecuada. En este artículo se argumenta que, cuando esta definición es considerada dentro del marco más general del pensamiento (...) seniano, es posible hallar una solución a tales problemas, y que ella consiste en vincular las libertades con una concepción deliberativa de la democracia. Sin embargo, se mostrará que esta solución tiene costos teóricos y que parte de esa definición de la libertad o bien debe abandonarse o bien relativizarse. Senian Version of the Capability Approach defines individual freedom in terms of having a decisive preference. Through the analysis of the discussion with the definition provided by republican conceptions, it will be shown that Senian definition ignores the role that institutions should play at protecting those freedoms and that this is a reason to consider it inadequate. This article argues that, when this definition is considered in the more general framework of Senian thinking, a solution can be founded. This solution consists in the construction of a solid link between freedom as decisive preference and a deliberative conception of democracy. However, it will be argued that this solution has some theoretical costs and that part of that definition should be given up or at least relativized. (shrink)

Social inclusion/exclusion involves just/unjust social relations and social structures enabling or constraining opportunities for participation and health. In this paper, social inclusion/exclusion is explored as a dialectic. Three discourses – discourses on recognition, capabilities, and equality and citizenship – are identified within Canadian literature. Each discourse highlights a different view of the injustices leading to social exclusion and the conditions supporting inclusion and social justice. An Integrated Framework for Social Justice that incorporates the three discourses is developed and used to (...) critique the dominant focus on distributive justice within foundational Canadian nursing documents. We propose a broader conceptualization of social (in)justice that includes both relational and structural dimensions. Opportunities for multilevel interventions to promote social justice are identified. This framework is congruent with nursing's moral imperative to promote health equity and with the multiple roles played by nurses to promote social justice in everyday practice. (shrink)

The capability approach, which is closely connected to the works of Amartya Sen and Martha Nussbaum, is one possible theoretical framework that could be used to answer the question as to why poverty is a problem from a moral point of view. In this paper we will focus on the normative philosophical capability approach rather than the social scientific and descriptive perspective. We will show that the approach characterizes poverty mainly as a limitation of freedom and that it is precisely (...) this aspect, from its point of view, that makes poverty morally significant. This insight shifts the discussion away from questions regarding specific capabilities or lists of them-questions treated extensively in the literature-to the more general level of what constitutes the normative core of the capability approach. But as we will also discuss and argue, the role of freedom alone does not give us a complete picture of poverty but only presents us with one aspect relevant to evaluating it. A further aspect which we consider has not been adequately recognized and taken into account by most capability theorists is the experience of disrespect and humiliation, or to put it differently, a lack of recognition. (shrink)

Over the past 20 years, global ethics has come to be conceived in different ways. Two main tendencies can be distinguished. One asks from whence global ethics comes and defines ‘global ethics’ as arising from globalization. The other tendency is to ask whither global ethics must go and thus defines ‘global ethics’ as a destination, namely arriving at a comprehensive global ethic. I will note some types of discussion that may have been wrongly excluded from the scope of global ethics (...) by one or the other. In addition, I take notice of recent debates and concerns about risks that global ethics may become a neo-colonial activity. These concerns raise a further conceptual question. Should ‘global ethics’ be defined in a normative fashion, so as to exclude neo-colonial approaches that may be damaging to the credibility of global ethics? In response to these alternatives – whence vs. whither, descriptive vs. normative – I will propose a middle way. I begin by defining ‘global problems’ as those that will cause harm in the absence of cross-border cooperation. In a descriptive sense, any ethical statements about global problems should be included within the scope of global ethics. On the other hand, I will propose a more specific normative conception of the central task of global ethics: seeking reasonable and responsible agreement on global problems, agreement based on possibly diverse moral grounds. (shrink)

The use of the capability approach as an evaluative tool for Information and Communication Technology (ICT) policy and programs in developing countries, in particular at a grass-roots community level, is an emerging field of application. However, one of the difficulties with ICT for development (ICT4D) evaluations is in linking what is often no more than a resource, for example basic access, to actual outcomes, or means to end. This article argues that the capability approach provides a framework for evaluating the (...) strength of this linkage and that the latter is a key determinant of whether or not communities sustain ICT4D programs beyond the initial start-up phase. The argument is made by describing an evaluative application of the capabilities approach to community ICT4D programs using two Indigenous community case studies conducted in Cape York, in the far north-east of Australia. Key to the evaluative approach is the identification of community defined, context specific concepts of well-being and constitutive valued functionings and the derivation from this of required capabilities. This move away from normative definitions of capabilities or capability types to a definition that reflects the Indigenous culture, history, circumstances, and well-being aspirations of each community is intended to give a voice to the people and at the same time provide a deeper informational base—through narrative—for policy and program design than has previously been available. The article concludes that by operationalising the capability approach in a context and purpose specific way, policy and program design can be improved so as to include more communities on the margin and thereby achieve more socially inclusive ICT based development. A process is also outlined for using the evaluative application of the capability approach for community ICT4D within a policy feedback loop. (shrink)

Journal of Global Ethics, Volume 9, Issue 3, Page 249-262, December 2013.

In this article, the ability of partnerships to generate goods that enhance the quality-of-life of socially and economically deprived urban communities is explored. Drawing on Rawl's study on social justice [Rawls, J.: 1971, A Theory of Justice (Harvard University Press, Cambridge)] and Sen's capabilities approach [Sen, A.: 1992, Inequality Re-Examined (Harvard University Press, Cambridge, MA); 1999, Development as Freedom (Oxford University Press, Oxford); 2009, The Idea of Justice (Ellen Lane, London)], we undertake an ethical evaluation of the effectiveness of different (...) approaches to partnership activity in city neighbourhood regeneration. We focus, in particular, on their impact on the social regeneration of disadvantaged communities. Governance of cross-sector partnerships, built upon negotiated values and strong community voice, may result in a greater sense of procedural justice, as well as improvements to orderliness in local neighbourhoods. However, distributive justice, the accumulation of, and access to, goods that enable greater participation in society, remains largely elusive within neighbourhood partnership activity. We conclude that social provision that deals fairly with the causes of disadvantage by enhancing the capabilities of local communities and increasing social capital is likely to be a more effective and sustainable approach for partnerships, despite being a longer-term and more costly endeavour. (shrink)

In this paper we argue that Sen's defence of liberal democracy suffers from a moralistic and pro-liberal bias that renders it unable to take pluralism as seriously as it professes to do. That is because Sen’s commitment to respecting pluralism is not matched by his account of how to individuate the sorts of preferences that ought to be included in democratic deliberation. Our argument generalises as a critique of the two most common responses to the fact of pluralism in contemporary (...) (i.e. post-Rawls) liberalism: a broadly procedural understanding of autonomy and the idea of deliberative democracy. That is to say, the difficulties with pluralism we identify can be traced back to the particular version of Kantian deontology prevalent in contemporary liberalism, and to the equally prevalent aspiration to ground political legitimacy in a moralised consensus. (shrink)

The ethics of corruption cannot be analysed without simultaneously addressing the legitimacy of public office or entrusted power. This paper introduces a concept of core unethical corruption, defined as violations of distributed ethical obligations for private gain. In other words, it is suggested that what is ethically wrong with corruption is that it entails the violation of certain obligations attributed to agents. By explicitly relating corruption to obligations, this approach helps make ethical sense of the concepts of public office or (...) entrusted power, attending to the question of their legitimacy. Since distributed obligations are implied by a wide range of ethical theories, the concept of core unethical corruption also reflects a (partial) overlapping consensus on the ethics of corruption. (shrink)

While there is a substantial conceptual literature on equality in education, there has been little clarificatory discussion on the term equity, despite its frequent use in policy and planning documents. The article draws out some different ways in which equity can be understood in education. It distinguishes three forms of equity, looking at the social context when major shifts in the meaning of the term took place in English—the fourteenth century, the sixteenth century and the eighteenth century. Terming these equity (...) from below, equity from above, and equity from the middle, the analysis highlights how each helps clarify aspects of the concern with diversity within the capability approach. The conclusion drawn is that all three forms of equity need to be placed in articulation to expand capabilities in education. (shrink)

I first provide an analysis of Joel Feinberg’s anti-paternalism in terms of invalidation of reasons. Invalidation is the blocking of reasons from influencing the moral status of actions, in this case the blocking of personal good reasons from supporting liberty-limiting actions. Invalidation is shown to be distinct from moral side constraints and lexical ordering of values and reasons. I then go on to argue that anti-paternalism as invalidation is morally unreasonable on at least four grounds, none of which presuppose that (...) people can be mistaken about their own good: First, the doctrine entails that we should sometimes allow people to unintentionally severely harm or kill themselves though we could easily stop them. Second, it entails that we should sometimes allow perfectly informed and rational people to risk the lives of themselves and others, though they are in perfect agreement with us on what reasons we have to stop them for their own good. Third, the doctrine leaves unexplained why we may benevolently coerce less competent but substantially autonomous people, such as young teens, but not adults. Last, it entails that there are peculiar jumps in justifiability between very similar actions. I conclude that as liberals we should reject anti-paternalism and focus our efforts on explicating important liberal values, thereby showing why liberty reasons sometimes override strong personal good reasons, though never by making them invalid. (shrink)

Health-related Quality of Life measures have recently been attacked from two directions, both of which criticize the preference-based method of evaluating health states they typically incorporate. One attack, based on work by Daniel Kahneman and others, argues that ‘experience’ is a better basis for evaluation. The other, inspired by Amartya Sen, argues that ‘capability’ should be the guiding concept. In addition, opinion differs as to whether health evaluation measures are best derived from consultations with the general public, with patients, or (...) with health professionals. And there is disagreement about whether these opinions should be solicited individually and aggregated, or derived instead from a process of collective deliberation. These distinctions yield a wide variety of possible approaches, with potentially differing policy implications. We consider some areas of disagreement between some of these approaches. We show that many of the perspectives seem to capture something important, such that it may be a mistake to reject any of them. Instead we suggest that some of the existing ‘instruments’ designed to measure HR QoLs may in fact successfully already combine these attributes, and with further refinement such instruments may be able to provide a reasonable reconciliation between the perspectives. (shrink)

People with cognitive disabilities are equal citizens, and law ought to show respect for them as full equals. To do so, law must provide such people with equal entitlements to medical care, housing, and other economic needs. But law must also go further, providing people with disabilities truly equal access to education, even when that is costly and involves considerable change in current methods of instruction. The central theme of this essay is what is required in order to give such (...) people political and civil rights on a basis of genuine equality. (shrink)

This paper introduces this mini-series on vertical equity in health care. It reflects on the fact that by and large equity policies in health care have failed and that there is a need for positive discriminationto promote equity better in future. This positive discrimination is examined under the heading of`vertical equity'. The paper considers Varian's notion of 'envy' as a basis for equity in health care but concludes that this is not a helpful route to go down. Better it would (...) seem to pursue the idea from Sen of 'freedoms' and 'communitarian claims' (as raised previously by this author). While it is argued that procedural justice is to be preferred in the longer run as a basis for equity there are gains in adopting a short run goal of promoting distributive justice. Some preliminary evidence is presented on the weighting of health gains to reflect such vertical equity concerns. (shrink)

This paper offers a realist critique of socialresearch on health inequalities. A conspectus of thefield of health inequalities research identifies twomain research approaches: the positivist quantitativesurvey and the interpretivist qualitative `casestudy'. We argue that both approaches suffer fromserious philosophical limitations. We suggest that aturn to realism offers a productive `third way' bothfor the development of health inequality research inparticular and for the social scientific understandingof the complexities of the social world in general.

. The paper discusses a needed double transformation of democracy, of its institutional form and its normative ideal, in three steps. First, the Author takes for granted that the empirical fact of the increasing scope and intensity of global interaction and interdependence are not sufficient to decide the issue between gradualists and transformationalists. Indeed, gradualists and transformationalists share an underlying conception that leads to a particular emphasis in modern theories on legal institutions. This same set of problems emerges in contemporary (...) conceptions of cosmopolitan democracy, especially those formulated by Held and Habermas. Second, he considers the more decentered alternatives, which make contestation through global networks the central feature of democracy beyond the state. Third, he develops an alternative, plural, and decentered conception based on an account of democratization outside the nation state, not on a particular version of the democratic ideal.*. (shrink)

In what follows I consider whether the idea of a person's interest or good might be better understood through that of care or concern for that person for her sake, rather than conversely, as is ordinarily assumed. Contrary to desire-satisfaction theories of interest, such an account can explain why not everything a person rationally desires is part of her good, since what a person sensibly wants is not necessarily what we would sensibly want, insofar as we care about her. First, (...) however, a tale: There was no other explanation which seemed reasonable. … [W]as it not reasonable to assume that he meant never to claim his birth-right? If this were so, what right had he, William Cecil Clayton, to thwart the wishes, to balk the self-sacrifice of this strange man? If Tarzan of the Apes could do this thing to save Jane Porter from unhappiness, why should he, to whose care she was intrusting her whole future, do aught to jeopardize her interests? (shrink)

One-third of all human lives end in early death from poverty-related causes. Most of these premature deaths are avoidable through global institutional reforms that would eradicate extreme poverty. Many are also avoidable through global health-system reform that would make medical knowledge freely available as a global public good. The rules should be redesigned so that the development of any new drug is rewarded in proportion to its impact on the global disease burden (not through monopoly rents). This reform would bring (...) drug prices down worldwide close to their marginal cost of production and would powerfully stimulate pharmaceutical research into currently neglected diseases concentrated among the poor. Its feasibility shows that the existing medical-patent regime (trade-related aspects of intellectual property rights—TRIPS—as supplemented by bilateral agreements) is severely unjust—and its imposition a human-rights violation on account of the avoidable mortality and morbidity it foreseeably produces. (shrink)

Martha Nussbaum has expanded the capabilities approach to defend positive duties of justice to individuals who fall below Rawls’ standard for fully cooperating members of society, including sentient nonhuman animals. Building on this, David Schlosberg has defended the extension of capabilities justice not only to individual animals but also to entire species and ecosystems. This is an attractive vision: a happy marriage of social, environmental and ecological justice, which also respects the claims of individual animals. This paper asks whether it (...) is one that the capabilities approach can really deliver. Serious obstacles are highlighted. The potential for conflict between the capability-based entitlements of humans and those of nonhuman animals or ‘nature’ is noted, but it is argued that this does not constitute a decisive objection to the expanded capabilities approach. However, intra-nature conflicts are so widespread as to do so: the situation is outside the circumstances of justice as they are standardly understood. Schlosberg attempts to reconcile such conflicts by re-examining what it means to flourish as a sentient nonhuman animal. This fails, because of the distinction between flourishing as a species, which often requires predation, and flourishing as an individual, which is as frequently incompatible with it. Finally, the paper considers how a capabilities theorist might move beyond such conflicts, identifying two possible strategies (which are not themselves unproblematic) for reconciling the demands of humans, animals and ecosystems. (shrink)

This paper suggests the adoption of a ‘capability approach’ to key concepts in healthcare. Recent developments in theoretical approaches to concepts such as ‘health’ and ‘disease’ are discussed, and a trend identified of thinking of health as a matter of having the capability to cope with life’s demands. This approach is contrasted with the WHO definition of health and Boorse’s biostatistical account. We outline the ‘capability approach’, which has become standard in development ethics and economics, and show how existing work (...) in those areas can profitably be adapted to healthcare. Cases are used to illustrate the value of adopting a capability approach. (shrink)

This paper examines the distinction drawn by Amartya Sen between transcendental and comparative theories of justice, and its application to Rawls' doctrine. It then puts forward three arguments. First, it is argued that Sen offers a limited portrayal of Rawls' doctrine. This is the result of a rhetorical strategy that depicts Rawlsian doctrine as more “transcendental” than it really is. Although Sen deploys numerous quotations in support of his interpretation, it is possible to offer a less transcendental interpretation of Rawls. (...) Second, the dichotomy between transcendental and comparative approaches to questions of justice is partly misleading, insofar as any plausible moral doctrine has both transcendental and comparative elements. Transcendental elements are necessary to avoid the confusion between the general acceptance of a norm, value or principle and its justification. A comparative view highlights the conditions of application of the doctrine to the real world, taking into account the possibility of moral dilemmas, evaluative disagreements and limited resources, while proposing possible provisos and caveats to the risk of the doctrine being self‐defeating. Third, although the transcendental approach is useful, it is argued that in elaborating this dichotomy Sen overlooks the merits of the third way between comparative and transcendental doctrines, what he calls “conglomerate theory,” and also the possibility that his doctrine (the capability approach) might be considered as an example of such a theory. The paper concludes with the argument that conglomerate theory does not aim to produce complete moral orderings, but rather a comparative approach with transcendental elements, as a form of weak transcendentalism. (shrink)

Preferences play a role in well-being that is difficult to escape, but whatever authority one grants to preferences, their malleability seems to cause problems for any theory of well-being that employs them. Most importantly, preferences appear to display a status-quo bias: people come to prefer what they are likely rather than unlikely to get. I try to do two things here. The first is to provide a more precise characterization of the status-quo bias, how it functions, and how it infects (...) commonly accepted theories of well-being. The second is to give an alternative characterization of an agent's preferences that succeeds in avoiding the status-quo bias. (shrink)

The article argues for an alliance of the capability approach developed by Amartya Sen with ideas from critical pedagogy for undergraduate university education which develops student agency and well being on the one hand, and social change towards greater justice on the other. The purposes of a university education in this article are taken to include both intrinsic and instrumental purposes and to therefore include personal development, economic opportunities and becoming educated citizens. Core ideas from the capability approach are outlined, (...) with examples, before possible articulations of capability and Sen's notion of process freedom with critical pedagogy are investigated. It is argued that each approach has something to offer when brought alongside as ‘critical capability pedagogies’, which seek to enhance and expand student experiences of learning and their ‘valuable beings and doings’. Finally core capabilities in a university education are considered and some of the problems of domesticating the capability approach addressed. (shrink)

In her recent pamphlet Special Educational Needs: a new look (2005) Mary Warnock has called for a radical review of special needs education and a substantial reconsideration of the assumptions upon which the current educational framework is based. The latter, she maintains, is hindered by a contradiction between the intention to treat all learners as the same and that of responding adequately to the needs arising from their individual differences. The tension highlighted by Warnock, which is central to the debate (...) in special and inclusive education, is also referred to as the ‘dilemma of difference’. This consists in the seemingly unavoidable choice between, on the one hand, identifying children's differences in order to provide for them differentially, with the risk of labelling and dividing, and, on the other, accentuating the ‘sameness’ and offering common provision, with the risk of not making available what is relevant to, and needed by, individual children. In this paper, I argue that the capability approach developed by Amartya Sen provides an innovative and important perspective for re-examining the dilemma of difference in significant ways. In particular, I maintain that reconceptualising disability and special needs through the capability approach makes possible the overcoming of the tension at the core of the dilemma of difference, whilst at the same time inscribing the debate within an ethical, normative framework based upon justice and equality. (shrink)

This article examines the underexplored relationship between Amartya Sen's ‘capability approach’ to human well-being and education. Two roles which education might play in relation to the development of capacities are given particular attention: (i) the enhancement of capacities and opportunities and (ii) the development of judgement in relation to the appropriate exercise of capacities.

: I argue that Irigaray's recent work develops a theoretically cogent and politically radical form of realist essentialism. I suggest that she identifies sexual difference with a fundamental difference between the rhythms of percipient fluids constituting women's and men's bodies, supporting this with a philosophy of nature that she justifies phenomenologically and ethically. I explore the politics Irigaray derives from this philosophy, which affirms the sexes' rights to realize the possibilities of their rhythmically diverse bodies.

In this paper I describe how Kant’s idea about the impossibility of moral luck has come to influence, via Rawls, recent writings in egalitarian theory. I argue that this influence has been detrimental for the study of equality. Further, I claim that the major deficiencies of this post-Rawlsian egalitarianism (nicely described by Elizabeth Anderson’s title “luck egalitarianism) are both effectively critiqued and corrected by the understanding of equality and its value located in John Dewey’s writings.

: My contribution intends to show that the traditional philosophical concept of work (Marx, Hegel, Kierkegaard, Marcuse, Arendt, Habermas, and the rest) leaves out a crucial dimension. Work is reduced, for example, to the interaction with nature, the problem of recognition, or economic self-preservation. But work also establishes an ethical relation having to do with the needs of others and to the common good—a view of work that should be of particular interest for feminist and gender philosophy. This dimension makes (...) visible, as socially necessary work, the so-called reproductive sphere pertaining to giving birth and raising children, but it also generalizes the aspect of care, which plays a significant role in traditional woman's work. The ethical relation to the other is a characteristic feature of human work and in this sense, the possibility of working is a part of a good life. (shrink)

Climate adaptation and resilience scholars are struggling to address distributive and procedural justice in climate resilience efforts. While the capability approach (CA) has been widely appraised as a suitable justice basis for this context, there are few detailed studies assessing this possibility. This paper addresses this gap by advancing discussions about the prospects of the CA for guiding justice work in climate resilience. With its emphasis on the final value and mutually irreducible character of the concrete beings and doings of (...) individuals, we find the CA relevant for tackling salient aspects of adaptation, such as the multi-faceted and locally specific nature of climate vulnerability. We also present and discuss a capability application that has particular relevance for including distributive and procedural justice considerations in climate resilience. On the other hand, we find that extant arguments in support of the CA neglect the limitations of the CA and some dilemmas involved in applying it, also overestimating the differences between the CA and other justice approaches, especially those based on resources and needs. These problems lead us to advise against treating the CA as a one-size-fits-all solution to the ills of climate resilience and they further raise a need for joining efforts with complementary approaches. -/- . (shrink)

Contributions to COVID-19 vaccination programmes promise valuable collective goods. They can support public and individual health by creating herd immunity and taking the pressure off overwhelmed public health services; support freedom of movement by enabling governments to remove restrictive lockdown policies; and improve economic and social well-being by allowing businesses, schools, and other essential public services to re-open. The vaccinated can contribute to the production of these goods. The unvaccinated, who benefit from, but who do not contribute to these goods (...) can be morally criticised as free-riders. In this paper defends the claim that in the case of COVID-19, the unvaccinated are unfair free-riders. I defend the claim against two objections. First, that they are not unfair free-riders because they lack the subjective attitudes and intentions of free-riders; second, that although the unvaccinated may be free-riders, their free-riding is not unfair. (shrink)

According to the UN report, one-third of India’s population is migrant, and the migration pattern is mainly from the rural area to the city. The workers in India migrate seasonally, temporarily, or for the long term. The Covid-19 situation created hazardous setbacks in the lives of Indian migrants. It was a time of social psychological and emotional trauma. The Covid-19 situation manifested the dilemma that who is responsible for the migrant workers. The fact that they were objectified, and their human (...) dignity was not protected amidst the interventions of the Supreme Court of India and the Central and State Governments being the context, the paper attempts to consider the question “How can the policy makers collaboratively bring positive impact in the lived experiences of the migrant workers?” as the theme of the paper. Policymakers guided by the philosophical wisdom that respects and supports human dignity can change the lives of migrants undergoing a crisis. (shrink)

This article contributes to recent work on justice in resilience-based projects for climate adaptation. At present, the model commonly used for guiding normative reflection in this domain is the tripartite model of justice, whereby justice is seen as comprising distributive, procedural and recognitional aspects. After discussing some conceptual problems and practical shortcomings of this model, we propose an alternative model with six forms of justice or kinds of justice demands: distributive, procedural, intergenerational, restorative and retributive justice, and justice in system (...) outcomes. We also illustrate some advantages of this model with respect to representative accounts of the tripartite model. (shrink)

Capability approach pioneers Amartya Sen and Martha Nussbaum both recognize empowerment as an important aspect of human development. They seem to disagree, however, about how empowerment should be represented within the capability approach (CA). This essay is concerned with the analysis of the foundational concepts at work within Sen and Nussbaum’s CAs. Part One concerns the key concepts of empowerment at work in Sen’s CA and has three goals. 1) Clarify Sen’s various empowerment concepts. 2) Argue that Sen’s concept of (...) Realize Agency Success is flawed. 3) Make clear that empowerment in Sen’s approach can be helpfully understood in terms of agency and capability set expansion. Part Two considers Nussbaum’s CA and the debate over whether it can account for empowerment. I conclude that not only can Nussbaum’s CA account for empowerment, but that the role of empowerment in both Sen’s and Nussbaum’s CAs can be understood in terms of agency and capability set expansion. In other words, Sen and Nussbaum actually agree about empowerment at the foundational level. (shrink)

Intelligent neurotechnology is an emerging field that combines neurotechnologies like brain-computer interface (BCI) with artificial intelligence. This paper introduces a capability framework to assess the responsible use of intelligent BCI systems and provide practical ethical guidance. It proposes two tests, the threshold and flourishing tests, that BCI applications must meet, and illustrates them in a series of cases. After a brief introduction (Section 1), Section 2 sets forth the capability view and the two tests. It illustrates the threshold test using (...) examples from clinical medicine of BCI applications that enable patients with profound disabilities to function at a threshold level through computer mediation. Section 3 illustrates the flourishing test by exploring possible future applications of BCI involving neuroenhancements for healthy people, using examples adapted from research currently underway in the US military. Section 3 applies a capability lens to a complex case involving dual effects, both therapeutic and non-therapeutic, showing how the threshold and flourishing tests resolve the case. Section 4 replies to three objections: neurorights are the best tool for assessing BCI; the two tests are moving targets; and the analysis utilizes a capability view to do work it is not designed for. The paper concludes that a capability view offers unique advantages and gives practical guidance for evaluating the responsible use of present and future BCI applications. Extrapolating from our analysis may help guide other emerging technologies, such as germline gene editing, expected to impact central human capabilities. (shrink)

Ce texte offre un aperçu des articles composant ce numéro spécial et présente brièvement les principaux arguments avancés dansA Conceptual Investigation of Justice, dont une des thèses centrales veut qu’un important désaccord à la fois sémantique et philosophique sur la définition du terme «justice» soit au cœur de plusieurs questions en philosophie politique contemporaine. Cette présentation nous amène par ailleurs à décrire les caractéristiques d’un débat sémantique dont la portée dépasse la stricte sphère linguistique.

How is freedom valuable? And how should we go about defining freedom? In this essay, I discuss a distinction between two general ways of valuing freedom: one appeals to the good (e.g., to freedom's contribution to well-being); the other appeals to how persons have reason to treat one another in virtue of their status as purposive beings (to the right). The analysis of these two values has many relevant implications and it is preliminary to a better understanding of the relationships (...) between freedom and justice. First, it contributes to shed light on the relationship between trust and the value of freedom, and on two attitudes towards freedom – promoting and respecting freedom. Second, it disambiguates between two versions of the claim that freedom has non-specific/content-independent value: one appeals to the good, the other to the right. And third, I show that certain implications concerning the definition of freedom follow from assuming an account of the value of freedom that exclusively appeals to the right, illustrating how the value of freedom can shape what freedom is. (shrink)

Freedom and security are often portrayed as things that have to be traded off against one another, but this view does not capture the full complexity of the freedom-security relationship. Rather, there seem to be four different ways in which freedom and security connect to each other: freedom can come at the cost of security, security can come at the cost of freedom, freedom can work to the benefit of security, and security can work to the benefit of freedom. This (...) paper analyses each of these connections in turn. It shows that particular understandings of freedom can help us to see particular connections between freedom and security. The practical examples used to illustrate these connections are drawn from the context of the COVID-19 pandemic. It will be suggested that, in the face of challenges such as this one, taking into account all four connections between freedom and security can ultimately help decision-makers in upholding both. (shrink)

We highlight a new paradox for the social evaluation of risk that bears on the evaluation of individual well-being rather than social welfare, but has serious implications for social evaluation. The paradox consists in a tension between rationality, respect for individual preferences, and a principle of informational parsimony that excludes individual risk attitudes from the assessment of riskless situations. No evaluation criterion can satisfy these three principles. This impossibility result has implications for the evaluation of social welfare under risk, especially (...) when the preferences of some individuals are not known. It generalizes existing impossibility results, while relying on very weak principles of social rationality and respect for individual preferences. We explore the possibilities opened by weakening each of our three principles and discuss the advantages and drawbacks of these different routes. (shrink)