In this paper I make a contribution to three distinct, but deeply interwoven subjects. Firstly, I argue that, at the level of ideal theory, the distribution of educational goods should follow a sufficientarian pattern and that the evaluative space of children’s advantage should be inspired by the capability approach. Secondly, the paper is delving into the more policy-oriented debates on the desirability of school choice. I argue that, given the non-ideal circumstances in which decision makers have to act, giving parents (...) the opportunity to choose the school for their children is a sine qua non condition for even approaching the ideals of sufficientarian justice. Lastly, I move the discussion on more empirical grounds, advancing a criticism of the Romanian educational legislation. I argue that the sufficiency-constrained school choice system that I envision could solve some of the problems that the Romanian educational system faces today. (shrink)

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

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)

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)

For the last 25 years, human development has become part of official development discourses. It takes the normative position that the success of policies depends on whether they have expanded human flourishing, or expanded the 'freedoms' or 'capabilities' people have 'reason to value', as Amartya Sen would put it. It emphasises the importance of institutions to facilitate such expansion, and the agency of people to create such institutions. The ability of institutions to be conducive to human flourishing depends on the (...) nature of human interaction. When human interaction no longer has the flourishing of other persons as its aim, it can create structures which then constrain human agency. The article argues that the human development perspective could be enriched by theological insights such as structural sin and the contribution of religious narratives to public reasoning. It concentrates on the idea of justice of one biblical parable, and illustrates its argument with examples from the Argentine labour context. (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)

Mounting evidence suggests that socioeconomic status is a determinant of health. As nations around the globe increasingly rely on market-based economies, the corporate sector has come to have a powerful influence on the socioeconomic gradient in most nations and hence upon the health status of their populations. At the same time, it has become more difficult for any one nation to influence corporate activities, given the increasing ease with which corporations relocate their operations from country to country, As a result (...) of all of these factors, nations wishing to assure the health of their populations will need to both involve the corporate sector and cooperate with other nations.In this article, we review the business ethics literature and consider what justification it might provide for requiring multinational corporations to attend to concerns about population health. (shrink)

Amartya Sen has developed the so-called capability approach to meet the criticism that income alone may be insufficient as a measure of economic inequality. This is because knowledge about people’s income does not tell us what they are able to acquire with that income. For example, people with the same income may not have the same access to health and transportation services, schools and opportunities in the labor market. Recently, there has been growing interest in empirical studies based on the (...) capability approach. Most of these, however, are only loosely related to quantitative behavioral theory, at least in a concrete and empirically operational way. The purpose of this paper is to demonstrate that the theory of random scale models offers a powerful theoretical and empirical framework for representing and accounting for key aspects of Sen’s theory. (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)

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)

Borrowing from epidemiological and economic analysis, we argue that the central constructs by which children are judged educationally rest in contrastive judgements and that such judgements are based on 'everyday' constructs - not objective descriptors. But because these everyday constructs become seemingly objectified by the procedures and discourses of education, they appear reliable and objective. The insistent process of contrastive judgement based on these everyday constructs has its result in cohorts of children forever being judged unfavourably next to others. A (...) model to frame the process is outlined and consequences for children's acceptance and inclusion are discussed. (shrink)

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)

Some are born to sweet delight,Some are born to endless night.William Blake - Auguries of InnocenceIt goes without saying that severe poverty is a human tragedy. The problem of poverty stemming from inequality has however only recently become one of the most fundamental questions in international ethics. The publication in 1972 of Peter Singer's important article, “Famine, Affluence and Morality” certainly marks an important date in the literature. Even those who don't agree with Singer's utilitarian approach will recognize that he (...) was among the first to articulate the problem of poverty on an international scale in philosophical terms. Since then, a greater number of philosophers have examined the problem of world poverty. Some of their work has been extremely influential. (shrink)

The neglect of marginalized stakeholders is a colossal problem in both stakeholder and entrepreneurship streams of literature. To address this problem, we offer a theory of marginalized stakeholder-centric entrepreneurship. We conceptualize how firms can utilize marginalized stakeholder input actualization through which firms should process a variety of ideas, resources, and interactions with marginalized stakeholders and then filter, internalize, and, finally, realize important elements that improve a variety of related socioeconomic, ethical, racial, contextual, political, and identity issues. This input actualization process (...) enables firms to innovate with marginalized stakeholders and develop marginalized stakeholder capabilities. To this end, firms fulfill both their moral and entrepreneurial claims to marginalized stakeholders. (shrink)

This essay discusses implications of incommensurability of values for justified decision-making, ethics and justice. Under particular conditions incommensurability of values causes what might be called ‘incomplete comparability’ of options. Some leading theorists interpret this in terms of ‘imprecise equality’ and ‘imprecise comparability.’ This interpretation is mistaken and conceals the implications of incommensurability for practical and ethical reasoning. The aim of this essay is to show that, in many cases, incommensurability prevents the assignment of determinate weights to competing values. This may (...) have problematic consequences for a complete and impartial justification of decisions concerning conflicting values to the extent that they depend on the need of weighing them. (shrink)

This paper proposes a conceptual framework to study and evaluate the impact of ‘Algorithmic Management’ (AM) on worker dignity. While the literature on AM addresses many concerns that relate to the dignity of workers, a shared understanding of what worker dignity means, and a framework to study it, in the context of software algorithms at work is lacking. We advance a conceptual framework based on a Capability Approach (CA) as a route to understanding worker dignity under AM. This paper contributes (...) to the existing AM literature which currently is mainly focused on exploitation and violations of dignity and its protection. By using a CA, we expand this focus and can evaluate the possibility that AM might also enable and promote dignity. We conclude that our CA-based conceptual framework provides a valuable means to study AM and then discuss avenues for future research into the complex relationship between worker dignity and AM systems. (shrink)

ABSTRACTSustainable Development Goals will guide the global development agenda for the coming years. Under this premise, this article explores the role which higher education has been assigned in contributing to sustainable human development, and concludes that the vision of HE offered is too narrow and unable to capture the essence and full meaning of sustainable human development. Moving away from problematic indicators and thresholds that understand HE as a producer of human capital, the article proposes placing the concept of human (...) development at the centre of HE. Particularly, the article argues that its main elements can provide a valuable and sound footing for a more transformative institution. (shrink)

. 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)

The pursuit of equal citizenship has been complicated by two recent developments: the emergence of multi‐level governance (and with it the growing importance of local, regional and global levels of citizenship practices) and the emergence of group recognition claims (which signal the growing importance of particularised experiences and multiple inequality agendas). These developments shape the way citizenship is both practiced and analysed. Mapping neat citizenship models onto distinct nation‐states and evaluating these in relation to formal equality is no longer an (...) adequate approach. Comparative citizenship analyses need to be considered in relation to multiple inequalities and their intersections, and to multi‐level governance and trans‐national organising. This, in turn, suggests that comparative citizenship analysis needs to consider new spaces in which struggles for equal citizenship occur and new dynamics interactions between them. (shrink)

To commemorate 40 years since the founding of the Journal of Business Ethics, the editors in chief of the journal have invited the editors to provide commentaries on the future of business ethics. This essay comprises a selection of commentaries aimed at creating dialogue around the theme Ethics at the centre of global and local challenges. For much of the history of the Journal of Business Ethics, ethics was seen within the academy as a peripheral aspect of business. However, in (...) recent years, the stakes have risen dramatically, with global and local worlds destabilized by financial crisis, climate change, internet technologies and artificial intelligence, and global health crises. The authors of these commentaries address these grand challenges by placing business ethics at their centre. What if all grand challenges were framed as grand ethical challenges? Tanusree Jain, Arno Kourula and Suhaib Riaz posit that an ethical lens allows for a humble response, in which those with greater capacity take greater responsibility but remain inclusive and cognizant of different voices and experiences. Focussing on business ethics in connection to the grand challenge of environmental emergencies, Steffen Böhm introduces the deceptively simple yet radical position that business is nature, and nature is business. His quick but profound side-step from arguments against human–nature dualism to an ontological undoing of the business–nature dichotomy should have all business ethics scholars rethinking their “business and society” assumptions. Also, singularly concerned with the climate emergency, Boudewijn de Bruin posits a scenario where, 40 years from now, our field will be evaluated by its ability to have helped humanity emerge from this emergency. He contends that Milieudefensie v. Royal Dutch Shell illustrates how human rights take centre stage in climate change litigation, and how business ethics enters the courtroom. From a consumer ethics perspective, Deirdre Shaw, Michal Carrington and Louise Hassan argue that ecologically sustainable and socially just marketplace systems demand cultural change, a reconsideration of future interpretations of “consumer society”, a challenge to the dominant “growth logic” and stimulation of alternative ways to address our consumption needs. Still concerned with global issues, but turning attention to social inequalities, Nelarine Cornelius links the capability approach to global and corporate governance, arguing that CA will continue to lie at the foundation of human development policy, and, increasingly, CSR and corporate governance. Continuing debate on the grand challenges associated with justice and equality, Laurence Romani identifies a significant shift in the centrality of business ethics in debates on managing differences, positing that dialogue between diversity management and international management can ground future debate in business ethics. Finally, the essay concludes with a commentary by Charlotte Karam and Michelle Greenwood on the possibilities of feminist-inspired theories, methods, and positionality for many spheres of business ethics, not least stakeholder theory, to broaden and deepen its capacity for nuance, responsiveness, and transformation. In the words of our commentators, grand challenges must be addressed urgently, and the Journal of Business Ethics should be at the forefront of tackling them. (shrink)

In a recent article, Amartya Sen writes that one important influence on his theory of adaptive preferences is Wollstonecraft's account of how some women, though clearly oppressed, are apparently satisfied with their lot. Wollstonecraft's arguments have received little attention so far from contemporary political philosophers, and one might be tempted to dismiss Sen's acknowledgment as a form of gallantry. That would be wrong. Wollstonecraft does have a lot of interest to say on the topic of why her contemporaries appeared to (...) choose what struck her as oppression, and her views can still help us reflect on contemporary problems such as the ones identified and discussed by Amartya Sen. In this article I will argue that a close look at Wollstonecraft's arguments may lead us to rethink some aspects of Sen's discussion of the phenomenon of adaptive preferences. (shrink)

In this paper, we propose a new model for development, one that transcends the North–South dichotomy and goes beyond a narrow conception of development as an economic process. This model requires a paradigm shift toward a new metaphor that develops sustainability, rather than sustains development. We conclude by defending a ‘report card on development’ as a means for evaluating how countries perform within this new paradigm.

The World Bank estimates that over one billion people currently lack official identity documents. To tackle this crucial issue, the United Nations included the aim to provide legal identity for all by 2030 among the Sustainable Development Goals. Technology can be a powerful tool to reach this target. In the digital age, new technologies increasingly mediate identity verification and identification of individuals. Currently, State-led and public–private initiatives use technology to provide official identification, to control and secure external borders, and to (...) distribute humanitarian aid to populations in need. All of these initiatives have profound implications for the protection of human rights of those affected by them. Digital identity technologies may render individuals without legal documentation more visible and therefore less vulnerable to abuse and exploitation. However, they also present risks for the protection of individuals' human rights. As they build on personal data for identification and identity verification, data protection and privacy rights are most clearly affected. The prohibition of discrimination in the digital space is also of concern as these technological advances' societal impact is not yet fully understood. Accordingly, the article argues that emerging digital identity platforms will only contribute to the protection of human rights if the providers adequately mitigate any risks of potential discrimination and promote high standards of privacy and data protection. (shrink)

This paper aims to clarify the status of capability in Sen’s idea of justice. Sen’s name is so widely associated with the concept of capability that commentators often assume that his contribution to the study of justice amounts to a capability theory, albeit underdeveloped. We argue that such a reading is misleading. Taking Sen’s reticence about operationalization seriously, we show that his contribution is inconsistent with a capability theory. Instead, we defend the idea that the capability approach plays a heuristic (...) role: capability is a step in his argument against alternative materials, but is not meant as a definitive end. Sen defends a critical perspective primarily to encourage public reasoning and respect for agency as regards the definition of what should count in the evaluation of social states. (shrink)

This article brings together the United Nations’ International Covenant on Economic, Social and Cultural Rights (ICESCR) and John McMurtry’s theory of value. In this perspective, the ICESCR is construed as a prime example of “civil commons,” while McMurtry’s theory of value is proposed as a tool of interpretation of the covenant. In particular, McMurtry’s theory of value is a hermeneutical device capable of highlighting: (a) what alternative conception of value systemically operates against the fulfilment of the rights enshrined in the (...) ICESCR; (b) the increased relevance of the ICESCR with regard to the current global economic crisis; (c) the parameters to determine the degree to which the rights at issue have been realized. Reflections on environmental implications of both the ICESCR and McMurtry’s axiology conclude the article. (shrink)

Health has an important role in the achievement of a good quality of life. Many public policies intended to enhance individual and population health. Amartya Sen’s Capability Approach (CA) offers a framework to assess well-being, as well as interventions seeking to increase it. There are, however, important practical challenges that must be faced before applying CA to concrete situations, such as health. One of these challenges is defining whether it is functioning or a capability that is the feature to be (...) assessed. Moreover, some aspects of freedom that are relevant for CA are frequently neglected, such as agency. These aspects must be considered when performing a health assessment using the CA as a framework. A health assessment using the CA as a framework should include indicators based on the achieved dimension (health functioning), resources and conversion factors (health capability), and freedom to achieve (agency). (shrink)

Many anti-obesity policies face a variety of ethical objections. We consider one kind of anti-obesity policy — modifications to food assistance programs meant to improve participants' diet — and one kind of criticism of these policies, that they are inequitable. We take as our example the recent, unsuccessful effort by New York State to exclude sweetened beverages from the items eligible for purchase in New York City with Supplemental Nutrition Support Program assistance. We distinguish two equity-based ethical objections that were (...) made to the sweetened beverage exclusion, and analyze these objections in terms of the theoretical notions of distributive equality and social equality. First, the sweetened beverage exclusion is unfair or violates distributive equality because it restricts the consumer choice of SNAP participants relative to non-participants. Second, it is disrespectful or violates social equality to prohibit SNAP participants from purchasing sweetened beverages with food stamps. We conclude that neither equity-based ethical objection is decisive, and that the proposed exclusion of sugar-sweetened beverages is not a violation of either distributive or social equality. (shrink)

As concerns about the negative health effects of unhealthy eating and overweight/obesity increase, so too do efforts to combat obesity. Both the federal government, as well as state and local governments, have proposed and implemented a variety of healthy eating and obesity prevention policies. Many of these policies are controversial, facing objections that range from the practical to the ethical. In this paper, we consider one such policy — restrictions on food assistance programs that are meant to improve participants’ diet (...) — and one criticism of these policies, that they are inequitable. We take as our primary example the recent, unsuccessful effort by New York State to exclude sweetened beverages from the items eligible for purchase in New York City with Supplemental Nutrition Assistance Program. (shrink)

The American Journal of Bioethics, Volume 11, Issue 12, Page 44-46, December 2011.

According topositive egalitarianism, not only do relations of inequality have negative value, as negative egalitarians claim, but relations of equality also have positive value. The egalitarian value of a population is a function of both pairwise relations of inequality (negative) and pairwise relations of equality (positive). Positive andnegative egalitarianismdiverge, especially in different-number cases. Hence, an investigation of positive egalitarianism might shed new light on the vexed topic of population ethics and our duties to future generations. We shall here, in light (...) of some recent criticism, further develop the idea of giving positive value to equal relations. (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)

This paper explores how women workers in Bangladeshi garment factories are misrecognised and not represented in the apparel industry through focussing on two enacted collective compliance measure agreements adopted by global brands to improve safety and working conditions. Our paper draws on Amartya Sen’s rights-based approach to capabilities as a means of explaining the narratives of women trade union leaders and the experiences of women factory workers’ status in their workplace and in the industry. Specifically, we examine how a strategy (...) of misrepresentation and nonrecognition of the women factory workers is being played out in the multi-stakeholder initiatives of compliance codes which leads to a lack of consideration for the basic human rights of the women workers. Our paper contributes to the discussion regarding how the politics of ethical procurement becomes visible through an exclusionary approach in managing the apparel global production network despite the favourable consensus regarding the compliance codes. (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)

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)

In this article I defend the capability approach by focusing on its built-in gender-sensitivity and on its concern with comprehensive outcomes and informationally-rich evaluation of well-being, two elements of Sen's work that are too rarely put together. I then try to show what the capability approach would have to gain by focusing on trans-positional objectivity (as Elizabeth Anderson does) and by leaving behind the narrow confines of states in favor of a more cosmopolitan stance. These preliminary discussions are followed by (...) two more precise applications. At first, I show how a gender-sensitive capability approach that respects the criteria of trans-positional objectivity and cosmopolitanism can enhance the agency of women inhabiting third-world societies. I turn next to show how mainstream feminism can insulate itself against criticisms such as bell hooks' by switching to trans-positional objectivity in public reasoning. (shrink)

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)

Gender greatly impacts access to opportunities, potential, and success in corporate leadership roles. We begin with a general presentation of why such discussion is necessary for basic considerations of justice and fairness in gender equality and how the issues we raise must impact any ethical perspective on gender in the corporate workplace. We continue with a breakdown of the central categories affecting the success of women in corporate leadership roles. The first of these includes gender-influenced behavioral factors, such as the (...) requirements and expectations of gendered verbal and nonverbal communication styles as well as appearance. We move on to address the impact of family on corporate leadership opportunities and success, discussing the asymmetrical evaluation of an individual’s potential, authority, and competence based on gender stereotypes of familial obligations and expectations. Finally, we address how gender impacts access to networking and sponsorship opportunities and the long-term effects of systematic limitations on women’s inclusion in the upper echelons of corporate leadership. We conclude with a summary of the questions and issues raised by our discussion and direct individuals to consider how different ethical systems and moral requirements might influence their interpretations of gender and leadership in the corporate workplace. (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)

In this paper, I examine the conflicts between autonomy and justice. The problem of justice in healthcare concerns both micro-allocation and macro-allocation. The latter has to do with distributive justice: who should get what healthcare resources at whose expense. The current debate about healthcare reform brings up two competing models of distributive justice from political philosophy. The libertarian theory holds to the ideal of individual responsibility and choice, viewing taxation for the purpose of providing goods to those who cannot afford (...) them as a form of unjustified coercion. The liberal theory holds that society should ensure that all members are provided with basic goods that correct for inequalities that deprive them of human dignity. Even though both theories value individual choice, these theories provide opposing answers to the question of whether taxes should be collected and used for the purpose of ensuring universal access to healthcare. In my paper, I show that neither theory can respect patient choice in healthcare and achieve distributive justice. Libertarians ignore the realities of the healthcare system and why a free market where patients choose and pay for what they want cannot exist. Liberals face the problem that the choices that patients make can lead to over-consumption of healthcare at the expense of other goods important to society. (shrink)

My aim in this dissertation is to analyze Black oppression and White domination. I attempt to show how social systems unjustly diminish Black Americans’ opportunities to form and pursue their conceptions of good lives and unjustly strengthen White Americans’ opportunities for the same. I believe that the accounts of Black oppression and White domination I offer are more adept at identifying the expansive and varied wrongs of Black oppression in America, analyzing the relationship between theorizing oppression and addressing oppression through (...) social and political change in America, and demonstrating the ways that Whites benefit from and are incentivized to maintain oppressive systems in America, than the accounts put forward by other theorists. In Chapter 1, I begin by discussing why I frame my project in terms of oppressive “wrongs” rather than “harms”. I worry the term ‘harm’ may be taken to imply that one has experienced subjective suffering or a measurable loss, whereas I am concerned with instantiations of oppressive systems even when they don’t cause the person subject to the oppressive system to experience a measurable loss or subjective suffering. In an effort to describe how I identify wrongs, I then argue that in virtue of the deep importance of freely pursuing one’s chosen life plan, any barriers one faces in pursuing his or her life plan must be justifiable. Barriers one experiences in virtue of his or her race are typically not justifiable. On this basis, I argue for my principle of racial injustice, which states that individuals are prima facie wronged by socially constructed barriers to their abilities to form and seek their conception of a good life if those barriers exist in virtue of their race. The “prima facie” nature of the wrongness is significant, I argue, because correcting the injustices of Black oppression will require that Whites face some barriers to pursuing our life plans that we do not currently face; it is not the case, then, that every race-based barrier is truly wrongful. I then discuss my understanding of race, arguing that race’s mutability across contexts and how one’s race is intimately tied to systems of subordination and domination support my view that race is socially constructed. I end with a brief history of White domination and Black subordination in the U.S. In Chapter 2, I outline general experiences of racism as espoused by Black writers and the statistical data that support these accounts. I then take a deep look at mass incarceration, including a history of the system, its disproportional impact on Black Americans, and the many resulting injustices inflicted largely on incarcerated Black Americans, their families, and their communities. I specifically highlight the recognition-wrongs inflicted on Black Americans through mass incarceration, where recognition-wrongs are acts that function primarily as a mode of dehumanizing individuals. Recognition-wrongs include verbal degradation through things like slurs, but also epistemic injustices, a concept developed by Miranda Fricker and others to identify injustices that wrong individuals in virtue of their status as knowers and communicators of knowledge. I then discuss kinship-wrongs, a concept I develop to identify wrongs that impact people’s ability to form and maintain relationships. I highlight and conceptualize these wrongs in an attempt to draw attention to their significance in racial subordination. In Chapter 3, I develop an account of oppression that is particularly responsive to race-based wrongs. I begin by showing why the influential accounts authored by Iris Marion Young and Ann Cudd are unsatisfactory for capturing Black oppression. I attempt to develop an account that is sensitive to the experiences of subordination detailed by Black Americans, equipped to address the material harms of oppression, and also able to make sense of the recognition- and kinship-wrongs raised in Chapter 2. I ultimately determine that a member of a c-group is subject to an oppressive wrong when, in virtue of his or her or their membership in that c-group, he or she or they suffer wrongs that are systematically perpetrated through social, political, or legal norms, conventions, or practices. A c-group is any collection of persons who share some set of constraints, incentives, penalties, and the like. I end the chapter by carefully describing my commitments to each clause of the definition of oppression, beginning by analyzing c-groups, describing systematically perpetrated wrongs, explaining what it means to be wronged in virtue of one’s c-group membership, and showing that my account of oppression is sensitive to both material and recognition-wrongs. In Chapter 4, I argue that we ought to understand oppression in the framework of a capabilities approach. I begin by explaining the concept of capabilities, which are real opportunities to function in particular ways. I then argue that securing capabilities is a better aim for justice than ensuring that people function in certain valuable ways because a focus on capabilities protects people’s opportunities to pursue the kinds of lives they want to live, respecting their interest in freely determining their life goals, while a focus on protecting valuable functionings inappropriately prescribes life goals to them. I show how capabilities can be utilized as part of a theory of justice, and argue that my utilization of capabilities, combined with the other moral commitments I defend throughout the dissertation, comprises a rectificatory theory of racial justice aimed at eliminating Black oppression. I argue that through the framework of capabilities, I can analyze both the material and recognition-wrongs of oppression, avoid the kinds of bad idealizations that often skew our understanding of oppressive systems and their impact, and make judgments about modern day society without developing an account of perfect justice. I next show that to avoid inflicting further recognition-wrongs, it is essential that oppressed peoples are the primary arbiters of which capabilities and oppressive systems should be prioritized in policy and advocacy. I conclude Chapter 4 with a brief sketch of how we can turn the priorities of the oppressed into public policy, moving from the prioritization process, to policy development, to implementing policies, and finally to monitoring and revising them. My final chapter, Chapter 5, shows how my account can also be used to analyze the norms of White domination that coincide with Black oppression. I begin by discussing “correlative capabilities,” which are those capabilities that are strengthened for Whites in virtue of the fact that Whites are not subject to oppression as Black Americans are. My discussion of correlative capabilities maps closely onto the advantages typically described as White privilege. I then turn to more insidious advantages Whites gain from Black oppression. I argue that oppressive norms advantage Whites by creating a social structure that empowers us with the capabilities to dominate racial narratives and ignore our racialized identities. The capability to dominate racial narratives consists in Whites’ abilities to pontificate on racialized events without justification for our views and still have our perspectives treated as mainstream, worthy of debate, and often as nearly definitive. I demonstrate this capability in action by examining Colin Kaepernick’s protest in the NFL, the coverage it received, and his resulting treatment. I then discuss Whites’ capability to ignore our racialized identities, showing how we establish Whiteness as a central, unconditioned perspective. Whites see ourselves as “simply people,” while seeing non-Whites as raced. This leads to Whites promoting color-blind conceptions of justice, which move us farther from true justice by ignoring social norms’ impact on policy development and implementation. I then show how Whites may go one step further and argue that we are victimized by “reverse racism” when efforts are made to eliminate oppressive systems. Finally, I end Chapter 5 with a discussion of how Whites are also disadvantaged by Black oppression, particularly in our capabilities to perform our jobs well, live morally, and establish and maintain relationships. I then conclude the dissertation by discussing how we might teach race-sensitive virtues in an effort to change White-favorable social norms. (shrink)