The capability approach is one of the main contenders in the field of theorizing social justice. Each citizen is entitled to a set of basic capabilities. But which are these? Martha Nussbaum formulated a set of ten central capabilities. Amartya Sen argued they should be selected in a process of public reasoning. Critics object that the Nussbaum‐approach is too perfectionist and the Sen‐approach is too proceduralist. This paper presents a third alternative: a substantive but non‐perfectionist capability theory of justice. It (...) presents a two‐level concept of individual agency as connected to social practices. It then argues basic capabilities are those necessary to for the agency necessary to navigate freely and autonomously between different social practices. (shrink)

This paper’s aim is to provide a new interpretation of Martha C. Nussbaum’s and Richard Rorty’s views on the ethical role of literature. I pursue this aim in a threefold manner. First of all, I shortly discuss and provide a critique of previous comparisons by other authors. Afterwards, based on the presented critique of other comparisons, I present concise summaries of their respective views. Finally, I propose a double context for interpreting and assessing their views together. The main claim of (...) the paper is the following: despite several differences in their philosophical underpinnings, Nussbaum’s and Rorty’s views on literature can be interpreted together using the context of John Rawls and Jacques Rancière. This interpretation consists of showing how uncovering a shared Rawlsian characteristic of Nussbaum’s and Rorty’s views paves a way for explaining how literature actually does ethical work, using some concepts of Rancière. Such a contextual reading allows for both a more thorough understanding of their respective projects and assessing their shared shortcomings. (shrink)

The capabilities approach is the theory according to which, in order to assess people's quality of life and reflect on the basic political entitlements, we should consider what people are capable of doing and being. Focusing mostly on Nussbaum's account, a number of scholars analysed the metaethical structure underlying the approach, showing her Aristotelian and Kantian sources. This article explores another aspect of Nussbaum's theory which has so far been somewhat overlooked: the role of emotions in the justification and motivational (...) support of the approach. After showing the importance Nussbaum places on compassion (and other benevolent emotions) to warrant her moral theory, I argue that – assuming her own cognitive account of compassion – her argument begs the question. I will then contend that Nussbaum's case does not have the inner tools to overcome such a circularity, trying to suggest, in conclusion, a possible way out which is consistent with it. (shrink)

The paper intends to initiate a discussion on the politico-liberal concept of judgment. It is argued that whilst political liberalism (PL) – presented as an account of political objectivity – already appeals to judgment, this conception is an unsatisfactory one. This critical assessment is supported by the juxtaposition of PL with an Arendtian understanding of political objectivity which offers a more robust account of judgment. In the conclusion, the possibility of applying the Arendtian solution to PL is outlined.

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 her political philosophy, Martha C. Nussbaum defends liberal political principles on the basis of an objective conception of the good of human beings. This paper examines whether her argument succeeds. It identifies three methods to which Nussbaum refers in order to select the central human capabilities, whose exercise is seen as constituting the human good. It asks whether these methods – the interpretation of actual ways of human self-understanding, the search for necessary anthropological features, and the idea of an (...) overlapping consensus – can yield liberal political principles. The paper concludes that it is doubtful that the first two methods will lead to this result. As to the third method, it may yield liberal principles only insofar as it relies on the notion of human dignity which is interpreted in a way that contains a strong view of equality of all human beings. In this way, universal liberal principles are not primarily based on considerations of the human good, but on a genuine moral standpoint. (shrink)