Martha Nussbaum’s capabilities approach emphasizes species-specific abilities in grounding our treatment of animals. Though this emphasis provides many action-guiding benefits, it also generates a number of complications. The criticism registered here is that Nussbaum unjustifiably restricts what is allowed into our concept of species norms, the most notable restrictions being placed on latent abilities and those that arise as a result of human intervention. These restrictions run the risk of producing inaccurate or misleading recommendations that fail to correspond to the (...) true needs of animals. Here and throughout the essay the argument draws from the lives of captive apes, especially those with extensive experience with humans. A further criticism is that the normative guidance the capabilities approach does provide is merely at the level of heuristics. Preference testing, it is argued, also uses species norms profitably as a heuristic, but it does so within a much larger and fecund system of assessing an animal’s well-being. (shrink)

Martha Nussbaum’s capabilities approach is today one of the most influential theories of justice. In her earlier works on the capabilities approach, Nussbaum only applies it to humans, but in later works she extends the capabilities approach to include sentient animals. Contrary to Nussbaum’s own view, some scholars, for example, David Schlosberg, Teea Kortetmäki and Daniel L. Crescenzo, want to extend the capabilities approach even further to include collective entities, such as species and ecosystems. Though I think we have strong (...) reasons for preserving ecosystems and species within the capabilities approach, there are several problems with ascribing capabilities to them, especially if we connect it with the view that species and ecosystems are subjects of justice. These problems are partly a consequence of the fact that an ascription of capabilities to species and ecosystems needs to be based on an overlapping consensus between different comprehensive doctrines, in accordance with the framework of political liberalism on which the capabilities approach builds. First, the ascription of capabilities to species and ecosystems presupposes the controversial standpoint that they are objectively existing entities. Second, the ascription of capabilities to ecosystems and species and the view that they are subjects of justice is justified by claiming that they have integrity and agency, but these characteristics have different meanings when applied to collective entities and humans, respectively. Third, the view that species and ecosystems are subjects of justice seems to require the controversial assumption that they have interests of their own, which differ from the interests of the sentient beings that are part of them. However, even if we do not ascribe capabilities to species and ecosystems and regard them as subjects of justice, there are still strong reasons to protect them within the capabilities approach, as the preservation of ecosystems and species is an important precondition for many human and animal capabilities. (shrink)

In recent years, scholars and researchers have discovered a new trend in the migration of unauthorized people into the United States: while the total numbers of unaccompanied migrant children crossing the border have grown exponentially in the past few years, human rights violations against migrant women have also increased significantly. This unfortunate trend is not unrelated to the intensifying border militarization and the criminalization of all unauthorized migrants. This paper attempts to provide an ethical solution to the political conundrum of (...) undocumented migration by engaging a critical discourse with major feminist theorists of justice, including Seyla Benhabib, Martha Nussbaum, Iris Marion Young, and Onora O'Neill. I develop an argument in the paper that the US government's political appropriation of forgiveness is the most justifiable and practical solution for resolving the precarious situation of undocumented migrant women and children. (shrink)

Violence, poverty, and illness are all too prevalent in our world. In order to alleviate their hold systematically, we need normative schemes with a global reach and with definite responsibilities. Martha Nussbaum’s human capabilities theory (Martha Nussbaum 2006) provides us with an insightful example. The Universal Declaration of Human Rights (The United Nations 1948), however, already includes most of the human capabilities central to Nussbaum’s theory, and violence, poverty, and illness usually appear as objectionable enough without any additional reference to (...) capabilities. In the current article, the author argues that the primary global responsibilities can mainly be established without Nussbaum’s account of capabilities. The human rights-based approach is more promising for this purpose (Jack Donnelly 2007; Abigail Gosselin, Human Rights Review 8:35–52, 2006; Ivar Kolstad, Human Rights Review, doi:10.1007/s12142-008-0103-1, 2008). However, the author also contends that Nussbaum’s theory may be very instructive as a relatively comprehensive moral approach that supplements the human rights view and inspires its adherents to assume secondary responsibilities in addition to the primary ones. Once we learn to see Nussbaum’s agenda in this way, not as the global program, but as one of the many reasonable and relatively comprehensive views in the global background culture, we can also learn to cultivate the responsibilities it implies in a duly dialogical way. (shrink)