Se situant au confluent du libéralisme politique rawlsien et de l’anthropologie néoaristotélicienne, l’approche des capabilités de Martha Nussbaum offre un cadre théorique permettant de répondre aux tensions multiculturelles. Cet article constitue une analyse détaillée de la réponse de Nussbaum à ces enjeux, qui prétend unir un pluralisme axiologique à un universalisme moral fort. Nous avancerons que la démarche entreprise par la philosophe porte une tension entre le libéralisme politique rawlsien et le cadre conceptuel apporté par la liste des capabilités. Cette (...) liste pose une difficulté par le déficit démocratique de ses fondements, n’intégrant pas suffisamment des normes d’inclusion et de représentation. Dans un dernier temps, nous tenterons de pallier ces problèmes en intégrant à l’approche de Nussbaum des exigences délibératives. (shrink)

Henry Shue’s model of basic rights and their correlative duties provides an excellent framework for analysing the requirements of global distributive justice, and for theorising about the minimum acceptable standards of human entitlement and wellbeing. Shue bases his model on the claim that certain ‘basic’ rights are of universal instrumental value, and are necessary for the enjoyment of any other rights, and of any ‘decent life’. Shue’s model provides a comprehensive argument about the importance of certain fundamental goods for all (...) human lives, though he does not consider health or health care in any significant detail. Adopting Shue’s model, I argue that access to health care is of sufficient importance to the enjoyment of any other rights that it qualifies as what Shue describes as a ‘basic’ right. I also argue that the basic right to health care is compatible with the basic rights model, and is required by it in order to for it to achieve its goal of enabling right holders to enjoy any decent life. In making this claim I also explore the requirements of the basic right to health care in terms of Shue’s triumvirate of duties and with reference to several key examples. (shrink)

This paper is written from a perspective that is sympathetic to the basic idea of the capability approach. Our aim is to compare Martha Nussbaum’s capability theory of justice with Alan Gewirth’s moral theory, on two points: the selection and the justification of a list of central capabilities. On both counts, we contend that Nussbaum’s theory suffers from flaws that Gewirth’s theory may help to remedy. First, we argue that her notion of a (dignified) human life cannot fulfill the role (...) of a normative criterion that Nussbaum wants it to play in selecting capabilities for her list. Second, we question whether Nussbaum’s method of justification is adequate, discussing both her earlier self-validating argumentative strategy and her more recent adherence to the device of an overlapping consensus. We conclude that both strategies fail to provide the capabilities theory with the firm foundation it requires. Next, we turn to Gewirth’s normative theory and discuss how it can repair these flaws. We show how his theory starts from a fundamental moral principle according to which all agents have rights to the protection of the necessary preconditions of their agency. Gewirth’s justification of this principle is then presented, using a version of a transcendental argument. Finally, we explicitly compare Nussbaum and Gewirth and briefly demonstrate what it would mean for Nussbaum to incorporate Gewirthian elements into her capabilities theory of justice. (shrink)

My dissertation combines philosophy of science and political philosophy. Drawing directly on the work of Alasdair MacIntyre and inspired by John Dewey, I develop two rival conceptions of scientific practice. I show that these rivals are closely linked to the two basic sides in the science and values debate -- the debate over the extent to which ethical and political values may legitimately influence scientific inquiry. Finally, I start to develop an account of justice that is sensitive to these legitimate (...) and illegitimate influences. (shrink)

The theory of needs has a political problem. Whilst contemporary theorists largely recognise that politics plays an important part in many of the processes surrounding our needs, they nevertheless hang onto the notion that our most important needs can be determined outside of the political. This article challenges that framing. It does so through a taxonomy and critique of the major contemporary approaches to needs. Considering the works of Len Doyal and Ian Gough, Martha Nussbaum, and Lawrence Hamilton, I divide (...) these into three strands: theories that attempt to avoid, solve, and improve the politics of need. Despite some major differences, these approaches share an understanding of the underlying challenges involved in discerning which needs matter. That framing, I argue, is responsible for certain intractable difficulties that leave needs theorists unable to provide the solutions they demand to the theoretical dilemma they posit. Moreover, in attempting to find those solutions, these theories end up ignoring their partisan implications. The conclusion I reach is that the political theory of needs is not very ‘political’ at all, and that this represents the root of the problem. I thus suggest an alternative, politically realist framing that conceptualises needs as constitutively political. (shrink)

Reshaping our methodological research tools for adequately capturing injustice and domination has been a central aspiration of feminist philosophy and social epistemology in recent years. There has been an increasingly empirical turn in recent feminist and political theorization, engaging with case studies and the challenges arising from conducting research in solidarity with unequal partners. I argue that these challenges cannot be resolved by merely adopting a norm and stance of deference to those in the struggle for justice. To conduct philosophical (...) research in an engaged and solidaristic manner, I suggest that deference be supplemented by three methodological and normative principles: 1) epistemic humility, 2) accountability, and 3) co-producing knowledge. I situate these principles within contemporary philosophical work on solidarity, and show how they might help confront power imbalances and other methodological hazards that arise when conducting research in solidarity with others. I arrive at these principles in part by critically reflecting on my own attempt to conduct research in solidarity with women’s rights activists in Senegal. (shrink)

Although the problem of adaptiveness plays an important motivating role in her work on human capabilities, Martha Nussbaum never gives a clear account of the controversial concept of adaptive preferences on which she relies. In this paper, I aim both to reconstruct the most plausible account of the concept that may be attributed to Nussbaum and to provide a critical appraisal of that account. Although her broader work on the capabilities approach moves progressively towards political liberalism as time passes, I (...) aim to show that her account of adaptive preferences continues to maintain her earlier commitment to perfectionism about the good. I then distinguish between two obligatory kinds of respect for persons, which I call, respectively, primary and secondary recognition respect. This distinction allows us to see that her perfectionist account of adaptive preferences allows her to show persons primary but not secondary recognition respect. Ultimately, I claim that an acceptable account of adaptive prefer.. (shrink)

ABSTRACT. — This article examines the concept of adaptive preference as it has appeared in feminist political philosophy since the 2000’s. This concept refers to preferences shaped in compliance with an oppressive environment and that jeopardizes one’s well-being. In the first part, the two most influential conceptions of adaptive preference will be discussed : the ones provided by the philosophers Martha Nussbaum and Serene Khader. Afterwards, I will assess these conceptions in the light of recent work by feminist anthropologists Saba (...) Mahmood and Lila Abu-Lughod, in which they revaluate the political project of feminist philosophy underlying adaptive preferences. -/- RÉSUMÉ. — Cet article porte sur le concept de préférence adaptative tel qu’il est apparu en philosophie féministe politique et anglophone depuis les années 2000. Ce concept désigne les préférences formées conformément à un milieu oppressif et qui vont à l’encontre du bien-être. Dans un premier temps, il sera question des deux théorisations les plus influentes à l’heure actuelle: celles développées par les philosophes Martha Nussbaum et Serene Khader. Ensuite, j’évaluerai ces positions à l’aune des récents travaux des anthropologues fémi- nistes Saba Mahmood et Lila Abu-Lughod, dans lesquels elles remettent en question le projet politique de la philosophie féministe sous-jacent aux préfé- rences adaptatives. (shrink)

ABSTRACTSerene Khader and Rosa Terlazzo have each recently proposed theories of adaptive preferences which purport to both respect persons’ agency and provide an effective political tool. While Khader and Terlazzo thus share a similar goal, they take fundamentally different paths in its pursuit: Khader offers a perfectionist account of APs and Terlazzo an autonomy-based theory. In this paper, I argue first that if it is to adequately respect persons’ agency, a theory of APs should in some way include autonomy considerations. (...) If it is to provide an effective political tool, however, our theory should not be entirely autonomy-based, but include a condition addressing a preference’s compatibility with basic flourishing. The suggestion is thus that it is worth considering the possibility of a ‘mixed,’ rather than exclusively perfectionist or exclusively autonomy-based, theory of APs. I outline two such theories. The first, I argue, does quite well with respect to the political efficacy aim of AP theoriz... (shrink)

This Thesis reconsiders the prospects for an approach to global justice centring on the proposal that every human being should possess a certain bundle of goods, which would include certain members of a distinctive category: the category of capabilities. My overall aim is to present a clarified and well-developed framework, within which such claims can be made. To do this, I visit a number of regions of normative and metanormative theorising. I begin by introducing the motivations for the capability approach, (...) and clarifying some of its most distinctive features. Next, I focus on Martha Nussbaum's version of the approach, and identify several problems therein. The most important concerns epistemology, and especially the challenges that constructivist theories pose. The middle part of the Thesis presents an alternative, based on the work of John McDowell, which I argue has superior prospects. Then, I turn to two further problems: that of making sense of the universalistic aspirations of cosmopolitanism, and that of integrating the microscopic prescriptions of ethics with the macroscopic analyses of political philosophy. Using the Aristotelian interpretation of its core framework that I have developed, I conclude that the capability approach can provide compelling answers to important questions about global justice. (shrink)

Online controlled experiments, also known as A/B tests, have become ubiquitous. While many practical challenges in running experiments at scale have been thoroughly discussed, the ethical dimension of A/B testing has been neglected. This article fills this gap in the literature by introducing a new, soft ethics and governance framework that explicitly recognizes how the rise of an experimentation culture in industry settings brings not only unprecedented opportunities to businesses but also significant responsibilities. More precisely, the article (a) introduces a (...) set of principles to encourage ethical and responsible experimentation to protect users, customers, and society; (b) argues that ensuring compliance with the proposed principles is a complex challenge unlikely to be addressed by resorting to a one-solution response; (c) discusses the relevance and effectiveness of several mechanisms and policies in educating, governing, and incentivizing companies conducting online controlled experiments; and (d) offers a list of prompting questions specifically designed to help and empower practitioners by stimulating specific ethical deliberations and facilitating coordination among different groups of stakeholders. (shrink)

In this paper, I argue that disabled people have a right to assistive technology, but this right cannot be grounded simply in a broader right to health care or in a more comprehensive view like the capabilities approach to justice. Both of these options are plagued by issues that I refer to as the problem of constriction, where the theory does not justify enough of the AT that disabled people should have access to, and the problem of overextension, where the (...) theory cannot adequately identify an upper limit on the AT that people have a right to. As an alternative to these justificatory frameworks, I argue that disabled people are owed access to AT at the expense of nondisabled people as a matter of compensatory justice. That is, I defend the position that disabled people are owed AT as part of due compensation for the harms they experience from being disadvantaged by society’s dominant cooperative scheme and the violation of their right to equality of opportunity that such disadvantage entails. I also propose a method for identifying an upper limit to what this right to AT requires. In this way, I argue that compensatory justice avoids both the problem of constriction and the problem of overextension. (shrink)

In this article, I develop a tension in the capabilities approach between committing to political liberalism and ensuring full capability for all persons. In particular, I argue that the capabiliti...

Accounts of adaptive preferences are of two kinds: well-being accounts fully theorized for their own sake and political accounts theorized to facilitate the political project of reducing oppression and marginalization. Given their practical role, the latter are often less fully theorized, and are therefore less robust to theoretical criticism. In this paper, I first draw on well-being accounts to identify the well-theorized elements that political accounts should want to adopt in order to strengthen their project and avoid common criticisms. Second, (...) I appeal to the political project to show the shortcomings of the well-being accounts on which I draw. (shrink)

This dissertation attempts to preserve the central tenets of a global moral theory called “the capabilities approach” as defended by Martha Nussbaum, but to do so in a way that better realizes its own goals of identifying gender injustices and gaining cross-cultural support by providing an alternative defense of it. Capabilities assess an individual’s well-being based on what she is able to do (actions) and who she is able to be (states of existence). Nussbaum grounds her theory in the intuitive (...) idea that each and every person is worthy of equal respect and dignity. The problem with grounding a theory in a version of intuitionism is that it runs the risk of authoritarian moral reasoning. I argue Nussbaum, in fact, is the final arbiter who decides which intuitions are mistaken, which are not, and how to interpret what people say to fit into her own framework. This method of justifying capabilities is most problematic in cases of social inequality whereby dominant group members do not feel they need to check their intuitions against non-dominant group members, and even if they did, they are not forced to take the non-dominant group’s intuitions seriously. I find capabilities as a global moral theory to be very promising, and I agree with Nussbaum that a list of capabilities is beneficial for identifying people who are not able to live a truly dignified human life. However, I am also sympathetic to the criticism of defending capabilities using a version of intuitionism. So, I offer an alternative method of justifying the capabilities rooted in the discourse ethics tradition. This method seeks all persons that are affected by the outcome to freely and equally share their opinion. This avoids the charge of authoritarian moral reasoning, because (1) it seeks perspectives other than simply one’s own, but unlike traditional ethics, it (2) pays special attention to the ways in which power relations shape dialogue. Ultimately, I hope to have preserved the central tenets of the capabilities approach while better realizing Nussbaum’s commitment to defending a theory that is gender sensitive and has gained cross-cultural support. (shrink)

This paper interrogates a ‘positive’ view of culture’s (potential) role in widening compliance with international human rights standards, which (1) concentrates on the ‘cultural’ bases of conflict over rights and, in consequence, (2) focuses primarily on cultural interpretation as a means of achieving greater respect for rights norms. The thrust of the paper is that the relationship between culture and human rights norms is much more complex than this positive perspective implies and, this being so, that some of its claims (...) about the potential benefits of cultural interpretation for widening rights compliance are hard to sustain. I substantiate this argument by exploring five challenges to this approach. (shrink)

I explore the usefulness of Martha Nussbaum's capabilities approach in regard to the UN Convention on the Rights of Persons with Disabilities (CRPD). The CRPD aims at empowering people with disabilities by granting them a number of civil and political, but also economic, social and cultural rights. Implementing the CRPD will clearly be politically challenging and also very expensive for states. Thus, questions might arise as to whether the requirements set in the CRPD can be justified from an ethical perspective. (...) I will first investigate if Nussbaum's capabilities approach provides support for the rights claimed in the CRPD. Second, I will investigate to what extent Nussbaum's capabilities approach is a useful tool to set priorities among rights in the course of the implementation of the convention. This is an urgent question because seen realistically, it will not be possible to realize all rights at once and thus some rights need to receive greater priority than others. I will argue that the capabilities approach can be regarded as supporting the rights specified in the CRPD, but that it proves unable to guide the implementation process due to an insufficient grounding of the capabilities. Employing the capabilities approach thus leads to only limited results. (shrink)

A capability approach prescribes paternalist government actions to the extent that it requires the promotion of specific functionings, instead of the corresponding capabilities. Capability theorists have argued that their theories do not have much of these paternalist implications, since promoting capabilities will be the rule, promoting functionings the exception. This paper critically surveys that claim. From a close investigation of Nussbaum's statements about these exceptions, it derives a framework of five categories of functionings promotion that are more or less unavoidable (...) in a capability theory. It argues that some of these categories may have an expansionary dynamic; they may give rise to widespread functionings promotion, which would defeat the capabilitarian promise that paternalist interventions will be exceptions to the rule of a focus on capabilities. Finally, the paper discusses three further theoretical issues that will be decisive in holding this paternalist tendency in check: how high one sets threshold levels of capability protection, how lengthy one's list of basic capabilities is, and how one deals with individual responsibility for choices resulting in a loss of one's capabilities. (shrink)

I argue that postcolonial feminist critiques draw our attention to four phenomena that are easily confused with what I call ?paradigmatic adaptive preference? ? and that the ability to distinguish these phenomena can improve the quality of development interventions. An individual has paradigmatic adaptive preferences (APs) if she perpetuates injustice against herself because her normative worldview is nearly completely distorted. The four look-alike phenomena postcolonial feminist critics help us identify are (a) APs caused by selective value distortion (SAPs), (b) APs (...) caused by forced tradeoffs (TAPs), (c) APs caused by misperceptions of the facts (MAPs), and (d) wellbeing-compatible preferences that are misunderstood because of a lack of cultural or contextual knowledge. The first three, I argue, are non-paradigmatic forms of AP that have gone previously unrecognized and that we need to expand our conceptual vocabulary to describe; the last is not a form of AP at all. Development practitioners can grapple more seriously with the real-world complexities of moral psychology and cross-cultural moral judgments if they are capable of distinguishing paradigmatic AP from the look-alike phenomena. (shrink)

This dissertation examines the viability of a feminist ethic of flourishing. The possibility of a eudaimonist, or flourishing-based, ethic adapted for the needs of feminist ethics and politics has recently been raised by a number of feminist moral philosophers. However, in these discussions, the degree to which an ethic of flourishing requires a substantive conception of human nature has not been adequately addressed. Flourishing-based ethical theories appear to require a substantive account of the kind of thing whose flourishing is to (...) be promoted, while contemporary academic feminism is characterized by a strong suspicion toward claims about human nature. Chapter one situates this problem in the current literature and reframes feminist anti-essentialist objections to nature claims. Chapter two analyzes three historically influential exemplars of the ethics of flourishing: Aristotle, Hume, and Marx. Employing the analytic categories developed in chapter two, chapters three through five assess the work of Rosalind Hursthouse, Martha Nussbaum, and Lisa Tessman for their adequacy to serve as the basis of a feminist ethic of flourishing. I argue that each has something of value to offer and yet each is problematic when it comes to how they appeal (or fail to appeal) to human nature. The central argument of this dissertation is that, properly understood, a theory of human nature can be a critical resource for a feminist ethic of flourishing. As such, feminist moral philosophers who would condemn oppression, gender-based subordination, and other injustices by appealing to an ideal of flourishing that is being denied or cut off, would benefit from greater attention to the assumptions about human nature that such theories of flourishing entail. On the view defended here, a normative conception of human nature is a necessary methodological element of a flourishing-based ethical theory that illuminates the reasons one has in support of a particular vision of flourishing. While I leave open the question of how such a conception of human nature could be objectively justified, this dissertation argues that a theory of human nature can serve as a normative resource for feminist moral criticism within a flourishing-based ethical framework. (shrink)

The capability approach to distributive justice, as defended by Amartya Sen and Martha Nussbaum, represents perhaps the most influential recent attempt to reconcile the competing demands of liberty and equality. Specifically, capability theorists have claimed that their insistence on the universal cultivation of a set of capabilities for basic human "functionings" is fully consistent with a liberal neutrality commitment. Their reason is that these capabilities are, like Rawls's primary goods, rational to want "whatever else one wants." This article suggests, in (...) contrast, that the capability approach fails to satisfy the neutrality requirement endorsed by both Sen and Nussbaum. It further suggests that the non-neutral character of the approach reflects its Rawlsian lineage, and raises serious doubts about the coherence of Rawls's account of primary goods. (shrink)

Dignity may just be the most promiscuous normative abstraction. This article, informed by dignity’s historical variability, political theoretic multipurpose, and conflicting jurisprudence, focuses on a particular but influential invocation of the term: dignity as the normative ground for the ‘capabilities approach’ (CA) model of social justice. We ask whether or not the CA, in particular the influential version propounded by philosopher Martha Nussbaum, requires dignity as its foundational premise, and whether or not dignity may be more costly than beneficial for (...) the CA’s vision of a minimally just society. The first section of this article rehearses the warrants of and criticisms against the dignity-basis of Nussbaum’s CA. We canvass the relatively sparse scholarship on dignity within the CA to situate our contribution. The next two sections are case studies, demonstrating dignity’s shortcomings for assessing and regulating sex and abortion, respectively. The fourth section rebuts two possible objections to our criticisms of dignity. The fifth and final section gestures toward another normative abstraction, ‘minimum conditions of individuation’, less polysemic than dignity, which might alternatively ground the CA. (shrink)

We evaluate the suitability of Nussbaum's substantive account of capabilities in light of conceptual and empirical work that has shown that positivity is widely valued and pursued as an end by many people, and evidence that positive outcomes, even economic ones, are often caused by well-being rather than the other way around. While Nussbaum sees positive emotions as incidental to the experience of well-being, we argue that the experience of such mental states is partly constitutive of flourishing.

In this article I review Jonathan Wolff and Avner de‐Shalit’s recent book Disadvantage (2007), highlighting its many contributions to egalitarian theory and practice. These contributions build to the authors’ central prescription: that policy‐makers work to create a society of equals by reducing the tendency for disadvantages to cluster around certain individuals or groups. From there, I discuss the idea of declustering disadvantage in an American context, and consider its implications for the politically salient ideal of equality of opportunity. The purpose (...) of this discussion is not to posit Wolff and de‐Shalit’s theory of disadvantage as a theory of justice as equal opportunity. Instead, I illustrate their approach by reference to an influential theory of justice, whose proponents include those taken to affirm the authors’ consensual starting point. (shrink)