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)

Cultured meat, like any new technology, raises inevitable ethical issues. For example, on animal ethics grounds, it may be argued that reformed livestock farming in which animals’ lives are worth living constitutes a better alternative than cultured meat, which, along with veganism, implies the extinction of farm animals. Another ethical argument is that, just as we would undermine human dignity by producing and consuming meat that is grown from human cells, eating meat that is grown from nonhuman animal cells would (...) violate animal dignity because it is a way to create an us and them, which would make veganism the only ethical option. The present study challenges this argument. First, I examine the fundamental issue of whether cultured meat provides such an attack on animal dignity. The second issue is whether, assuming that it is true that cultured meat undermines animal dignity, it would be acceptable to reject cultured meat even though this implies sacrificing nonhuman animals. (shrink)

Human dignity is one of the key concepts of our ethical evaluations, in politics, in biomedicine, as well as in everyday life. In moral philosophy, however, human dignity is a source of intractable trouble. It has a number of characteristic features which apparently do not fit into one coherent ethical concept. Hence, philosophers tend to ignore or circumvent the concept. There is hope for a philosophically attractive conception of human dignity, however, given that one takes three crucial turns. The negative (...) turn: to start the inquiry with violations of human dignity. The inductive turn: to consider the whole range of applications of the concept of human dignity in different areas of ethics. And finally, the historical turn: to take into account the historical bonds between human dignity and traditional conceptions of dignity. Taken together they point in the direction of an understanding of human dignity as universal nobility. (shrink)

After describing the disorder of psychopathy, I examine the theories and the evidence concerning the psychopaths’ deficient moral capacities. I first examine whether or not psychopaths can pass tests of moral knowledge. Most of the evidence suggests that they can. If there is a lack of moral understanding, then it has to be due to an incapacity that affects not their declarative knowledge of moral norms, but their deeper understanding of them. I then examine two suggestions: it is their deficient (...) practical reason or their stunted emotions that are at fault. The evidence supports both explanations. I conclude with an overview of the debate concerning whether they are morally or legally responsible for their actions. (shrink)

Recent progress in neurosciences has improved our understanding of chronic disorders of consciousness. One example of this advancement is the emergence of the new diagnostic category of minimally conscious state (MCS). The central characteristic of MCS is impaired consciousness. Though the phenomenon now referred to as MCS pre-existed its inclusion in diagnostic classifications, the current medical ethical concepts mainly apply to patients with normal consciousness and to non-conscious patients. Accordingly, how we morally should stand with persons in minimally conscious state (...) remains unclear. In this paper, I examine whether the notion of human dignity could provide us with guidance with the moral difficulties MCS gives rise to. More precisely, I focus on the question of whether we are justified in holding that persons in minimally conscious state possess human dignity. (shrink)

ABSTRACTThis article argues that received accounts of the concept of human dignity face more difficulties than has been appreciated, when explaining the connection between human dignity and the duty of respect that dignity is supposed to generate. It also argues that a novel, relational, account has the adequate structure to explain such connection.

In spite of the burgeoning philosophical literature on human dignity, Stephen Darwall's second-personal account of the dignity of persons has not received the attention it deserves. This article investigates Darwall's account and argues that it faces a dilemma, for it succumbs either to a problem of antecedence or to the wrong kind of reasons problem. But this need not mean one should reject a second-personal account. Instead, I argue that an alternative second-personal conception, one I will call relational, promises to (...) solve the dilemma by avoiding both the problem of antecedence and the wrong kind of reasons problem. More generally, distinguishing these two second-personal conceptions of the dignity of persons is important to enrich the available philosophical accounts of human dignity. (shrink)

Although the idea of dignity has always been applied to human beings and although its role is far from being uncontroversial, some recent works in animal ethics have tried to apply the idea of dignity to animals. The aim of this paper is to discuss critically whether these attempts are convincing and sensible. In order to assess these proposals, I put forward two formal conditions that any conception of dignity must meet and outline three main approaches which might justify the (...) application of dignity to animals: the species-based approach, moral individualism and the relational approach. Discussing in particular works by Martha Nussbaum and Michael Meyer I argue that no approach can convincingly justify the extension of dignity to animals because all fail to meet the formal conditions and do not provide an appropriate basis for animal dignity. I conclude by arguing that the recognition of the moral importance of animals and their defense should appeal to other normative concepts which are more appropriate than dignity. (shrink)

Many nonhuman animals have the emotional capacities to form caring relationships that matter to them, and for their immediate welfare. Drawing from care ethics, we argue that these relationships also matter as objectively valuable states of affairs. They are part of what is good in this world. However, the value of care is precarious in human-animal interactions. Be it in farming, research, wildlife ‘management’, zoos, or pet-keeping, the prevention, disruption, manipulation, and instrumentalization of care in animals by humans is ubiquitous. (...) We criticize a narrow conception of welfare that, in practice, tends to overlook non-experiential forms of harm that occur when we interfere with caring animals. Additionally, we point out wrongs against caring animals that are not just unaccounted for but denied by even an expansive welfare perspective: The instrumentalization of care and caring animals in systems of use can occur as a harmless wrong that an approach purely focused on welfare may, in fact, condone. We should therefore adopt an ethical perspective that goes beyond welfare in our dealings with caring animals. (shrink)

In recent years, debates about euthanasia and assisted suicide have increased to the point that now, many people defend the recognition of the right to die, the right for people to decide upon the end of their life. Consistently, advocates fight to legalise practices such as euthanasia to guarantee patients’ possibility to die when they request it. In this paper, I review two of the strongest arguments invoked by proponents of physician-assisted suicide: the argument for compassion and the argument for (...) dignity. The focus of this paper is to propose a review of these arguments through the lens of virtue ethics to inform the debate on physician-assisted suicide and question the relevance of such arguments for the legalisation of that right that would greatly ease the possibilities to end the life of a patient asking for it. (shrink)

Martha Nussbaum has sought to establish the significance of disability for liberal theories of justice. She proposes that human dignity can serve as the basis of an entitlement to a set of capabilities that all human beings either possess or have the potential to develop. This article considers whether the concept of human dignity will serve as the justification for basic human capabilities in accounting for the demands of justice for people with profound learning difficulties and disabilities. It examines the (...) relationship between dignity and capabilities, suggesting that Nussbaum fails to distinguish between several conceptions of human dignity, whilst also identifying one of these conceptions as coming close to meeting several of her demands. It is difficult enough, however, to show how dignity is related to just one of our basic entitlements, and even that requires more than the resources available in Nussbaum's approach. (shrink)

Wonder’s significance is a recurrent theme in the history of philosophy. In the Theaetetus, Plato’s Socrates claims that philosophy begins in wonder (thaumazein). Aristotle echoes these sentiments in his Metaphysics; it is wonder and astonishment that first led us to philosophize. Philosophers from the Ancients through Wittgenstein discuss wonder, yet scant recent attention has been given to developing a general systematic account of emotional wonder. I develop an account of emotional wonder and defend its connection with apparent or seeming value. (...) Recently, several philosophers invoke wonder to back non-eudaimonistic value judgments. I introduce methods to incorporate these judgments into a eudaimonistic moral framework. On the analysis presented, wonder requires its object to seem valuable, but whether the object is in fact valuable remains an open question. Wonder enraptures us with objects that might be of true or merely illusory value, grounded either in our own well-being or in non-eudaimonistic value. (shrink)

There appears to be a tension between two commitments in liberalism. The first is that citizens, as rational agents possessing dignity, are owed a justification for principles of justice. The second is that members of society who do not meet the requirements of rational agency are owed justice. These notions conflict because the first commitment is often expressed through the device of the social contract, which seems to confine the scope of justice to rational agents. So, contractarianism seems to ignore (...) the justice claims of the severely cognitively impaired. To solve this problem, Martha Nussbaum proposes the capabilities approach. The justifiability condition, on this approach, is met by the idea of overlapping consensus. This essay argues that overlapping consensus cannot meet liberalism’s justifiability condition, nor is it more inclusive of the cognitively impaired. Therefore, we have reason to retain the contract device and look for another way to ensure that liberalism respects the justice claims of all. (shrink)

This article suggests that those individuals typically acknowledged as vulnerable during public health crises, such as pandemics, are often-times doubly so. I suggest that individuals can be vulnerable in a person-affecting way as well as in a personhood-affecting way. I suggest that the former notion of vulnerability coincides with many existing accounts of vulnerability and that subsequently, many of the more standard arguments for moral and justice-based obligations to minimize such vulnerability, hold. I also suggest that the latter notion of (...) vulnerability adds another layer of vulnerability to those that we typically view to be at risk. I argue that personhood-vulnerability constitutes a novel interpretation of vulnerability than expands our ideas of the kinds of harm that emerge during public health crises. (shrink)

As the world population is rapidly aging, stakeholders must address the care of the elderly with great concern. Also, loss of dignity is often associated with aging due to dementia, mobility problems and diminished functional autonomy. However, dignity is a polysemic term that is deemed useless by some ethicists. To counter this claim, we propose four concepts to define it better and make use accurately of this notion. These are human dignity, dignity of identity, dignities of excellence and attributed dignities. (...) Finally, we explain the importance of solicitude and human dignity in the care of the elderly. This will ensure the respect, friendship and dignity of the elderly in providing geriatric ethical care. (shrink)

There are increasing calls for rejecting the ‘dead donor’ rule and permitting ‘organ donation euthanasia’ in organ transplantation. I argue that the fundamental problem with this proposal is that it would bestow more worth on the organs than the donor who has them. What is at stake is the basis of human equality, which, I argue, should be based on an ineliminable dignity that each of us has in virtue of having a rational nature. To allow mortal harvesting would be (...) to make our worth contingent upon variable quality of life of judgments that can only be based on properties that come in degrees. Thus, rejecting the ‘dead donor’ rule comes at the expense of our egalitarian principles with respect to the value each individual human life has in relation to the protections against killing. (shrink)

Analysing two reproductive rights claims brought before the High Court of Namibia and the European Court of Human Rights, this article argues that human dignity is not reducible to a recognized warrant to demand a particular set of goods, services, or treatments. Rather, dignity in the contexts in which women experience sterilization abuse would be better characterized as an existential protest against degradation, a protest that takes concrete form in legal demands for equal citizenship. Equality is conceived here as necessitating (...) the elimination of all forms of discrimination against women in public and private life. The dignity as non-discrimination framework developed in the article thus integrates two of the leading interpretations of dignity in contemporary political philosophy – the existentialist approach that attends to the inward cry against degradation and the view of dignity as the equal, public status of democratic citizenship. (shrink)

The aim of this article is to bring to social theorists’ attention the growing visibility of the notion of dignity within human rights legislation, bioethics and public discourse generally, as well as to evaluate this term’s potential to enhance our capacities to respond to old and new challenges. The article starts with a short presentation of the career of the concept and discussion of the various impasses and conceptual tensions connected with the notion of human dignity. It is followed by (...) an exploration of how the idea of human dignity has become one of the main achievements of modern times. The question of how respect for human dignity has turned out to be the fundamental feature of democratic society is addressed with help from both Waldron’s perspective on human dignity as the ground of human rights and Habermas’s approach that stresses the moral content of human rights. The final part of the article examines the value of the notion of dignity for social theorizing by looking at ways the employment of the concept may contribute to sociological thought and enquiry. (shrink)

Is there a difference between human beings and those based on artificial intelligence that would affect their ability to be subjects of dignity? This paper first examines the philosophical notion of dignity as Immanuel Kant derives it from the moral autonomy of the individual. It then asks whether animals and AI systems can claim Kantian dignity or whether there is a sharp divide between human beings, animals and AI systems regarding their ability to be subjects of dignity. How this question (...) is answered depends crucially on one’s understanding of what constitutes human dignity and autonomy, and what requirements one places upon systems in order for them to be seen as morally autonomous. (shrink)

Nylig igangsatte FN Post-2015, sin nye utviklingsagenda. Sentralt er en global kamp for bedret helse, hvor det å leve et menneskeverdig liv står i sentrum. Imidlertid er forståelsen av selve helsebegrepet omstridt. Noen mener at det bør knyttes an til jus og menneskerettigheter, mens andre foreslår etikk og menneskeverd. Dette hviler i sin tur på motstridende menneskesyn i den globale helseetiske diskursen, nemlig mennesket som enten autonomt eller avhengig. I artikkelen analyserer jeg denne debatten ut fra det jeg hevder er (...) Martha Nussbaums globale helseetikk, som baseres på hennes kapabilitetstilnærming så vel som begrep om ‘helse som livskvalitet’. Min konklusjon er at Nussbaums normative begrunnelse for Post-2015 ut fra et kroppslig forankret menneskeverd er det mest overbevisende av de to konkurrerende svarene.Nøkkelord: global helseetikk, Martha Nussbaum, menneskeverd, menneskerettigheter, post-2015English summary: Living a dignified life - Martha Nussbaum's global health ethicsThe UN recently launched Post-2015, which is its new development agenda. Central here is the global struggle for improved health, in which what it takes to live a dignified life is stressed. However, the understanding of the notion of health is disputed. Some believe that it should be linked to law and the human rights, while others suggest ethics and human dignity. Which in turn rests on conflicting stands in the global health ethical discourse regards to the view of humanity, namely either as autonomous or dependent. In the paper I analyse this discourse, in which my point of departure is Martha Nussbaum’s capabilities approach as well as her concept of health as life quality. This I read exactly as a global health ethics. Thus, I conclude that between the two competing answers, Nussbaum’s normative justification for Post-2015 on the basis of bodily grounded human dignity is the most convincing.Keywords: global health ethics, Martha Nussbaum, human dignity, human rights, Post-2015. (shrink)

Human dignity has long been used as a foundational principle in policy documents and ethical guidelines intended to govern various forms of biomedical research. Despite the vast amount of literature concerning human dignity and embryonic tissues, the majority of biomedical research uses non-embryonic human tissue. Therefore, this contribution addresses a notable lacuna in the literature: the relationship, if any, between human dignity and human tissue. This paper first elaborates a multidimensional understanding of human dignity that overcomes many of the shortcomings (...) associated with the use of human dignity in other ethical debates. Second, it discusses the relationship between such an understanding of human dignity and ‘non-embryonic’ human tissue. Finally, it considers the implications of this relationship for biomedical research and practice involving human tissue. The contribution demonstrates that while human tissue cannot be said to have human dignity, human dignity is nevertheless implicated by human tissue, making what is done with human tissue and how it is done worthy of moral consideration. (shrink)

In the debates concerning the ethics of human enhancement through biological or technological modifications, there have been several appeals to the concept of human dignity, both by those favouring such enhancement and by those opposing it. The result is the phenomenon of ‘dignity talk', where opposing sides both appeal to the concept of human dignity to ground their arguments resulting in a moral impasse. This article examines the use of the concept of human dignity in the enhancement debates and reveals (...) that the problem of dignity talk arises because proponents of various positions tend to ground human dignity in different features of the human individual. These features include species-membership, possession of a particular capacity, a sense of self-worth, and moral behaviour. The article proposes a solution to this problem by appealing to another feature of human beings, namely their being-in-relationship-over-time. Doing so enables us to understand dignity as a concept that affirms the worth of human individuals as complex, multidimensional wholes, rather than as isolated features. Consequently, the concept of human dignity can serve both a descriptive and a normative function in the enhancement debates. At a descriptive level, asking what advocates of a position mean when they refer to human dignity will reveal what aspects of being human they deem to be most valuable. The debate can then focus on these values. The normative function, although it cannot proscribe or prescribe all enhancement, approves only those enhancements that contribute to the flourishing of human individuals as multidimensional wholes. (shrink)

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)

In this article, we develop a non-rights-based argument based on beneficence (i.e., the welfare of individuals and communities) and justice as the disposition to act justly to promote equity in health care resource allocation. To this end, we structured our analysis according to the following main sections. The first section examines the work of Amartya Sen and his equality of capabilities approach and outlines a framework of health care as a fundamental human need. In the subsequent section, we provide a (...) definition of health equity based on the moral imperative to guarantee that every individual ought to have the freedom to pursue health goals and well-being. In the later part of the article, we outline a non-right approach to health care based on three pillars: (1) human flourishing, (2) justice as a disposition not a process, and (3) solidarity. (shrink)

A key question in disability studies, philosophy, and bioethics concerns the relationship between disability and well-being. The mere difference view, endorsed by Elizabeth Barnes, claims that physical and sensory disabilities by themselves do not make a person worse off overall—any negative impacts on welfare are due to social injustice. This article argues that Barnes’s Value Neutral Model does not extend to intellectual disability. Intellectual disability is (1) intrinsically bad—by itself it makes a person worse off, apart from a non-accommodating environment; (...) (2) universally bad—it lowers quality of life for every intellectually disabled person; and (3) globally bad—it reduces a person’s overall well-being. While people with intellectual disabilities are functionally disadvantaged, this does not imply that they are morally inferior—lower quality of life does not mean lesser moral status. No clinical implications concerning disability-based selective abortion, denial of life-saving treatment, or rationing of scarce resources follow from the claim that intellectual disability is bad difference. (shrink)

This paper contends that the conventional ethical and legal ways of analysing the wrong involved in the misuse of human body parts are inadequate, and should be replaced with an analysis based on human dignity. It examines the various ways in which dignity has been understood, outlines many of the criticisms made of those ways , and proposes a new way of seeing dignity which is exegetically consonant with the way in which dignity has been historically understood, and yet avoids (...) the pitfalls which have led to dignity being dismissed by many as hopelessly amorphous or incurably theological. The account of dignity proposed is broadly Aristotelian. It defines dignity in terms of human thriving, and presupposes that it is possible, at least in principle, to determine empirically what makes humans thrive. It contends that humans are quintessentially relational animals, and that it is not possible to define humans as atomistic entities. One important corollary of this is that when using dignity/thriving as a criterion for determining the ethical acceptability of a proposed action or inaction, one should ask not merely how the dignity interests of the patient would be affected, but how the dignity interests of all stakeholders would be affected. The business of ethics is then the business of auditing all those interests, and determining the course of action which would maximise the amount of thriving in the world. (shrink)

The concept of dignity plays a foundational role in the more recent versions of Martha Nussbaum’s capabilities theory. However, despite its centrality to her theory, Nussbaum’s conception of dignity remains under-theorised. In this paper we critically examine the role that dignity plays in Nussbaum’s theory by, first, developing an account of the concept of dignity and introducing a distinction between two types of dignity, status dignity and achievement dignity. Next, drawing on this account, we analyse Nussbaum’s conception of dignity and (...) contrast it with Kant’s conception of dignity. On the basis of this comparison between Nussbaum and Kant, we highlight tensions between Nussbaum’s Aristotelianism, which is central to her conception of dignity, and her commitment to political liberalism. This leads us to conclude that Nussbaum’s claim that her conception of dignity is only a partial political conception is implausible and that her conception of dignity seems to commit her to a satisficing form of perfectionist liberalism. (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’ 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)

In an era in which certain arenas of scientific research have become increasingly controversial, this article critically evaluates what it means to “believe in science.” Many scientists today seem to claim a sovereign right to no political interference under the rubric of freedom. This article questions such a notion, and explores the dominance of science and the silencing of moral voices by undertaking two brief investigations—the first into National Socialist Germany, which insisted that it was defined by “applied biology,” and (...) the second into the world of contemporary American biomedicine. When all ethical barriers are eradicated, it seems that a will to power takes over—manifested in Nazi Germany’s vaunted scientific autonomy. In light of these sobering historical examples, this article reminds the reader that members of the public, including physicians, rightly deliberate about how to conscientiously order their lives together, and that part of that instrinsically political deliberation is to set limits to the ways medical science is applied and what scientists may do in pursuit of their goals. (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)

In this paper I argue that the idea of human dignity has a precise and philosophically relevant sense. Following recent works,we can find some important clues in the long history of the term.Traditionally, dignity conveys the idea of a high and honourable position in a hierarchical order, either in society or in nature. At first glance, nothing may seem more contrary to the contemporary conception of human dignity, especially in regard to human rights.However,an account of dignity as high rank provides (...) an illuminating perspective on the role it plays in the egalitarian discourse of human rights. In order to preserve that relational sense regarding human dignity, we can use the notion of moral status, towhich somemoral philosophers have paid attention in recent years.I explore the possibilities of the idea of moral status to better understand the idea of human dignity and its close relationship with human rights. (shrink)

Martha Nussbaum’s conception of dignity is integral to her capabilities approach. She argues that dignity is rooted in the flourishing and striving of animals. Her view is distinct from Kant’s, as Kant claims that persons have dignity in virtue of their rational nature. Though Nussbaum’s conception of dignity is important to her approach, its exact content and its relation to her thought is not clearly stated in her work, and I will attempt to provide an overview of Nussbaum’s conception of (...) dignity. Also I will compare and contrast Nussbaum’s dignity with Kant’s. Nussbaum provides four reasons for why her approach is superior to the Kantian split between rationality and animality, all of which I will examine. Finally, I will look at three areas of Nussbaum’s theory which require further exploration. (shrink)

In this article I provide an analysis of some salient concepts of dignity. The text is a development of a work which was initiated in the year 2000 in the research programme Dignity and Older Europeans supported by the European Union. The programme was both theoretical and empirical. The empirical part, which was the most comprehensive, consisted of focus-group interviews with health care and social care personnel, elderly persons within health care or social care, and representatives from the general public. (...) The interviews concerned the care of the elderly and attitudes towards the elderly. Some questions concerned how the interviewees conceived the concept of dignity and what they meant by behaviour respectful of dignity in the care of the elderly. Altogether around 1000 focus-group interviews were conducted in seven of the countries involved. The theoretical part of the programme consisted of an analysis of the concepts of dignity based on studies of dictionary entries in six languages as well as previous philosophical analyses of the concept. In the theoretical part of the study there emerged four different concepts of dignity: dignity of merit, dignity of moral standing, dignity of identity and human dignity. Characterizations of these concepts have been presented and developed in several publications, for example Nordenfelt and. In the present article this analysis is taken a step further. I take as a starting point some previous studies, including Schroeder, Sulmasy and my earlier ones, and propose an improvement and clarification of my earlier classification of dignities. At the same time I enlarge the analysis to concern worths in general and how these are attached to entities in general, not just human beings. The four kinds of dignities which I now propose are called: attributed dignity, dignity of inflorescence, dignity of identity and human dignity. (shrink)

What people are realistically able to do and be in their lives, their capabilities, are of central moral importance according to the capability approach of Amartya Sen and Martha Nussbaum. Examples are the capabilities to be healthy or to be part of a community. The CA has become an influential normative framework for reflecting on justice, equality, well-being and development. In the past decades it has been successfully applied to areas such as education and health care. Only quite recently have (...) scholars started to use the CA to reflect on technology, for example on the contribution of ICT to development in the Global South. Much of this work is empirical. This dissertation contributes to the theoretical foundations for future empirical and ethical work by providing a philosophical exploration of how the CA can be brought to bear on technology. It discusses the applicability and added value of the CA for the design of technical artifacts, for the evaluation of technological development projects, and for the assessment of technology from the perspective of the good life. One main question addressed in this dissertation is which technology theories and design approaches could fruitfully supplement the CA, in order to ‘operationalize’ it in this new area. For this purpose participatory design, value sensitive design, the use plan account of technical artifacts, inclusive/universal design, actor-network theory, appropriate technology, pluralist theories of technology and the system/network view of technology are discussed. Another guiding question is what the exact nature is of human capabilities as discussed in the CA, and technology in the sense of technical artifacts, and how we can then conceptualize the relation between them. It is argued that we need to regularly move back and forth between ‘zooming in’ and ‘zooming out’. The former allows us to see the details of design of technical artifacts, the latter how exactly technical artifacts are embedded in broader socio-technical networks. Both, it is claimed, are crucial for the expansion of human capabilities. (shrink)

Most punishment theories acknowledge neither the full extent of the harms which punishment risks, nor the caring practices which punishment entails. Consequently, I shall argue, punishment in most of its current conceptualizations is inconsistent with treating offenders as equals qua persons. The nature of criminal punishment, and of our interactions with offenders in punishment decision-making and delivery, risks causing harm to offenders. Harm is normalized when central to definitions of punishment, desensitizing us to unintended harms and obscuring caring practices. Offenders (...) may be partially silenced and excluded by mainstream criminal justice practices which limit interaction between offenders and practitioners. When we ignore significant harms, or silence and exclude, we treat others as passive non-subjects. This partially objectifies offenders, and is inconsistent with treatment as equals. Penal theories employing harm-centred and harm-normalizing definitions of punishment can provide few resources to help practitioners either avoid, or recognize and respond to, harms. Care ethics, by contrast, motivates the avoidance of harm, ongoing inclusive engagement, and respectful interaction with others. I argue that defining punishment without presupposing harm facilitates the identification of morally problematic harms, and recognition of caring practices. I offer a principled argument, and political and pragmatic supplementary arguments, for responding to offenders without intentional harm and with care. Principles drawn from care ethics can help to strengthen mainstream criminal practices by structuring decision-making and action. Bottom-up alternative criminal justice practices share some values with these proposed guiding principles, allowing a partial test of the principles. I consider examples of restorative justice practices, therapeutic jurisprudence, community justice and other problem-solving court practices, in addition to considering how well mainstream punishment practices measure up to these principles. My analysis illuminates the strengths and weaknesses of the principles, and how they might contribute to securing treatment as equals for offenders in mainstream practices. (shrink)