A just social arrangement must guarantee a right to health care for all. This right should be understood as a positive right to basic human functional capabilities. The present article aims to delineate the right to health care as part of an account of distributive justice in health care in terms of the sufficiency of basic human functional capabilities. According to the proposed account, every individual currently living beneath the sufficiency threshold or in jeopardy of falling beneath the threshold has (...) a legitimate claim to justice. People's entitlements to health care should not be determined on the basis of brute luck and their efforts to maintain healthy lifestyles. The prioritization of competing claim-rights of individuals is guided by two allocation principles: number and benefit-size weighted sufficiency (among people beneath the threshold) and need-weighted utilitarianism (among people above the threshold). (shrink)

"This book does nothing less than to set new standards in combining philosophical with political theology.

How do we know which institutions provide good care? Some scholars argue that the best way to think about care institutions is to model them upon the family or the market. This paper argues, on the contrary, that when we make explicit some background conditions of good family care, we can apply what we know to better institutionalized caring. After considering elements of bad and good care, from an institutional perspective, the paper argues that good care in an institutional context (...) has three central foci: the purpose of care, a recognition of power relations, and the need for pluralistic, particular tailoring of care to meet individuals? needs. These elements further require political space within institutions to address such concerns. (shrink)

What are the respective roles and responsibilities of global, national, and local communities as well as individuals themselves to address health deprivations and avert health threats? This article offers the beginnings of a theory of global health justice, arguing for universal ethical norms (general duty) with shared global and domestic responsibility (specific duties) for health. It offers a global minimalist view I call ‘ provincial globalism ’ as a mean between nationalism and cosmopolitanism, in which a provincial consensus must accompany (...) a global consensus on health morality. This minimalist account asserts global and national duties to promote human flourishing and, more specifically, individuals’ central health capabilities. In this view, justice requires prioritizing responsibilities through shared health governance to reduce shortfall inequalities in central health capabilities — a general duty to reduce premature mortality and escapable morbidity. It examines the difficulties presented by the philosophical principles of connectedness, causality, remediation, partiality, and capacity in the allocation of responsibility for global health. It offers a theory of responsibility allocation based on a functional, health agency centered and homeostatic balanced understanding of the analytical components required to solve global health problems and parcels out roles and responsibilities at the global, national, local, and individual levels accordingly. Allocations of responsibility rest on the effectiveness and special obligations of different actors, respecting self-determination by groups and individuals and seeking voluntary commitments . This view understands that the remedy for global health problems must be sustainable to take nations and the global health community to a new global health equilibrium that remedies current problems and prepares for new health threats to come. (shrink)

This paper examines the distinction drawn by Amartya Sen between transcendental and comparative theories of justice, and its application to Rawls' doctrine. It then puts forward three arguments. First, it is argued that Sen offers a limited portrayal of Rawls' doctrine. This is the result of a rhetorical strategy that depicts Rawlsian doctrine as more “transcendental” than it really is. Although Sen deploys numerous quotations in support of his interpretation, it is possible to offer a less transcendental interpretation of Rawls. (...) Second, the dichotomy between transcendental and comparative approaches to questions of justice is partly misleading, insofar as any plausible moral doctrine has both transcendental and comparative elements. Transcendental elements are necessary to avoid the confusion between the general acceptance of a norm, value or principle and its justification. A comparative view highlights the conditions of application of the doctrine to the real world, taking into account the possibility of moral dilemmas, evaluative disagreements and limited resources, while proposing possible provisos and caveats to the risk of the doctrine being self‐defeating. Third, although the transcendental approach is useful, it is argued that in elaborating this dichotomy Sen overlooks the merits of the third way between comparative and transcendental doctrines, what he calls “conglomerate theory,” and also the possibility that his doctrine (the capability approach) might be considered as an example of such a theory. The paper concludes with the argument that conglomerate theory does not aim to produce complete moral orderings, but rather a comparative approach with transcendental elements, as a form of weak transcendentalism. (shrink)

Straipsnyje teigiama, kad ikipolitiškumo ir politiškumo skirtis, išreikšta valstybės ir namų ūkio sąvokomis, yra esminga suvokiant Aristotelio bendruomeninius projektus. Mąstymas šia skirtimi atskleidžia tokių bendruomeninių projektų struktūrą ir principus bei pašalina įtampas, glūdinčias skirtinguose ir dažnai nesuderinamuose Aristotelio teiginiuose. Straipsnyje parodoma, kaip namų ūkį bei valstybę galima apibrėžti kaip skirtingas ir vis dėlto tarpusavyje priklausomas bendruomenes ir kaip jų apibrėžimai paveikia konkrečių konstitucinių bendruomenių suvokimą.

Many political philosophers have held that democracy has epistemic benefits. Most commonly, this case is made by arguing that democracies are better able to track the truth than other political arrangements. Truth, however, is not the only epistemic good that is politically valuable. A number of other epistemic goods – goods including evidence, intellectual virtue, epistemic justice, and empathetic understanding – can also have political value, and in ways that go beyond the value of truth. In this paper, I will (...) survey those who have argued that democracy can be valuable because of these other epistemic benefits, considering (1) the ways in which these epistemic goods can be of political value and (2) the challenges that democracies face in producing them. (shrink)

Political practices often aim to reach valuable outcomes through democratic processes. However, philosophical considerations and democratic deliberations sometimes support different conclusions about what a valuable outcome would be. This paper contributes to a research agenda that aims to reconcile recommendations that follow from these different bases. The setting for this research agenda is capabilitarian. It affirms the idea that what we should distribute are substantive freedoms to be and do things that people have reason to value. Disagreements about these valuable (...) outcomes become particularly problematic in urgent situations such as pandemics, floods, and wildfires. These situations are urgent since they are time-sensitive and involve an impending loss of well-being. A method of compromise would help mitigate losses of well-being while respecting the aim of reaching valuable outcomes through democratic processes. I thus offer an equitable and decisive method of compromise that helps integrate philosophical considerations with democratic deliberations. (shrink)

El concepto de desarrollo humano del Programa de las Naciones Unidas para el Desarrollo (PNUD) surge en 1990 como una crítica a la consideración de la economía como el fin último de los esfuerzos del desarrollo. En la visión del PNUD, la economía es considerada un fin relativo, es decir, un fin y un medio para el desarrollo humano. Al considerar, por su parte, el fin del desarrollo humano, este es identificado con el ensanchamiento de las opciones y libertades de (...) que gozan los individuos. En este sentido, este concepto de desarrollo humano hace alusión a una práctica política más que a un entendimiento ético-ontológico del ser humano, evitando referirse a desarrollo humano entendido como un desarrollo del ser humano. Este artículo explora los antecedentes del concepto del desarrollo humano del PNUD y los fines que consideran estos enfoques previos. Se observa que la consideración subjetivista del PNUD proviene de la teoría de Amartya Sen, quien queda sujeto a la crítica objetivista de Martha Nussbaum al no considera un fin objetivo para los asuntos humanos, crítica que puede de igual manera aplicarse al concepto de desarrollo humano del PNUD. (shrink)

This book offers an overview of the ethical problems posed by Information Warfare, and of the different approaches and methods used to solve them, in order to provide the reader with a better grasp of the ethical conundrums posed by this new form of warfare. -/- The volume is divided into three parts, each comprising four chapters. The first part focuses on issues pertaining to the concept of Information Warfare and the clarifications that need to be made in order to (...) address its ethical implications. The second part collects contributions focusing on Just War Theory and its application to the case of Information Warfare. The third part adopts alternative approaches to Just War Theory for analysing the ethical implications of this phenomenon. Finally, an afterword by Neelie Kroes - Vice President of the European Commission and European Digital Agenda Commissioner - concludes the volume. Her contribution describes the interests and commitments of the European Digital Agenda with respect to research for the development and deployment of robots in various circumstances, including warfare. (shrink)

Property regimes are based on fundamental values of the society or group that designs and reproduces them. This paper analyses the ethical underpinnings of Progressive Commons in comparison to the...

According to some philosophers of technology, technology embodies moral values in virtue of its functional properties and the intentions of its designers. But this paper shows that such an account makes the values supposedly embedded in technology epistemically opaque and that it does not allow for values to change. Therefore, to overcome these shortcomings, the paper introduces the novel Affordance Account of Value Embedding as a superior alternative. Accordingly, artefacts bear affordances, that is, artefacts make certain actions likelier given the (...) circumstances. Based on an interdisciplinary perspective that invokes recent moral anthropology, I conceptualize affordances as response-dependent properties. That is, they depend on intrinsic as well as extrinsic properties of the artefact. We have reason to value these properties. Therefore, artefacts embody values and are not value-neutral, which has practical implications for the design of new technologies. (shrink)

The political morality that Plato and Aristotle supported was governed by various anthropological and social determinants, which means that they focused on man understood as a citizen and interpreted through the dialectic as well as through the prospects of the city’s happiness, since for both of them man was a social animal. The political ethics of Plato and Aristotle does not endanger the political community with political bankruptcy. This political morality does not start from intransigent principles to reach a compromise (...) that has already been surpassed by the previous negative dynamics. The Byzantine political morality oscillates between the individual and the totality. It is not governed by individualism but rather by communitarianism, which entails that it confirms the dynamics of unity within the city. The Byzantine political morals is imbued with an anticipation of the political crisis, it seeks to identify any negative developments and strives to avoid the political marginalization of the citizens who are likely to rebel against any autocratic government. The Byzantine political morality is, thus, not an idle and selfish political introversion, concerned merely with political crises, conflict scenarios and conspiracy theories, as it strives to come up with various solutions that should guarantee political balance. (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)

The article argues that the currently dominating, Western-originated individualistic and materialistic concept of development as ‘progress’ has created an evident confusion between ‘values and facts,’ ‘ideologies/ideals and practices,’ ‘ends and means’ in the current development thinking and practice. Instead of realizing such humanistic ideas as human flourishing and holistic well-being, current development agenda focuses on economic growth and producing ‘better business environments.’ Since this model for development has gradually been globalized, any alternative patters of conceptualizing development and setting alternative ideals (...) for it have efficiently been disparaged. However, if we take the unsustainability of this model seriously and care for the survival of human kind, we need to look for new and alternative directions for development. In this we can learn from the developmental values of other cultures. This article introduces some exploratory thoughts on what African philosophy could offer to the debate on global development. (shrink)

La naturaleza interdisciplinar del "enfoque de las capacidades" ha hecho que su estudio se encuentre diseminado en un amplio espectro de revistas. Así el CA se ha asentado en las áreas de la filosofía política o la economía del desarrollo, y ha ampliado su alcance al ser utilizado como marco teórico para la creación de indicadores sobre la privación, la calidad de vida o la salud, o bien para abordar las cuestiones de la educación superior o el impacto de la (...) tecnología en la vida de las personas. Se ofrece una visión general sobre los principales conceptos empleados en ese enfoque, buscando distinguir las propuestas de A. Sen y M. Nussbaum, con el fin de analizar la idea de sostenibilidad y su incorporación en la agenda del enfoque. The interdisciplinary nature of the "Capability Approach" has resulted in its dissemination in a broad range of journals. As a result, the CA has spread to political philosophy and economic development and its scope has been expanded to be used as a theoretical framework in the creation of indicators on deprivation, quality of life or health. It has also been used to approach issues of higher education and the impact of technology on people's lives. The article offers an overview of the main concepts used in this approach, seeking to differentiate A. Sen and M. Nussbaum's proposals, in order to analyze sustainability and its inclusion in the approach agenda. (shrink)

Ricoeur defines attestation as the "assurance of being oneself acting and suffering" or as the "assurance - the credence and the trust - of existing in the mode of selfhood." In this dissertation I discuss the concept of attestation in Ricoeur's philosophy in relation to the main dimensions of the self: Capacities, personal identity, memory and otherness. I state that attestation is the key to the three dialectics of Ricoeur's hermeneutics of the self: The dialectic between reflection and analysis, the (...) dialectic between idem-identity and ipse-identity and the dialectic between oneself and other. In these three dialectics, attestation, as the assurance of being oneself acting and suffering, allows the self to appropriate its otherness: The otherness of its capacities, the otherness of its identity, the otherness of its body, of other people and of its conscience. In other words, the self gains the confidence of being a self through the confidence that the actions it performs and the words it says are its own actions and words; the confidence that the narratives it tells express its own identity; the confidence that the body is its own body; the confidence that the esteem of others mediates its own esteem and that the values that it embraces are its own values. This analysis is made in the first four chapters of this dissertation. In the fifth chapter I explore the relationship between attestation and recognition. Attestation is not only necessary to understand the self at a hermeneutical level, but at the same time attestation shows a main ontological trait of the self: The self is attestation in the sense that the self is the confidence of existing as a self, confidence that is gained by appropriating its otherness. Thus, the concept of attestation along with providing an understanding of the self through otherness shows us that to become a self we need to attest to our self by appropriating our otherness. Then, as a conclusion, we can state that attestation serves as a bridge between hermeneutics and ontology in the philosophy of Paul Ricoeur. (shrink)

The recent outbreak of Ebola in West Africa has killed thousands of people, including healthcare workers. African responses have been varied and largely ineffective. The WHO and the international community’s belated responses have yet to quell the epidemic. The crisis is characteristic of a failure to properly comply with the International Health Regulations 2005. More generally, it stems from a failure of international health justice as articulated by a range of legal institutions and instruments, and it should prompt us to (...) question the state and direction of approaches to the governance of global public health. This paper queries what might be done to lift global public health as a policy arena to the place of prominence that it deserves. It argues that there are at least two critical reasons for the past, present and easily anticipated future failings of the global public health regime. After exploring those, it then articulates a new way forward, identifying three courses of action that might be adopted in realising better health outcomes and global health justice, namely value, institutional and legal reform. (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)

Una interpretación aristotélica del concepto de desarrollo humano propone como fin último del desarrollo la eudaimonía o felicidad, esto es, la plena realización de la capacidad eudemónica en el alma humana. Para esto se requiere del desarrollo de sus partes racional e irracional, lo que demanda como medios una ética y una dianoética del desarrollo, referidos a los modos de ser de las respectivas partes del alma. La interacción entre ambas partes genera siempre un ciclo virtuoso, existiendo la posibilidad de (...) influencias externas a través de la educación, la costumbre, la economía, la legislación y la política. -/- An Aristotelian approach of the concept of human development proposes eudaimonía or happiness as the ultimate goal of development, that is, the full realization of the eudemonic capacity in the human soul. For this, the development of its rational and irrational parts is required, which in turn requires an ethics and dianoethics of development as means, referring to the characters of the respective parts of the soul. The interaction between both parts always generates a virtuous cycle, with the possibility of external influences through education, custom, economics, legislation and politics. (shrink)

The paper compares three accounts of distributive justice in health (and more specifically healthcare). I discuss two egalitarian accounts—Daniels's fair equality of opportunity for health and Segall's luck-egalitarian equity in health—and contrast them with a sufficientarian account based on sufficiency of capabilities. The discussion highlights some important theoretical differences and similarities among the three accounts. The focus, however, is on the practical implications of each account regarding four hypothetical cases (synthesized growth hormone for short children, non-therapeutic abortion, forms of compensation (...) for paraplegics, and reconstructive breast surgery versus plastic surgery). My aim is to show that by replacing egalitarian concerns with sufficiency, and by focusing on capabilities (versus opportunities), it is possible to provide a more plausible account of justice in healthcare. (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)

My main aim in this paper is to arrive at a defensible form of Marxian or socialist political universalism through a critical examination of Marx's own political universalism. In the next section, I will outline several moral errors that Walzer ascribes to political universalism, including Marx's, and show that Walzer largely misdirects his criticisms because what primarily accounts for Marx committing the errors is his Hegelian metaphysical conception of history, not his political universalism as such.

ZusammenfassungDie Frage nach der Gerechtigkeit im Gesundheitswesen wird aus der Perspektive einer allgemeinen Theorie der Gerechtigkeit betrachtet. Diese Theorie ist ein Befähigungsansatz, der zwischen 1) der Grundversorgung aller Bürger mit Grundbefähigungen, 2) einem gerechten Anteil an den Früchten gesellschaftlicher Kooperation und 3) individuell erstrebten Gütern und Leistungen differenziert. Die Anwendung dieser Theorie reagiert auf charakteristische Probleme der Allokation im Gesundheitssektor: den prinzipiell ungedeckten Bedarf, die mangelnde Zurechenbarkeit des Bedarfes und die asymmetrische Informationsstruktur zwischen Patienten und Leistungserbringern.

Much of the most influential free speech scholarship emphasises that ‘political speech’ warrants the very highest standards of protection because of its centrality to self-governance. This central idea mitigates against efforts to justify the regulation of political speech and renders some egregiously offensive or harmful speech worthy of protection from a theoretical perspective. Yet paradoxically, in practice, in many liberal democracies such speech is routinely restricted. In this paper, I develop an argument that is compatible with both the argument from (...) democracy and the notion of political speech, and that can justify the regulation of hate speech, by joining an understanding of the constitutive role of speech in individuals’ lives derived from Nussbaum's capabilities theory with ideas of democratic deliberation and legitimation drawn from a Habermasian framework. This approach attends to the conditions required at an individual level for democratic legitimation to occur at a social level. It permits the development of a robust theoretical justification for the protection of a broad range of speech. It simultaneously provides a guiding framework for regulatory policy designed to ameliorate the effects of, and inhibit the expression of, that speech, which could imperil the conditions required for individuals to develop their own capabilities and which instantiates anti-democratic practice, and thus discourse, preventing the very communications required to perform democracy from being uttered. Thus, my argument also strengthens and transforms the argument from democracy as a justification for free speech protection more generally. (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)

The article discusses two areas at the intersection of social determinants of health research and social justice theory. The first section examines the affinity between social epidemiology and the capabilities approach. The second section examines how social epidemiology's expansion of the scope of the causal chain and determinants raises questions about epistemology and ontology in epidemiology as well as the field's link to the moral concern for human health.

Perfectionist views of well-being maintain that well-being ultimately consists, at least partly, in excellence or virtue. This paper argues that such views are untenable, focusing on Aristotelian perfectionism. The argument appeals, first, to intuitive counterexamples to perfectionism. A second worry is that it seems impossible to interpret perfection in a manner that yields both a plausible view of well-being and a strong link between morality and well-being. Third, perfectionist treatments of pleasure are deeply implausible. Fourth, perfectionism rests on a misunderstanding (...) about the nature of our interest in prudential and perfectionist values. Finally, perfectionism’s appeal seems to depend heavily on a failure to distinguish the notions of well-being and the good life. (shrink)

The capability approach is gaining momentum as a theory of corporate responsibility and business ethics at a time when the UN Guiding Principles have become a most important framework. A novel approach is now emerging that seeks to understand and specify human rights obligations of businesses within the framework provided by the capability approach. This article partially examines the triad corporate responsibility–human rights–capability approach by exploring the relationship between human rights and capabilities. Thus, it offers conceptual and practical implications for (...) a human rights perspective on corporate responsibility. The bulk of our thesis focuses on studying Nussbaum’s and Sen’s claim that human rights are entitlements to capabilities by means of a discussion of the notion of human dignity. In particular, we show the capability approach’s ability to dissipate theoretical and practical challenges posed by the notion of dignity. This article does not offer a detailed explanation of the implications of our investigation for human rights responsibilities of business. However, an outline of its potential contribution toward unfolding those obligations, conceptually and practically, is provided. (shrink)

The starting point of this paper is the need to promote a people-centred corporate social responsibility framework in a context where many human needs and rights remain unsatisfied and where businesses may have both a positive and a negative impact on the quality of life of human beings today and tomorrow and may even lead to irreversible damage. Our normative definition of CSR is consistent with the criteria established by the EU Commission in 2011. We conceive CSR as a responsibility (...) towards human development in two complementary ways: a holistic responsibility shared by companies together with other actors to safeguard humanity and a direct liability of each company for its impact on stakeholders' capabilities. We apply Nussbaum's list of central capabilities and concept of thresholds to specify the nature and extent of corporate responsibilities towards employees, subcontractors, investors, customers, and humanity as a whole. In addition, we leverage fieldwork in developing and developed countries to analyse the effect of business activities on human capabilities. We demonstrate that by quantifying the impact of businesses' activities on various dimensions of stakeholders' lives, and especially on the most vulnerable ones, these businesses can be held accountable for the negative externalities they produce. (shrink)

This paper suggests the adoption of a ‘capability approach’ to key concepts in healthcare. Recent developments in theoretical approaches to concepts such as ‘health’ and ‘disease’ are discussed, and a trend identified of thinking of health as a matter of having the capability to cope with life’s demands. This approach is contrasted with the WHO definition of health and Boorse’s biostatistical account. We outline the ‘capability approach’, which has become standard in development ethics and economics, and show how existing work (...) in those areas can profitably be adapted to healthcare. Cases are used to illustrate the value of adopting a capability approach. (shrink)

In this paper I argue that cosmopolitanism prohibits war and requires a global approach to criminal justice. My argument proceeds by drawing out some implications of the core cosmopolitan intuition that every human being has a moral status which constrains how they may be treated. In the first part of this paper, I describe cosmopolitanism. In the second part, Cosmopolitanism and War, I analyse violence, consider the standards cosmopolitanism sets for its justification, and argue that war fails to meet them. (...) In the third part, Cosmopolitanism and Criminal Justice, I argue that cosmopolitanism implies a moral obligation to deal justly with human wrongdoing wherever it occurs. Cosmopolitan pacifism follows: war is prohibited, and a consistent global criminal justice system is required. In the fourth part, Why No Cosmopolitan Pacifists?, I consider why cosmopolitans tend not to identify as pacifists, and in the final part, Objections, I discuss some objections. (shrink)

The Capability Approach is in the first place an approach to the evaluation of individual well-being and social welfare. Many disciplines refer to the CA, first and foremost welfare economics, development studies and political philosophy. Educational theory was not among the first disciplines that took notice of the CA, but has a rising interest in it. This paper argues that the CA would also profit from looking into educational theory. The first part of the paper shows why and where educational (...) theory—or more precisely: a theory of learning—is missing in the CA. This is done in three steps: the first section gives a brief overview of the core concepts of Sen’s CA. Section “Capability and Choosing” focuses on the role of choosing in the CA. It states the views of Sen and Nussbaum on choosing and shows the shortcomings in their appreciation of choosing. In consequence, the third section derives some demands on a theory of learning in the CA. The second part of the paper presents Dewey’s educational theory on experience as a possible starting point when looking for a learning theory that lends itself to the integration in the CA. Section “Opportunity of Choosing, Experience and Education” introduces Dewey’s conception of experience, freedom of the learner, conditions of experience and education. Section “Capability and Experience” discusses how Dewey’s concepts fit into the CA. On the first glance, there are three points in which the CA and Dewey’s concepts match: the importance of freedom for human life, the role of participation in education and the need to take internal and external factors as well as their interaction into account in assessing choice situations. This establishes a basis for linking both theories. Yet, more research is needed to explore the issue further. Section “Conclusion and Outlook” concludes and sketches the lines for future research. (shrink)

I argue for a conception of health as a person's ability to achieve or exercise a cluster of basic human activities. These basic activities are in turn specified through free-standing ethical reasoning about what constitutes a minimal conception of a human life with equal human dignity in the modern world. I arrive at this conception of health by closely following and modifying Lennart Nordenfelt's theory of health which presents health as the ability to achieve vital goals. Despite its strengths I (...) transform Nordenfelt's argument in order to overcome three significant drawbacks. Nordenfelt makes vital goals relative to each community or context and significantly reflective of personal preferences. By doing so, Nordenfelt's conception of health faces problems with both socially relative concepts of health and subjectively defined wellbeing. Moreover, Nordenfelt does not ever explicitly specify a set of vital goals. The theory of health advanced here replaces Nordenfelt's (seemingly) empty set of preferences and society-relative vital goals with a human species-wide conception of basic vital goals, or ‘central human capabilities and functionings’. These central human capabilities come out of the capabilities approach (CA) now familiar in political philosophy and economics, and particularly reflect the work of Martha Nussbaum. As a result, the health of an individual should be understood as the ability to achieve a basic cluster of beings and doings—or having the overarching capability, a meta-capability, to achieve a set of central or vital inter-related capabilities and functionings. (shrink)

The American Journal of Bioethics, Volume 11, Issue 7, Page 24-25, July 2011.

The capability approach developed by Amartya Sen focuses on the enhancement of people’s capabilities, i.e. their real freedom to choose a life course they have reason to value. Applying the CA to the organizational context, the focus of human resource management is transformed, shifting away from the needs of the organization to the freedoms of the individual. This shift happens also inside the so-called ‘liberated companies,’ firms with an organizational form that allows employees the complete freedom, along with the responsibility, (...) to take any actions they decide are best. In this paper we show the contribution of the capability approach for management and for organizational ethics by focusing on this innovative model of ‘liberated companies.’. (shrink)

This article draws on Martha Nussbaum's distinction between basic, internal, and external capacities to better specify possible locations for children's ‘incapacity’ for autonomy. I then examine Maria Montessori's work on what she calls ‘normalization’, which involves a release of children's capacities for autonomy and self-governance made possible by being provided with the right kind of environment. Using Montessori, I argue that, in contrast to many ordinary and philosophical assumptions, children's incapacities for autonomy are best understood as consequences of an absence (...) of external conditions necessary for children to exercise capacities they already have internally, rather than intrinsic limitations based on their stage of life. In a closing section, I show how Montessori proposes a model wherein both children and adults have autonomy, power, and responsibility, but over different spheres, and suggest implications of these differences for who has responsibility for establishing the conditions under which children can flourish. (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)

Este artículo investiga la posible justificación de derechos culturales dentro del marco teórico del enfoque en las capacidades. El enfoque no se opone en principio a esta justificación, pero establece restricciones significantes, y correspondientemente, no es compatible con las demandas multicultur..