I argue that capabilities approaches are useful in formulating a political theory that takes seriously the needs of persons with severe cognitive disabilities (PSCD). I establish three adequacy criteria for theories of justice that take seriously the needs of PSCD: A) understanding PSCD as oppressed, B) positing a single standard of what is owed to PSCD abled individuals, and C) concern with flourishing as well as political liberty. I claim that conceiving valued capabilities as the end of social distribution may (...) help a political theory to meet these criteria.I posit three further adequacy criteria: D) refusing to see PSCD as less than human, E) valuing moral powers other than practical reason, and F) securing space for care and dependency relationships. I show that how well Elizabeth Anderson and Martha Nussbaum’s capabilities approaches meet these criteria depends on their divergent conceptions of what capabilities are for. I sketch another capabilities approach that might better meet the three latter criteria (inspired by Lawrence Becker and Eva Kittay’s work), that conceives capabilities as for agency and relationship. (shrink)

Disability has been a topic of heightened philosophical interest in the last 30 years. Disability theory has enriched a broad range of sub-specializations in philosophy. The call for papers for this issue welcomed papers addressing questions on normalcy, medical ethics, public health, philosophy of education, aesthetics, philosophy of sport, philosophy of religion, and theories of knowledge. This issue of Essays in Philosophy includes nine essays that approach the philosophy of disability in three distinct ways: The first set of three essays (...) provide a careful analysis of John Rawls, and the application of his work in ethics and justice to societies in which persons with disabilities, especially cognitive disabilities, can take active part in the processes of civil society. The second set of three essays branch out into continental philosophy, and are especially engaged with issues of community membership, communication, translation, and hermeneutics. The third set of three essays address disability specifically through the arts and aesthetics; asking questions on the portrayal of disabled persons in the arts and its implications for normalcy, sexuality, beauty, and the sublime. (shrink)

Because contractarians see justice as mutual advantage, they hold that justice can be rationally grounded only when each can expect to gain from it. John Rawls seems to avoid this feature of contractarianism by fashioning the parties to the contract as Kantian agents whose personhood grounds their claims to justice. But Rawls also endorses the Humean idea that justice applies only if people are equal in ability. It would seem to follow from this idea that dependent persons (such as the (...) disabled) lack claims of justice. It appears, then, that the Kantian and Humean themes in Rawls conflict. I present a reading of Rawls that resolves this tension between the Kantian and Humean themes. The first theme, I argue, allows Rawls to maintain that persons as such are owed justice regardless of their ability to engage in social cooperation. The second theme, I argue, allows him to retain Hume's connection between justice and reciprocity, but confines the reciprocity condition to relations among nondependents. I conclude that Rawls's approach permits him to rebut recent criticisms leveled by disability theorists and others who claim that his theory excludes dependents. (shrink)

In our philosophical tradition and our wider culture, we tend to think of persons as agents. This agential conception is flattering, but in this paper I will argue that it conceals a more complex truth about what persons are. In 1. I set the issues in context. In 2. I critically explore four features commonly presented as fundamental to personhood in versions of the agential conception: action, capability, choice and independence. In 3. I argue that each of these agential features (...) presupposes a non-agential feature: agency presupposes patiency, capability presupposes incapability, choice presupposes necessity and independence presupposes dependency. In 4. I argue that such non-agential features, as well as being implicit within the agential conception, are as apt to be constitutive of personhood as agential features, and in 5. I conclude. (shrink)

Analytic feminists are philosophers who believe that both philosophy and feminism are well served by using some of the concepts, theories and methods of analytic philosophy modified by feminist values and insights. By using ‘ analytic feminist’ to characterize their style of feminist philosophizing, these philosophers acknowledge their dual feminist and analytic roots and their intention to participate in the ongoing conversations within both traditions. In addition, the use of ‘ analytic feminist’ attempts to rebut two frequently made presumptions: that (...) feminist philosophy. (shrink)

This paper introduces the concept of ‘skeuomorphic reassurance’ as a guiding principle for human interfaces in technological development and design, particularly for older people and people with dementia (PwD). Skeuomorphs exhibit decorative design elements reminiscent of ‘parent’ objects that incorporated such design elements because they were structurally integral. Human interfaces adopted by new technologies need to be carefully balanced between novelty and recognisability. -/- The philosophy of personhood is discussed in the context of dementia, concluding that the subjective character of (...) conscious mental processes is an irreducible feature of reality, and that the persistence of personhood in PwD constitutes a further argument in support of this assertion. -/- Assistive technologies that aid family and carers, as well as PwD, and their relationships, need to ensure that skeuomorphic reassurance is incorporated in their design, not least because older people and PwD need recognisable interfaces today, but, as this paper argues, because the problems today’s over-65s have with digital technologies may quite likely not go away, but re-present themselves generation after generation, unless skeuomorphic reassurance is built into their design. (shrink)

Despite women’s increased labor force participation, household divisions of labor remain highly unequal. Properly implemented, gender egalitarian political interventions such as work time regulation, dependent care provisions, and family leave initiatives can induce families to share work more equally than they currently do. But do these interventions constitute legitimate uses of political power? In this article, I defend the political legitimacy of these interventions. Using the conception of citizenship at the heart of political liberalism, I argue that citizens would accept (...) political interventions aimed at protecting the ‘genuinely available option’ to enact gender egalitarian lifestyles. More strongly still, I argue that under certain circumstances, citizens would insist on the enactment of political interventions to protect this option. According to political liberalism’s constraints on legitimacy, this insistence renders these interventions not only legitimate but positively mandatory. It is legitimate for a state to exercise power to preserve the genuinely available option to enact a gender egalitarian lifestyle, and under certain circumstances, it is illegitimate for a state to fail to do so. (shrink)

In this article I explore the usefulness of Spinoza’s ethics for feminism by considering ways in which it allows feminists to rethink privacy. I draw upon some of Spinoza’s central ideas to address the following question: when should information be classed as private and when should it be communicated? This is a question that is considered by the common law courts. Attempts to find a moral underpinning for such a tortious action against invasions of privacy have tended to draw upon (...) Kant’s categorical imperative. In contrast, I want to consider how Spinoza provides an immanent ethics that reconfigures how privacy is understood. (shrink)

While Susan Moller Okin found much to celebrate in Rawls's earlier articulation of his theory of justice, she worried that his later turn to political liberalism evacuated his theory of its feminist potential. Here, I argue that we need not be so pessimistic: some of the strongest arguments for pursuing certain feminist projects can and should be made from within a politically liberal framework. In advancing this claim, I develop Rawls's idea of primary goods—namely those goods that all citizens need (...) qua citizens—as a key conceptual resource for arguing for the elimination of the gendered division of labor using public reason. Drawing on recent empirical literature, I point out that the gendered division of labor continues to distribute to women an unfair allocation of primary goods. I then advocate for a specific public policy, which I call Gender Egalitarian Daddy Quota—a parental leave policy that sets aside time specifically for fathers to encourage men and women to engage in childcare related leave-taking to similar extents—on the grounds that this policy would help secure a fairer distribution of primary goods, and thus is required as a matter of justice. (shrink)

Many ethics instructors turn to peculiar examples and cases to highlight ethical concerns about autonomy and collective goods. While these efforts are respectable, they lamentably reinforce the valorization of independence and the opposition of individuality to collectivity that are too prevalent in ethics today. Attending to the event of pregnancy would help overcome these troubles. By concentrating on pregnancy, we can better appreciate the dependence that is integral to the human experience, the discrete value of each individual, the possible noncompetition (...) between individual and society, and the importance of appreciating the sources of our existence. Religious ethicists would do well to think more about pregnancy, a condition which is sui generis and yet also illustrative of the fundamental interdependence of human beings. (shrink)

Philosopher Nancy Fraser thinks much of the disadvantage women face in employment has to do with gender norms that structure the labor market. Also important is that many employers reward workers who relegate their care responsibilities to family members or the market. Fraser's proposal, the Universal Caregiver model, would build institutions on the assumption that everyone has important caregiving responsibilities. Fraser provides merely a sketch of this model, and its viability depends on consideration of the concrete policy proposals that would (...) need to be in place. My project is to fill in Fraser's sketch and consider policies from other theorists working on the issue. I argue that the Universal Caregiver model is justified because caregiving is a basic need of persons as citizens and because current arrangements are unjust along gender lines. (shrink)

Care is a feature of all of our lives, all of the time. An analysis of Scotland's Curriculum for Excellence reveals that care and caring permeate complex dimensions of life in and after school and we ask here, if, on some accounts, care can do the work required of it. Acknowledging the significance of her contribution to care, we focus on the work of Nel Noddings suggesting that she pays insufficient attention to other emotions implicated in the work of morally (...) appropriate care. We argue here that Noddings' version of care would benefit from the support of an ethical theory of the emotions, including a moralized form of compassion, if care in schools is to be both better understood and more likely realised. (shrink)

Despite women’s increased labor force participation, household divisions of labor remain highly unequal. Properly implemented, gender egalitarian political interventions such as work time regulation, dependent care provisions, and family leave initiatives can induce families to share work more equally than they currently do. But do these interventions constitute legitimate uses of political power? In this article, I defend the political legitimacy of these interventions. Using the conception of citizenship at the heart of political liberalism, I argue that citizens would accept (...) political interventions aimed at protecting the ‘genuinely available option’ to enact gender egalitarian lifestyles. More strongly still, I argue that under certain circumstances, citizens would insist on the enactment of political interventions to protect this option. According to political liberalism’s constraints on legitimacy, this insistence renders these interventions not only legitimate but positively mandatory. It is legitimate for a state to exercise power to preserve the genuinely available option to enact a gender egalitarian lifestyle, and under certain circumstances, it is illegitimate for a state to fail to do so. (shrink)

Care is a feature of all of our lives, all of the time. An analysis of Scotland's Curriculum for Excellence reveals that care and caring permeate complex dimensions of life in and after school and we ask here, if, on some accounts, care can do the work required of it. Acknowledging the significance of her contribution to care, we focus on the work of Nel Noddings suggesting that she pays insufficient attention to other emotions implicated in the work of morally (...) appropriate care. We argue here that Noddings' version of care would benefit from the support of an ethical theory of the emotions, including a moralized form of compassion, if care in schools is to be both better understood and more likely realised. (shrink)

Protestant Christian ethicist Timothy Jackson and secular feminist philosopher Eva Feder Kittay each explore the relationship between love or care and justice through the lens of human dependency. Jackson sharply prioritizes agape over justice, whereas Kittay articulates a more complex and integrated understanding of the relationship of care and distributive justice. An account of Christian love and its relation to justice must account for the gratuity, mutuality, and reciprocity that pervade human existence. Such an account must integrate provision for another's (...) basic needs, a feature of agape, with a distributive justice that fairly allocates the material prerequisites of care and the burden of caring labor. Kittay's treatment of care and justice is more adequate to the realities of human embodiment and the social organization of care than Jackson's, but neither offers a fully adequate ground for the moral personhood of all human beings, including deeply dependent persons. (shrink)

This article examines the attempts by John Rawls in the works published after Political Liberalism to engage with some of the feminist responses to his work. Rawls goes a long way toward addressing some of the major feministliberal concerns. Yet this has the unintended consequence of pushing justice as fairness in the direction of a more comprehensive, rather than a strictly political, form of liberalism. This does not seem to be a problem peculiar to Rawls: rather, any form of liberalism (...) hospitable to feminist concerns must be, at the very least, a partly comprehensive, rather than a strictly political, doctrine. (shrink)

The philosophy of “ human dignity” remains a young, piecemeal endeavor with only a small, dedicated literature. And what dedicated literature exists makes for a rather slapdash mix of substantive and formal metatheory. Worse, ironically we seem compelled to treat this existing theory both charitably and casually. For how can we definitively assess any of it? Existing suggestions about the general features of dignity are necessarily contentious in virtue of being more or less blissfully uncritical of themselves. Because none of (...) the suggested features are conscientiously situated in their own right, their justification is taken to rest solely on whether each is borne out by some substantive account. But absent the sort of second-order considerations that would make for a proper metatheory, what can we do with their substantive suggestions? Of course, the concept of dignity has other forums. It figures prominently into insular analyses of either Kantian or Biblical ethics, and, to various degrees, an array of subsidiary fields of practical philosophy including human rights, bioethics, law, theories of respect, race theory, Judaic studies, feminism, care ethics, war, technology, and political philosophy. Each of these areas has an established literature. Each contributes interesting observations to the nature of dignity. But, again, ultimately, without a proper metatheory, it is unclear what to do with any of them. My goal is to remedy this, or at least reverse the trend. In doing so I will have in view one particular subfield, namely, the ever-pressing subject of human rights. (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)

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)

On one understanding of ideal theory, the optimally just social world is specified at the outset to serve as the target for nonideal theory to strive to realize subject to the constraints of implementation imposed by a world of nonideal actors. In the spirit of recent work by Gerald Gaus and Keith Hankins, I argue that certain models of the path to the target prove inadequate because they are too simplistic. Figuring out both what the target is and how to (...) get there is a much more difficult task than defenders of the target view suggest. Contra Gaus and Hankins, I believe the problem disagreement poses to ideal targets is uniquely epistemic. (shrink)