Over the last 30 years the Indian philosopher-economist Amartya Sen has developed an original normative approach to the evaluation of individual and social well-being. The foundational concern of this ‘capability approach’ is the real freedom of individuals to achieve the kind of lives they have reason to value. This freedom is analysed in terms of an individual’s ‘capability’ to achieve combinations of such intrinsically valuable ‘beings and doings’ (‘functionings’) as being sufficiently nourished and freely expressing one’s political views. In this (...) account, ‘development’ is conceived as the expansion of individuals’ capability, and thus as a concept that goes beyond the economic growth of third world countries. My thesis is a philosophical examination of Sen’s capability approach. In the first part (chapters 1-3) I present and defend my interpretation of Sen’s work. (shrink)

Inclusive design prescribes addressing the needs of the widest possible audience in order to consider human differences. Taking differences seriously, however, may imply severely restricting “the widest possible audience”. In confronting this paradox, we investigate to what extent Rawls’ theory of justice as fairness applies to design. By converting the paradox into the question of how design can be fair, we show that the demand for equitability shifts from the design output to the design process. We conclude that the two (...) main questions about justice find application in design: the question about the standards of justice and the question about its metrics. We endorse a Rawlsian approach to the former, while some revision may be due regarding the latter. (shrink)

This paper examines how people think about aiding others in a way that can inform both theory and practice. It uses data gathered from Kiva, an online, non-profit organization that allows individuals to aid other individuals around the world, to isolate intuitions that people find broadly compelling. The central result of the paper is that people seem to give more priority to aiding those in greater need, at least below some threshold. That is, the data strongly suggest incorporating both a (...) threshold and a prioritarian principle into the analysis of what principles for aid distribution people accept. This conclusion should be of broad interest to aid practitioners and policy makers. It may also provide important information for political philosophers interested in building, justifying, and criticizing theories about meeting needs using empirical evidence. (shrink)

World Crisis and Underdevelopment examines the impact of poverty and other global crises in generating forms of structural coercion that cause agential and societal underdevelopment. It draws from discourse ethics and recognition theory in criticizing injustices and pathologies associated with underdevelopment. Its scope is comprehensive, encompassing discussions about development science, philosophical anthropology, global migration, global capitalism and economic markets, human rights, international legal institutions, democratic politics and legitimation, world religions and secularization, and moral philosophy in its many varieties.

"In this article, I argue that under current resource constraints, institutional arrangements seeking to ensure commonly accepted egalitarian goals would engender the decrease of health status of many who do not currently enjoy particularly high levels of health.".

The capability approach is one of the main contenders in the field of theorizing social justice. Each citizen is entitled to a set of basic capabilities. But which are these? Martha Nussbaum formulated a set of ten central capabilities. Amartya Sen argued they should be selected in a process of public reasoning. Critics object that the Nussbaum-approach is too perfectionist and the Sen-approach is too proceduralist. This paper presents a third alternative: a substantive but non-perfectionist capability theory of justice. It (...) presents a two-level concept of individual agency as connected to social practices. It then argues basic capabilities are those necessary to for the agency necessary to navigate freely and autonomously between different social practices. (shrink)

Child poverty is one of the biggest challenges of today, harming millions of children. In this book, it is investigated from a philosophical social justice perspective, primarily in the context of modern welfare states. Based on both normative theory (particularly the capability approach) and empirical evidence, the authors identify the injustices of child poverty, showing how it negatively affects the well-being of children as well as their whole life course. But child poverty is not 'given by nature'. It is avoidable (...) and there is certainly the moral duty to alleviate it. Therefore, Graf and Schweiger develop a normative theory of responsibilities, which clarifies the moral role of different agents in the poor child's environment: the family, the state and many others, that have so far been neglected in philosophical theories. They conclude their book by sketching how their theory can be extended to global child poverty and what it means to show equal respect and concern for every child - no matter where and in which context they were born. (shrink)

This paper tries to reconcile reciprocity with a fundamentally 'subject-centred' ethic by interpreting the reciprocity condition as a consequence of the fact that justice is in part a relational value. Duties of egalitarian distributive justice are not grounded on the duty to reciprocate benefits already received, but limited by a reasonable assurance of compliance on the part of those able to reciprocate, because their point is to constitute a valuable relationship, one of mutual recognition as equals. We have unconditional duty (...) to help establish just global institutions, institutions which would allow us to share fairly in the burdens and benefits of global economic cooperation, but no unilateral duty to share fairly, where such institutions are not in place. Since non-contribution on the part of those unable to contribute involves no failure of recognition, the disabled do not fall outside the scope of distributive justice. (shrink)

One of the most attractive, but nevertheless highly controversial proposals to alleviate the negative effects of today’s international patent regime is the Health Impact Fund (HIF). Although the HIF has been drafted to facilitate access to medicines and boost pharmaceutical research, we have analysed the burdens for the global poor a similar proposal designed to promote the use and development of climate-friendly technologies would have. Drawing parallels from the access to medicines debate, we suspect that an analogous “Climate Impact Fund” (...) will increase the already very high scientific and technological supremacy of the developed world over the Global South. We advocate countering this dominance on the ground that countries with scarce research and development capacities will be in a difficult position to reject technologies and will not have a say on how such technologies should look like. Further, addressing global hazards should be an inclusive endeavour and not only a privilege reserved for the developed world. Incentivizing grassroots innovation would be a major step to promote scientific and technological inclusion. (shrink)

Historically, philosophers have had little to say about justice and disability. However, in recent years and in response to disability rights movements, philosophers have started to consider the claims to justice of persons with mental and physical impairments. Importantly, some have charged that without extensive revision, social contract accounts of justice – which enjoy immense popularity among political philosophers – cannot address the needs and interests of persons with disabilities. In this article, I explain why social contract accounts are thought (...) to flounder when it comes to justice for persons with disabilities. Then I assess the merits of recent attempts to construct theories of justice inclusive of persons with disabilities. In particular, I consider Nussbaum’s capabilities approach, Kittay’s justice as caring, and various restatements of the social contract. (shrink)

Amartya Sen and Martha Nussbaum have argued that justice is concerned, at least in part, with the distribution of capabilities (opportunities to function). Richard Arneson, G.A. Cohen, and John Roemer have argued that justice is concerned with something like the distribution of opportunities for well-being. I argue that, although some versions of the capability view are incompatible with some versions of the opportunity for well-being view, the most plausible version of the capability view is identical to a slight generalization of (...) the opportunity for well-being view. (shrink)

In her recent pamphlet Special Educational Needs: a new look (2005) Mary Warnock has called for a radical review of special needs education and a substantial reconsideration of the assumptions upon which the current educational framework is based. The latter, she maintains, is hindered by a contradiction between the intention to treat all learners as the same and that of responding adequately to the needs arising from their individual differences. The tension highlighted by Warnock, which is central to the debate (...) in special and inclusive education, is also referred to as the ‘dilemma of difference’. This consists in the seemingly unavoidable choice between, on the one hand, identifying children's differences in order to provide for them differentially, with the risk of labelling and dividing, and, on the other, accentuating the ‘sameness’ and offering common provision, with the risk of not making available what is relevant to, and needed by, individual children. In this paper, I argue that the capability approach developed by Amartya Sen provides an innovative and important perspective for re-examining the dilemma of difference in significant ways. In particular, I maintain that reconceptualising disability and special needs through the capability approach makes possible the overcoming of the tension at the core of the dilemma of difference, whilst at the same time inscribing the debate within an ethical, normative framework based upon justice and equality. (shrink)

In a recent response to our paper on developing a philosophical framework to guide the design and delivery of a just health service, Sarela raises several objections. We feel that although Sarela makes points which are worthy of discussion, his critique does not undermine either the need for, or the worth of, our proposed model. First, the law does not negate the need for ethics in determining just healthcare policy. Reliance on legal processes can drive inappropriate focus on ensuring policies (...) avoid judicial review, as opposed to ensuring they are truly just; the law affords protection against unjust policies but does not put a commitment to avoiding them at the heart of policy-making. We defend the need for Scanlonian supplementation by emphasising the practical value of adding a step based on reasonable rejection, particularly in ensuring that the views of vulnerable stakeholders are robustly considered. We discuss the similarities and differences between the work of Daniels and Sen in considering the relationship between health and opportunity, concluding that Sen’s capability approach is both valuable and compatible with our proposed model. Finally, the practical use of our model requires consideration of what constitutes a reasonable person. Our model is explicitly intended to help develop a healthcare system which is just to all its users. With this in mind, we suggest that those involved in decision-making should meet Scanlon’s definition of reasonable: they should be motivated to justify their actions to, and seek agreement with, others. (shrink)

In this paper, we apply the capabilities approach—with the addition of capability ceilings—to energy justice. We argue that, to ensure energy justice, energy policies and scenarios should consider enabling not only minimal capability thresholds but also maximum capability ceilings. It is permissible, perhaps even morally required, to limit the capabilities of those above the threshold if it is necessary for enabling those below the threshold to reach the level required by justice. We make a distinction between tragic and non-tragic conflicts (...) of capabilities: tragic conflicts are instances when one cannot raise an agent’s capabilities above the threshold that justice requires without pushing someone else below the threshold or restricting someone from reaching the threshold. In contrast, a non-tragic choice is when increasing someone above the threshold required by justice does not entail pushing someone else’s capabilities below the threshold. We utilise this framework to discuss energy justice and emissions of greenhouse gases. Drawing on the relation between points on the human development index and levels of energy consumption, we conclude that non-tragic mitigation policies now are highly preferable to tragic policies later. (shrink)

In this article I defend the capability approach by focusing on its built-in gender-sensitivity and on its concern with comprehensive outcomes and informationally-rich evaluation of well-being, two elements of Sen's work that are too rarely put together. I then try to show what the capability approach would have to gain by focusing on trans-positional objectivity (as Elizabeth Anderson does) and by leaving behind the narrow confines of states in favor of a more cosmopolitan stance. These preliminary discussions are followed by (...) two more precise applications. At first, I show how a gender-sensitive capability approach that respects the criteria of trans-positional objectivity and cosmopolitanism can enhance the agency of women inhabiting third-world societies. I turn next to show how mainstream feminism can insulate itself against criticisms such as bell hooks' by switching to trans-positional objectivity in public reasoning. (shrink)

By considering what we identify as a problem inherent in the ‘nature of the firm’—the risk of abuse of authority—we propound the conception of a social contract theory of the firm which is truly Rawlsian in its inspiration. Hence, we link the social contract theory of the firm with the general theory of justice. Through this path, we enter the debate about whether firms can be part of Rawlsian theory of justice showing that corporate governance principles enter the “basic structure.” (...) Finally, we concur with Sen’s aim to broaden the realm of social justice beyond what he calls the ‘transcendental institutional perfectionism’ of Rawls’ theory. We maintain the contractarian approach to justice but introduce Sen’s capability concept as an element of the constitutional and post-constitutional contract model of institutions with special reference to corporate governance. Accordingly, rights over primary goods and capabilities are granted by the basic institutions of society, but many capabilities have to be turned into the functionings of many stakeholders through the operation of firms understood as post-constitutional institutional domains. The constitutional contract on the distribution of primary goods and capabilities should then shape the principles of corporate governance so that at post-constitutional level anyone may achieve her/his functionings in the corporate domain by exercising such capabilities. In the absence of such a condition, post-constitutional contracts would distort the process that descends from constitutional rights and capabilities toward social outcomes. (shrink)

Political egalitarianism is at the core of most normative conceptions of democratic legitimacy. It finds its minimal expression in the “one person one vote” formula. In the literature on deliberative democracy, political equality is typically interpreted in a more demanding sense, but different interpretations of what political equality requires can be identified. In this paper I shall argue that the attempt to specify political equality in deliberative democracy is affected by a dilemma. I shall illustrate the political egalitarian’s dilemma by (...) a hypothetical choice between two informational bases for political equality: Rawlsian primary goods and Amartya Sen’s capability approach. The political egalitarian’s dilemma reveals a clash between the requirement of ensuring equal possibilities to participate in the democratic process and the requirement of subjecting substantive judgments to deliberative evaluation. As such, the dilemma is a variant of the procedure vs. substance dilemma that is well-known in democratic theory. While it has sometimes been argued that deliberative democracy solves the tension between procedure and substance, the political egalitarian’s dilemma shows that this tension continues within deliberative democracy. (shrink)

Realism has been a central object of attention among analytical philosophers for some decades. Starting from analytical philosophy, the return of realism has spread into other contemporary philosophical traditions and given birth to new trends in current discussions, as for example in the debates about “new realism.” Discussions about realism focused on linguistic meaning, epistemology, metaphysics, theory of action and ethics. The implications for politics of discussion about realism in action theory and in ethics, however, are not much discussed.

This article proposes a novel defense of vaccine mandates: such policies are justifiable because they protect the capabilities of individuals who cannot cultivate individual immunity against infection. We begin by considering a nearby argument that has recently enjoyed popularity, which claims individuals have an enforceable obligation to get vaccinated because they have benefited from community protection (often referred to as ‘herd immunity’), and thus they ought to do their fair share in sustaining that public good by getting vaccinated. We object, (...) however, that this kind of argument misstates the ethical basis for vaccine mandates because community protection primarily protects unvaccinated people. We contend that the duty to vaccinate is not fundamentally an obligation to make a fair contribution to a public good from which vaccinated people benefit, but a duty to protect the wellbeing of otherwise vulnerable third parties. We flesh out our view by drawing on Martha Nussbaum's capabilities approach. (shrink)

Are global poverty and inequality on the rise or are they declining? And is the quality of life of the world's poorest people getting worse or better? These questions are often given conflicting answers by economists, the World Bank, and social activists. One reason for this is that assessments of quality of life can be made in terms of people's income, their resources, or their functionings and capabilities. This essay discusses the pros and cons of these evaluative approaches, and it (...) argues that all approaches have complementary strengths and should therefore in principle all be considered. Moreover, being aware that assessments of poverty and inequality can be made using these different frameworks helps us to understand the conflicting claims. (shrink)

Theories of distributive justice are often criticised for either excluding people with disabilities from the domain of justice altogether, or casting them as deficient in personal attributes. I argue that the capabilities approach to justice is largely immune to these flaws. It has the conceptual resources to locate most of the causes of disadvantage in the interaction between a person and her environment and in doing so can characterise the disadvantages of disability in a way that avoids the imputation of (...) natural deficiency. However, I also argue that the capabilities approach cannot accommodate some of the stronger claims advanced by some disability scholars. No plausible capabilities approach can guarantee that social change will always be the just or fair remedy for disadvantage, and there is a small number of severe cases of disability where capability shortfalls will be attributed to the person’s ‘deficient’ physical and mental impairments. (shrink)

This thesis is the first step in a research project which aims to develop an accurate and robust theory of global justice. The thesis concerns the content of our duties of global justice, under strict compliance theory. It begins by discussing the basic framework of my theory of global justice, which consists in two aspects: duties of minimal wellbeing, which are universal, and duties of fairness and equality, which are associative and not universal. With that in place, it briefly discusses (...) the nature of duties of fairness and equality. I shall argue that they are associative, because they are derived from the form of cooperation at hand; and that there are three kinds of them in our contemporary world: states, local cooperation and trans-state cooperation. It is from their forms of cooperation that these duties are derived. After that, the thesis focuses exclusively on duties of minimal wellbeing. Against the usual account of these duties - the human-flourishing account - I argue for my human-life account. This account argues that the function of these duties is to secure a human life for individuals; and it begins with a Razian conception of wellbeing, which states that the wellbeing of an individual is fundamentally constituted by: (a) the satisfaction of his biological needs, and (b) his success in whole-heartedly pursuing socially defined and determined goals and activities which are in fact valuable. An account of what constitutes a human life is then derived from this conception of wellbeing – it is a life that consists in having a level of wellbeing that is higher than the satisfaction of biological needs, where this is constituted by the pursuit of goals and activities with a sense of what is worth doing; and this in turn consists in: (a) being able to forms ideas of what is worth doing, (b) being able to revise them in light of further reasons, and (c) being able to coordinate one's actions according to them. I then determine the specific objects of duties of minimal wellbeing (means for the satisfaction of biological needs, education, physical security, freedom of belief, association and expression, freedom of non-harmful conduct, and minimal resources), by determining what is involved in securing such a human life for individuals. (shrink)

Inequalities, ineffective governance, unclear surrogacy regulations and unethical practices make India an ideal environment for global injustice in the process of commercial surrogacy. This article aims to apply the ‘capabilities approach’ to find possibilities of global justice through human fellowship in the context of commercial surrogacy. I draw primarily on my research findings supplemented by other relevant empirical research and documentary films on surrogacy. The paper reveals inequalities and inadequate basic entitlements among surrogate mothers as a consequence of which they (...) are engaged in unjust contracts. Their limited entitlements also limit their opportunities to engage in enriching goals. It is the role of the state to provide all its citizens with basic entitlements and protect their basic human rights. Individuals in India evading their basic duty also contribute to the existing inequalities. Individual responsibilities of the medical practitioners and the intended parents are in question here as they are more inclined towards self-interest rather than commitment towards human fellowship. At the global level, the injustice in transnational commercial surrogacy practices in developing countries calls for an international declaration of women and child rights in third party reproduction with a normative vision of mutual fellowship and human dignity. (shrink)

En su obra The Idea of Justice, Amartya Sen expone una crítica a lo que denomina «teoría transcendental de la justicia», argumentando que su papel resulta irrelevante para guiar las acciones requeridas para combatir la injusticia en condiciones no-ideales. En este trabajo exploramos una posible relación de compatibilidad entre el enfoque comparativo auspiciado por Sen y un marco mínimo transcendental de justicia global que constriña las elecciones para evitar trayectorias institucionales que desemboquen en escenarios incompatibles con las concepciones de justicia (...) que generaron las evaluaciones originales. (shrink)

Thomas Pogge answers the question if the capability approach can be justified with a firm ‘no’. Amongst others, he ridicules capability theorists for demanding compensation for each and every possible natural difference between people, including hair types. Not only does Pogge, so this paper argues, misconstrue the difference between the capability approach and Rawlsian resourcism. Even worse: he is actually implicitly relying on the idea of capabilities in his defence of the latter. According to him the resourcist holds that the (...) institutional order should not be biased towards the average person or the needs of some. Yet, as his own case of blind people and traffic lights can illustrate, whether or not this is the case is impossible to assess without resorting to some concept like people’s capabilities. Secondly, it is argued that the real issue at stake is not at all the best metric of justice—primary goods or capabilities—but rather the scope of theories of justice. On the surface the difference of opinion seems to be how to deal with so-called “personal heterogeneities”, yet the discussed case of interpersonal differences in metabolism and communal land-use choices hints at something else; Whereas Pogge insists that questions of justice only concern the institutional structure of society, many capability theorists support the inclusion of culture and social practices as possible sources of injustice. Unfortunately Pogge does not properly acknowledge this, as right from the start of his paper he frames the debate between both approaches in terms of institutions only. (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)

I question the notion of food choice and consider how much food choice someone living on low income actually has. In my fieldwork, it became clear that food choices, and hence one’s nutritional and health state, cannot be viewed in separation from the participants’ individual stories and the complexities of their lives. Daily routines, financial situation, and food accessibility have an impact on people’s food choices. In realising this, I found Amartya Sen’s capabilities approach useful, which moves beyond food entitlements. (...) More specifically, a health capabilities approach as introduced by Venkatapuram and the association made between health and capabilities by others : 3, 2003) views health as the combination of the influence of socio-economic structures, as well as personal agency resulting in choices. I present the main learnings from viewing Foodways and Futures through the ‘capabilities lens’ and thus view food choices as the combination of the complex interrelations between socio-economic structures and agency. (shrink)

The main goal of critical social justice is to ensure the agency of citizens, which enables them to take part, not only in public discussions about how resources are distributed, but also about matters such as what should be produced, how to do it and through what kind of production, among others. Critical social justice can be best formulated within the foundation programme of discursive ethics, in particular within Apel's version specified in his principle of co-responsibility. This principle establishes a (...) telos that operates as a normative guide to formulate the constructive question about which the necessary conditions are for someone to be able to become a subject of dialogue. Answering this question leads, on the one hand, to the development of some constitutive elements of critical social justice and, on the other hand, to the identification of the social relations and structures that undermine the possibilities of a person to effectively participate in the discussion of the topics they consider relevant. As its constitutive elements, I propose reciprocal recognition autonomy, the metric of capabilities and a sufficientarian principle of justice, which work together with the well-known difference principle. These elements constitute a normative net that allows contemporary societies to be criticized from the perspective of justice. (shrink)

Selon Rawls, le PD permet de regarder les différences de talents comme un « atout commun ». Le libertarien Nozick y a vu l’aveu par Rawls que sa société se rend propriétaire de nos personnes, faites de nos talents propres. C’est un sophisme : seule la distribution des dons peut être vue comme un bien commun, fournissant une palette de complémentarités possibles qui est un atout commun (voir Smith sur la division du travail, comme le note Arrow). Arrow a peut-être (...) hésité sur ce point, mais il a finalement opté, comme Rawls et Nozick, pour l’idée que nous possédons nos talents, à ceci près que nous ne pouvons les développer que dans un cadre social qui rend légitime (contra Nozick) que l’impôt nous reprenne une partie de nos bénéfices pour aider les plus démunis à sortir de leur misère. Le PD éloigne de la pure méritocratie. Via Pascal, cité par Arrow, on en revient à l’importance de la notion de personne dans toute approche non utilitariste, plaidant pour la coopération entre économie et philosophie, par exemple pour généraliser le PD à plus de deux classes, si c’est possible sans entamer la souhaitable simplicité cognitive des principes de justice, ni détruire le système des incitations. Classification JEL : I13. (shrink)

Sen and Nussbaum's capability approach has in the past twenty years become an increasingly popular and influential approach to issues in global justice. Its main tenet is that when assessing quality of life or asking what kind of policies will be more conducive to human development, we should look not to resources or preference satisfaction, but to what people are able to be and to do. This should then be measured against a more or less narrow conception of what any (...) human being should be able to be and do, i.e. which functions are essentially human. To have a capability is to be able to function in that way. Thomas Pogge has recently argued that despite its many attractions, the capability approach did not present a sufficiently strong challenge to Rawlsian resourcism. In this paper, I address Pogge's criticisms of the capability approach, and I argue that from the point of view of Nussbaum's Aristotelian version of the approach, his objections are not successful. (shrink)