The capability approach was developed as a response to the ‘equality of what?’ question, which asks what the metric of equality should be. The alternative answers are, broadly, welfare, resources or capabilities. G.A. Cohen has raised influential criticisms of this last response. He suggests that the capability approach’s focus on individuals’ freedom – their capability to control their own lives – renders its view of well-being excessively ‘athletic’, ignoring benefits achieved passively, without the active involvement of the benefitted individual. However, (...) positing ‘capabilities’ as the appropriate metric of distributive justice need not commit capability theorists to a comprehensive account of well-being, and so not to the athletic conception Cohen ascribes to them. Their aim can, instead, be to delineate legitimate government action and guide egalitarian public policy. Capabilities, in this context, are not just components of individual well-being; they must also be the appropriate goal of just distributive policies. When understood in this way, as a guide to policy, I will argue that the capability approach’s focus on ‘athletic’ individual freedom and control is justified: in the public domain, it is important not just that individuals receive ‘benefits’, but that they participate in their achievement. (shrink)

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

In this paper I put forward an ethical argument for the provision of extensive patient choice by the British National Health Service. I base this argument on traditional liberal rights to freedom of choice, on a welfare right to health care, and on a view of health as values-based. I argue that choice, to be ethically sustainable on this basis, must be values-based and rational. I also consider whether the British taxpayer may be persuadable with regard to the moral acceptability (...) of patient choice, making use of Rawls’ theory of political liberalism in this context. I identify issues that present problems in terms of public acceptance of choice, and also identify a boundary issue with regard to public health choices as against individual choices. (shrink)

Neoliberal globalization has not yielded the results it promised; global inequality has risen, poverty and hunger are still prevailing in large parts of this world. If this devastating situation shall be improved, economists must talk less about economic growth and more about people’s rights. The use of the language of rights will be key for making the economy work more in favor of the least advantaged in this world. Not only will it provide us with the vocabulary necessary to reframe (...) such pressing global problems and to find adequate economic solutions; it will also deliver the basis for deriving according duties and duty-bearers – the language of rights is congruent with the language of justice and as such it is inevitably and at the same time the language of obligations. The language of obligations exposes the multinational corporation as one of the main agents of justice in the global economy. Taking distributive justice as a starting point for reflection, a consistent derivation of the multinational’s moral obligations must focus on capabilities rather than on causality. This will lead to a shift from merely passive to active duties and accordingly to a stronger emphasis on the corporation’s contribution to the realization of positive rights. (shrink)

Adaptive preferences are both a central justification and continuing problem for the use of the capability approach. They are illustrated here with reference to a project examining the choices of young people who had rejected higher education. Jon Elster, Amartya Sen and Martha Nussbaum have all criticised utilitarianism on the grounds that a focus on preference-satisfaction fails to acknowledge the human tendency to adapt preferences under unfavourable circumstances and that self-assessments of well-being are therefore likely to be distorted by deprivation. (...) Elster’s addresses preference deformation through the sour grapes phenomenon and retroactive rationalisation. Sen and Nussbaum are more concerned with adaptation as self-abnegation. The capability approach developed by Sen and Nussbaum seeks to address the problem of adaptive preferences by taking into account not only what individuals value but what they have reason to value. However, clear distinctions need to be made between adaptations to the means of achieving well-being and adaptations to its ends. If Elster’s formulations are to be used in capability assessments, they need to articulate with the relative weightings given to relevant functionings and freedoms. This enables a more nuanced understanding of adaptive preferences that can account for the subtleties of the constraints they place upon individual freedoms. (shrink)

The concept of well-being is increasingly gaining acceptance as an object of science, and many different types of well-being measures have been developed. A debate has emerged about which measures are able to capture well-being successfully. An important underlying problem is that there is no unified conceptual framework about the nature of well-being—a hotly debated topic of philosophical discussion. I argue that while there is little agreement about the nature of well-being in philosophy, there is an important agreement on some (...) important principles relevant for its measurement. I argue that well-being science has good reasons to accommodate these principles, but currently fails to do so. (shrink)

Orienta el desarrollo del artículo el propósito de contribuir a la crítica y al estudio de las posibilidades de reformulación de la categoría de totalidad social y cambio social o bien de elementos centrales de las mismas, como alternativas teóricas para repensar la urgente e histórica cuestión del desarrollo y con ello hacer frente a los nuevos desafíos culturales y políticos que se presentan en las sociedades latinoamericanas. The general purpose that guides this article is to contribute to the critique (...) and study of the possibilities of reformulation of the category of social totality and social change or some of their central elements, as theoretical alternatives to think again about the urgent and historical matter of development , in order to face the new cultural and political challenges present in Latin American societies. (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)

Galasso (2024) helpfully puts her finger on what is perhaps the most troubling feature of precision medicine research today: Champions of the science are targeting communities of color and other ma...

Artikkelen vurderer hvorvidt ID-kravet, som begrenser asylsøkeres anledning til å søke arbeid, er etisk velbegrunnet innenfor rammene av en liberal rettskultur. Videre anlegges et konsekvensetisk perspektiv fordi ID-kravet er konsekvensetisk begrunnet, og det kan da foretas en immanent kritikk. Det vises at ID-kravet innebærer en begrensning av asylsøkeres negative og positive frihet, og at forsvarere av ID-kravet dermed må bevise at kravet har så gode konsekvenser at det legitimerer en slik begrensning av asylsøkeres frihet. Både generelle overveielser av ID-kravets fordeler (...) og ulemper og konkrete data tilsier at bevisbyrden ikke er oppfylt. Følgelig må det enten frembringes empiri som tilsier at ID-kravet likevel har bedre konsekvenser, eller det bør gis en annen type begrunnelse enn den konsekvensetiske for ID-kravet, eller ID-kravet bør avskaffes.Nøkkelord: asylsøkere, arbeid, liberalt demokrati, konsekvensialismeEnglish summary: Undocumented migrants' right to apply for work. A consequentialist assessmentThe article evaluates whether the Norwegian ID-demand, which limits asylum seekers' opportunity for work, is ethically well founded within the limits of a liberal, legal culture. The argument operates within a consequentialist normative theory because the ID-demand is justified in terms of its consequences, and an immanent critique of the demand can therefore be carried out. It is argued that the ID-demand imposes restrictions on the negative and positive liberty of asylum seekers, and defenders of the ID-demand will then have a burden of proof to show that the demand has such good consequences that it will legitimise these restrictions. Both general considerations and specific data clearly indicate that this burden of proof is not satisfied. Hence, one must either provide new data that indicate that the ID-demand after all has better consequences, defend the ID-demand in terms of something other than its consequences or reject the ID-demand. (shrink)

Management scholars and social scientists investigate dynamics of subjective fairness perceptions in the workplace under the umbrella term “organizational justice.” Philosophers and ethicists, on the other hand, think of justice as a normative requirement in societal relationships with conflicting interests. Both ways of looking at justice have neither remained fully separated nor been clearly integrated. It seems that much could be gained and learned by more closely integrating the ethical and the empirical fields of justice. On the other hand, it (...) may simply not be possible to bridge the divide between the subjective empirical and the normative prescriptive justice as both fields pose different questions and rely on different assumptions and methods. In this paper, we propose a “reconciliation” model, as a third way of considering justice in the workplace, taking into account normative and psychological issues pertaining to justice. Through applying a reconciliation model, we provide a new way of looking at the interconnections between justice philosophy and organizational justice that could advance future research in both fields. Our model also implies that justice researchers can and should be concerned with the moral implications of their own subject of research. (shrink)

The certification-based Fair Trade initiative has been steadily growing during the last two decades. While many scholars have analyzed its main characteristics and developments, only a few have assessed it against a concept of justice. And those exceptional cases have only focused on distributive justice, proving unable to grasp the important ethical elements that Fair Trade integrates in its project. In reaction to this, this article intends to critically examine what the Fair Trade movement proposes to be ‘fair’ by resorting (...) to the thought of the French philosopher Emmanuel Lévinas. To accomplish this goal, a new understanding of his conception of justice is presented, one that seeks to overcome the limitations that the two most common interpretations in the literature suffer. The idea of Lévinas’ ‘dialectics of justice’ is used to discuss Fair Trade’s relation of alterity, its appropriation of the notion of ‘face’ and its commitment to and responsibility for marginalized producers and workers. This analysis shows that Fair Trade operates with what could be described as a fetishized understanding of Levinasian ethics that justifies a deeply unjust praxis. (shrink)

A small set of allocation principles is said to be behind several theories of distributive justice. However, disagreement about the appropriate relationship between these notions remains, so that compromises between principles may generate more agreement. Truncated utilitarianism is a prominent candidate. It demands maximising total wealth subject to a floor level of individual wealth for all people. Based on some well-known distributive notions, we developed a questionnaire setting and confronted student respondents with corresponding allocation problems, where an exogenously given poverty (...) line served as a floor. However, support for allocations resulting from this specific interpretation of truncated utilitarianism remained rather low. This is surprising because the respective solution was close to an equal split of resources, and aspects of efficiency and responsibility were explicitly introduced to promote more general acceptance. We argue that people may either wish to see higher floor levels or are more inequality averse than probably expected. Moreover, high support for an unconditional consideration of the poverty line can be witnessed, even though aspects of responsibility, but not efficiency arguments, display an influence. In general, attitudes with respect to the equality–efficiency trade-off are found to remain heterogeneous, although different equality concerns are prominent. Furthermore, trade-offs are moderated by the responsibility principle. (shrink)

The relationship between individual and population health is partially built on the broad dichotomization of medicine into clinical medicine and public health. Potential drawbacks of current views include seeing both individual and population health as absolute and independent concepts. I will argue that the relationship between individual and population health is largely relative and dynamic. Their interrelated dynamism derives from a causally defined life course perspective on health determination starting from an individual’s conception through growth, development and participation in the (...) collective till death, all seen within the context of an adaptive society. Indeed, it will become clear that neither individual nor population health is identifiable or even definable without informative contextualization within the other. For instance, a person’s health cannot be seen in isolation but must be placed in the rich contextual web such as the socioeconomic circumstances and other health determinants of where they were conceived, born, bred, and how they shaped and were shaped by their environment and communities, especially given the prevailing population health exposures over their lifetime. We cannot discuss the “what” and “how much” of individual and population health until we know the cumulative trajectories of both, using appropriate causal language. (shrink)

It seems intuitive that human development and environmental protection should go hand in hand. But some have worried there is no framework within environmental ethics that suitably conjoins them. I...

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)

Centre for Applied Philosophy and Public Ethics, The Australian National University, LPO Box 8260, ANU, Canberra ACT 2601, Australia. Email: michael.selgelid{at}anu.edu.au ' + u + '@ ' + d + ' '/ /- ->. Home page: http: //www.cappe.edu.au/staff/michael-selgelid.htmThis article advocates the development of a moderate pluralist theory of political philosophy that recognizes that utility, liberty and equality are legitimate, independent social values and that none should have absolute priority over the others. Inter alia, such a theory would provide a principled (...) means for striking a balance, or making trade-offs, between these values in cases of conflict. Recent developments in public health ethics have made progress in thinking about how to make trade-offs between liberty and utility in particular. While public health ethicists often claim that the least restrictive alternative should be used to achieve the public health goal in question, I argue that a plausible but under-recognized idea is that the least restrictive alternative might sometimes involve improvement of global health via redistributive taxation—i.e., rather than coercive social distancing measures. I conclude by demonstrating that the proportionality principle leaves open the question of when exactly utility outweighs liberty or vice versa—and I argue that, rather than speaking about the morality of liberty-infringing public health interventions in categorical/binary terms, it would be more fruitful and realistic to think and speak about the degree to which a liberty-infringing public health intervention is morally appropriate. CiteULike Connotea Del.icio.us What's this? (shrink)

Democratic societies find it difficult to reach consensus concerning principles for healthcare distribution in the face of resource constraints. At the same time the need for legitimacy of allocation decisions has been recognised. Against this background, the National Institute for Health and Clinical Excellence (NICE) aspires to meet the principles of procedural justice, specifically the conditions of accountability for reasonableness as espoused by Daniels and Sabin, that is, publicity, relevance, revisions and appeal, and enforcement. Although NICE has adopted a highly (...) standardised approach and continuously publishes key documents on its website, its technology appraisal programme does not fulfil the publicity condition of accountability for reasonableness. Economic models are not made sufficiently transparent to enable public scrutiny, and decision criteria other than cost-effectiveness remain enigmatic. NICE’s reliance on cost-utility analysis and “plausible” cost-per-quality-adjusted life year (QALY) benchmarks further raises serious issues with regard to the relevance condition of accountability for reasonableness. This is illustrated by counterintuitive cost-per-QALY rankings that are difficult to justify using reflective equilibrium methods, and by the current debate surrounding expensive therapies for rare diseases (“orphan” treatments). In addition, an excessive focus on QALYs may stand in the way of exploiting the best available effectiveness evidence. The NICE mechanism for revision and appeals is also more restrictive than provided in accountability for reasonableness. As to the enforcement condition, no effective quality assurance processes are in place for technology assessments, and implementation of guidance remains imperfect. NICE, despite impressive efforts, appears to have a long way to go before meeting the conditions of accountability for reasonableness. (shrink)

ABSTRACTThis essay brings Martha Nussbaum's politically liberal version of the Capabilities Approach to human development into critical dialogue with the Catholic Social Tradition. Like CST, Nussbaum's focus on embodiment, dependence and dignity entails a social use of property which privileges marginalized people, and both theories explain the underdevelopment of central human capabilities in social rather than exclusively material terms. Whereas CST is metaphysically and theologically ‘thick', however, CA is ‘thin’: its proponents positively eschew metaphysical commitments, believing a commitment to quasi-Rawlsian (...) ‘overlapping consensus' is more consistent with political liberalism. This creates two tensions between CA and CST. The first is that CST understands the internal virtues of essentially social practices to be inseparable from their concrete instantiation in actual communities, while CA sometimes describes these virtues as political entitlements which can be supported independently o... (shrink)

The article concerns itself with normative aspects of public health in light of recent debates. It starts out by introducing a few terminological and conceptual distinctions that set the stage for the subsequent discussion. This is followed by critical remarks on two proposals for developing an adequate public health ethics and the way that the growing health inequalities observed in much of the OECD-world are dealt with in parts of the pertinent literature. The article concludes with a cautionary note on (...) the ‘dangers’ of over-identification with a public health agenda and of over-moralization of empirical findings that give cause for concern. (shrink)

Der Aufsatz widmet sich dem Wohlfahrtseffekt öffentlicher Ausgaben unter besonderer Berücksichtigung der Bereiche Gesundheitswesen und Bildungswesen. Ausgangspunkt ist die Feststellung des bemerkenswert geringen Ertrags hoher Aufwendungen für öffentliche Gesundheit, der insbesondere im Vergleich von Ländern mit teils deutlich variierenden Gesundheitsbudgets auffällt. Da das Gesundheitswesen aufgrund der Opportunitätskostenproblematik mit anderen Bereichen sozialpolitischer Sicherheitsgewähr um knappe öffentliche Mittel konkurriert, ist darauf zu achten, dass deren Allokation bestmöglich optimiert wird. Im deutschen Fall mit seinem ungewöhnlich hohen Anteil öffentlicher Gesundheitsausgaben legt das eine Verschiebung (...) der Prioritäten zugunsten des Bildungswesens nahe, wofür neben potentiellen Verbesserungen des Gesundheitsstatus der Bevölkerung und funktionalen, die gesellschaftliche Integration betreffenden Erwägungen auch solche der sozialen Gerechtigkeit sprechen. Ein Programm zur Reformierung des Gesundheitswesens, das diesen Leitlinien folgt, wird skizziert. (shrink)

In view of the scope and scale of the latest scandals, e.g. Enron's maximum breaking bankruptcy, the re-discovery of ethics in business has received an impressive boost. By now even car salesmen have written ethics, a Code of Conduct, e.g. in the USA or Poland. But there is no clear aim of the role ethics obtains in organizational settings as we may show in some small cases of practical approaches to deal with ethics in organizations. We discuss how ethics is (...) the prerequisite to conduct any business and what advantages may be realized if a clear set of ethics is followed. We will discuss three practical examples. In cases of ethics-based values-added management of Siemens (Germany), Boeing (U.S.) and SAP (Germany) we explain the mechanisms of ethics in management to strengthen organizational success. We emphasize the importance of clear ethics-related communication processes in organizations. We explain the use of communication theories inside organizational processes to clarify communication about such an abstract topic as ethics. Finally, we point out how a management of ethical ideas and cultural values should be designed in business enterprises. (shrink)

Although thinkers of the past might have started from presumptions of fundamental difference and inequality between (say) the genders, or people of different races, this is no longer the case. At least in mainstream political philosophy, we are all now presumed to be, in some fundamental sense, basic equals. Of course, what follows from this putative fact of basic equality remains enormously controversial: liberals, libertarians, conservatives, Marxists, republicans, and so on, continue to disagree vigorously with each other, despite all presupposing (...) some kind of basic equality. They may argue about who gets what, how much, and why, but the starting point - that all people are in some sense deserving of prima facie equal consideration - has become an axiom of our moral and political thinking. But why? Why are we basic equals? The trouble is that as soon as one asks for an explanation of this foundational premise, it begins to look shaky. After all, on any conceivable metric human beings are notably unequal, and often to striking degrees. Philosophers in this area tend to talk of equal worth, but often without trying to specify what exactly that means. Philosophically, basic equality is neither acceptable nor rejectable. It is not rejectable because we appear to be, as a matter of fact, profoundly committed to the truth of the claim that we are all one another's basic equals. But to the extent that there appear to be no philosophical arguments for believing in the truth of basic equality, it is not acceptable either. The aim of this book is to try and show why basic equality is acceptable. To do so, however, it will also contend that we need to approach the question rather differently to how it has mostly been handled so far. What's required is an exercise in what Bernard Williams called 'impure philosophy': it must include insights from other areas of human intellectual endeavour, whether psychology and history or even what we learn from how we go about practicing basic equality in our collective lives. (shrink)

Discussions on diversity and disability in dialogue with special educationalists and philosophers of education are not often found in the research literature. Researchers within disability studies have been critical towards the enterprise of special education and vice versa, and the language they use is often different, as they draw on various subject fields. In this article, I bring these fields of research together and draw on research from the philosophy of education, special education and Disability Studies. My argument is that (...) a language of diversity needs to be embedded in a language about educational ends and other fundamental questions discussed in the philosophy of education, and not solely in discussions within the field of inclusive education, as is often found in the research literature relating to special education. I argue that the language of diversity related to disability should be embedded in the language of the person, being someone. In order to build my argument, I sketch out three distinctions: disability and impairment, education as cultivation versus an existential education and the distinction between being someone and being something. I argue that an understanding of diversity and the case of disability within the framework of education should preferably be: interpreted within a social relational model of disability, drawing on an adjusted capabilities approach, an existential educational paradigm and seeing the person as someone, and not as something that is associated with a series of facts that happen to relate to what we call persons. (shrink)

In The Idea of Justice , Amartya Sen argues for an approach to justice that is comparative and realization-based rather than transcendental and institutional. While Sen’s arguments for such an approach may not be as convincing as he thought, there are additional arguments for it, and one is that it provides a unique and valuable platform on which an account of justice as a virtue of social and political actors (including institutions and social movements) can be built. Hence new dimensions (...) of comparison are opened up: some actors are better disposed and more successful than others at leading social change in the direction of greater justice. The main objective of this article is to use the capability approach to construct such an account. Six dimensions of acting justly are identified: (1) reducing capability shortfalls; (2) expanding capabilities for all; (3) saving the worst-off as a first step towards their full participation in economy and society, (4) which is also to be promoted by a system of entitlements protecting all from social exclusion; while (5) supporting the empowerment of those whose capabilities are to expand; and (6) respecting ethical values and legitimate procedures. I conclude by sketching some underlying moral psychology. (shrink)

We consider the role of preferences in the assessment of an agent's freedom, visualized as the opportunity for choice. After discussing several possible intuitive approaches to the problem, we explore an approach based on the notion of preference orderings that a reasonable person may possibly have. Using different sets of axioms, we characterize the rules for ranking opportunity sets in terms of freedom. We also show that certain axioms for ranking opportunity sets are incompatible.

The paper extends a result in Dutta and Ray's (1989) theory of constrained egalitarianism initiated by relying on the concept of proportionate rather than absolute equality. We apply this framework to redistributive systems in which what the individuals get depends on what they receive or pay qua members of generally overlapping groups. We solve the constrained equalization problem for this class of models. The paper ends up comparing our solution with the alternative solution based on the Shapley value, which has (...) been recommended in some distributive applications. (shrink)

The aims of the paper are (i) to introduce a framework for reasoning about equity in health distribution before and after interventions, and (ii) to assess various Gini measures applied to healthy life expectancy against explicit normative concerns. Part 1 discusses different ways of measuring pure health inequality and suggests that a modified Gini measure could be used to measure inequity in health before and after treatment. Part 2 introduces a framework for reasoning about distributions of health. Part 3 discusses (...) three normative concerns that any acceptable measure of inequity should satisfy. Part 4 describes the standard Gini measure for measuring pure inequalities in healthy life expectancy. It also examines Wagstaff's Extended Gini measure of health inequity and discusses how it can be used to make priority weights to the worst off explicit. The final section expresses some programmatic worries and possible applications. It is argued that the impact of interventions should be evaluated both in terms of reduced inequity (as measured by the Extended Gini or the Extended Proportional Gini) and improved efficiency (measured by gains in average healthy life expectancy). Measurement of pure health inequity could supplement cost-effectiveness analysis as a basis for fair priority setting. (shrink)

The Antecedent-Behavior-Consequence (ABC)-analysis is a tool for analyzing behavior and stems from the field of psychology where it is used as a tool for the understanding of behavior in general and organizational behavior in particular. In this paper the ABC-analysis is implemented as a tool to understand why people behave ethically in organizations, through the identification of key environmental factors that cause such behavior. This analysis can be the first step to recognizing the complexity of circumstances determining ethical behavior, as (...) well as trigger for changing that behavior. This will be elaborated in the implementation process of an ethical code. The working of the ABC-analysis will be illustrated with an example derived from field research concerning the reorganization of a department of a chemical company. (shrink)

The capability approach, originated by Amartya Sen is among the most comprehensive and influential accounts of justice that applies to issues of health and health care. However, although health is always presumed as an important capability in Sen’s works, he never manages to fully explain why health is distinctively valuable. This paper provides an explanation. It does this by firstly laying out the general capability-based argument for health justice. It then discusses two recent attempts to justify why health is distinctively (...) valuable from within a capability framework – these are Sridhar Venkatapuram’s conception of health as the central human meta-capability and, respectively, Norman Daniels’ embrace of the capability metric in his use of Rawls’ principle of fair equality of opportunity. The paper argues that none of these accounts succeed in providing a plausible justification of the value of health. Finally, the paper suggests an alternative more complex justification, closely tied to different but central element of the capability view, that captures the core intuitions of both Venkatapuram and Daniels’ accounts but without being vulnerable to the objections raised against each of them. This, the paper concludes, provides a promising ground on which the capability view on health justice should be founded. (shrink)

Many consider play a natural part of childhood, and although there is disagreement in the literature on what essentially defines “play” in childhood, philosophical theories of play tend to support this initial consideration. But is childhood play also something we owe each other within a framework of educational justice? This is a question yet to be addressed. In this paper, I answer this question affirmatively. I take off from a generic account of educational justice and argue that childhood play should (...) be considered a central entitlement of this account. I then argue in line with the capability approach that if we ought to protect childhood play, it should be children’s capability for play rather than the functioning of play that needs protection. I end by offering an account of the capability for childhood play. (shrink)

Much research has studied the importance of play for children’s development. However, questions of its political importance and our public institutions’ duties to protect it have been largely neglected. This article argues that childhood play is politically important due to having both intrinsic and instrumental value, and it suggests that the duty to protect the capability for play in childhood falls especially on the public health system. If this argument succeeds, it follows that we have stronger duties toward our children (...) than we currently believe. (shrink)

There is an apparent problem in identifying a basis for equality. This problem vanishes if what I call the ‘intuited response’ is successful. According to this response, there is no further explanation of the significance of the feature in virtue of which an individual matters, beyond the bare fact that it is the feature in virtue of which an individual matters. I argue against this claim, and conclude that if the problem of identifying a basis for equality is to be (...) resolved, it is necessary to defend a substantive account of the independent significance of some feature. (shrink)

Mutually beneficial exchanges in markets can be exploitative because one party takes advantage of an underlying injustice. For instance, employers of sweatshop workers are often accused of exploiting the desperate conditions of their employees, although the latter accept the terms of their employment voluntarily. A weakness of this account of exploitation is its tendency for over-inclusiveness. Certainly, given the prevalence of global and domestic socioeconomic inequalities, not all exchanges that take place against background injustices should be considered exploitative. This paper (...) offers a framework to identify exploitation in mutually beneficial exchange, focusing on the case of sweatshop labor. It argues that an employer can be viewed as taking unfair advantage of an underlying injustice if and only if the employer’s surplus from the exchange in the unjust state of affairs exceeds the surplus it could maximally obtain in a just state of affairs. The paper illustrates the applicability of this framework using three different conceptions of justice and argues that it is superior to microlevel accounts of exploitation that regard background justice as irrelevant. The paper concludes by describing some normative implications that follow from judging an exchange exploitative. (shrink)

This analysis maps the deepening global crisis and the principles of its resolution by life-value analysis and method. Received theories of economics and justice and modern rights doctrines are shown to have no ground in life value and to be incapable of recognizing universal life goods and the rising threats to them. In response to this system failure at theoretical and operational levels, the unifying nature and measure of life value are defined to provide the long-missing basis for understanding the (...) common interest, human rights and social justice—that is, the universal life necessities of humanity across cultures and the evolving civil commons infrastructures to ensure them. In contrast, the treaty-imposed corporate rights system miscalled “globalization” is structured to predate life means and support systems at all levels with no accountability beyond itself. Only the logic of life value, human rights and life-protective law, it is concluded, can comprehend or govern this inherently life-blind and cumulatively eco-genocidal regime. (shrink)

This analysis maps the deepening global crisis and the principles of its resolution by life-value analysis and method. Received theories of economics and justice and modern rights doctrines are shown to have no ground in life value and to be incapable of recognizing universal life goods and the rising threats to them. In response to this system failure at theoretical and operational levels, the unifying nature and measure of life value are defined to provide the long-missing basis for understanding the (...) common interest, human rights and social justice—that is, the universal life necessities of humanity across cultures and the evolving civil commons infrastructures to ensure them. In contrast, the treaty-imposed corporate rights system miscalled “globalization” is structured to predate life means and support systems at all levels with no accountability beyond itself. Only the logic of life value, human rights and life-protective law, it is concluded, can comprehend or govern this inherently life-blind and cumulatively eco-genocidal regime. (shrink)

Disparities in socioeconomic status correlate closely with health, so that the lower a person's social position, the worse his health, an effect that the epidemiologist Michael Marmot has labeled the status syndrome. Marmot has argued that differences in autonomy, understood in terms of control, underlie the status syndrome. He has, therefore, recommended that the American medical profession champion policies that improve patient autonomy. In this paper, I clarify the kind of control Marmot sees as connecting differences in socioeconomic status to (...) health disparities. I then discuss his use of Amartya Sen's capabilities approach to justice, arguing that he is unsuccessful in relating autonomy as a descriptive property with a normative framework that can adequately explain why and to what extent we should reduce health disparities. (shrink)

La propia responsabilidad puede entenderse como un valor que los individuos tratan de satisfacer en lugar de pretender optimizar. Ciertos dilemas habituales entre procesos de elección racional y componentes emocionales o expresivos, no resultan ser auténticos dilemas. Analizamos la responsabilidad y la confianza como dos procedimientos que contribuyen a construir una perspectiva complementarista de la racionalidad. Se encuentran apoyos para esta posición en Aristóteles, Adam Smith o Stuart Mill. Nuestra racionalidad acotada se presenta como un proceso entretejido que nos ayuda (...) a criticar tres aparentes dicotomías en los estudios morales que han sido muy bien expuestas por Amartya Sen. (shrink)

Amartya Sen is a renowned economist who has also made important contributions to philosophical thinking about distributive justice. These contributions tend to take the form of criticism of inadequate positions and insistence on making distinctions that will promote clear thinking about the topic. Sen is not shy about making substantive normative claims, but thus far he has avoided commitment to a theory of justice, in the sense of a set of principles that specifies what facts are relevant for policy choice (...) and determines, given a full characterization of any situation in terms of these relevant facts, what ought to be done in that situation. Moreover, Sen has expressed skepticism about the existence of a fully adequate theory in this sense. According to Sen there is a plurality of moral considerations that bear on choice of action and policy and no particular reason to think that weights can be attached nonarbitrarily to each consideration to yield a theory. (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)

Public health policies typically assume that there are characteristics and constraints over health that an individual cannot control and that there are choices that an individual could change if he is nudged or provided with incentives. We consider that health is determined by a range of personal, social, economic and environmental factors and we discuss to what extent an individual can control these factors. In particular, we assume that the observed health status of an individual is a result of factors (...) within the individual’s control and constraints the individual faces. We suggest three different constraints: budget, time and psychological constraints and position various determinants of health according to increasing levels of constraint and increasing degrees of individual control. We finally discuss public health policies such as nudging, intervening and rewarding within this new framework and show that the level of constraints and the degree of individual control on health status are essential dimensions to consider when designing and implementing public health policies. (shrink)