There is quite a long-standing tradition according to which the morally proper treatment of animals does not rely on what we owe them, but on our benevolence. Nussbaum wishes to go beyond this tradition, because in her view we are dealing with issues of justice. Her capabilities approach secures basic entitlements for animals, on the basis of their fundamental capacities. At the same time Nussbaum wishes to retain the possibility of certain human uses of animals, and to see them as (...) morally justifiable. This article shows that these things do not go together with her capabilities approach to animal rights. More specifically, they clash with the attitude towards animals that Nussbaum's approach intends to foster in human beings. (shrink)