One of liberalism’s core commitments is to safeguarding individuals’ autonomy. And a central aspect of liberal social justice is the commitment to protecting the vulnerable. Taken together, and combined with an understanding of autonomy as an acquired set of capacities to lead one’s own life, these commitments suggest that liberal societies should be especially concerned to address vulnerabilities of individuals regarding the development and maintenance of their autonomy. In this chapter, we develop an account of what it would mean for (...) a society to take seriously the obligation to reduce individuals’ autonomy-related vulnerabilities to an acceptable minimum. In particular, we argue that standard liberal accounts underestimate the scope of this obligation because they fail to appreciate various threats to autonomy. (shrink)

This paper is written from a perspective that is sympathetic to the basic idea of the capability approach. Our aim is to compare Martha Nussbaum’s capability theory of justice with Alan Gewirth’s moral theory, on two points: the selection and the justification of a list of central capabilities. On both counts, we contend that Nussbaum’s theory suffers from flaws that Gewirth’s theory may help to remedy. First, we argue that her notion of a (dignified) human life cannot fulfill the role (...) of a normative criterion that Nussbaum wants it to play in selecting capabilities for her list. Second, we question whether Nussbaum’s method of justification is adequate, discussing both her earlier self-validating argumentative strategy and her more recent adherence to the device of an overlapping consensus. We conclude that both strategies fail to provide the capabilities theory with the firm foundation it requires. Next, we turn to Gewirth’s normative theory and discuss how it can repair these flaws. We show how his theory starts from a fundamental moral principle according to which all agents have rights to the protection of the necessary preconditions of their agency. Gewirth’s justification of this principle is then presented, using a version of a transcendental argument. Finally, we explicitly compare Nussbaum and Gewirth and briefly demonstrate what it would mean for Nussbaum to incorporate Gewirthian elements into her capabilities theory of justice. (shrink)

A capability approach prescribes paternalist government actions to the extent that it requires the promotion of specific functionings, instead of the corresponding capabilities. Capability theorists have argued that their theories do not have much of these paternalist implications, since promoting capabilities will be the rule, promoting functionings the exception. This paper critically surveys that claim. From a close investigation of Nussbaum's statements about these exceptions, it derives a framework of five categories of functionings promotion that are more or less unavoidable (...) in a capability theory. It argues that some of these categories may have an expansionary dynamic; they may give rise to widespread functionings promotion, which would defeat the capabilitarian promise that paternalist interventions will be exceptions to the rule of a focus on capabilities. Finally, the paper discusses three further theoretical issues that will be decisive in holding this paternalist tendency in check: how high one sets threshold levels of capability protection, how lengthy one's list of basic capabilities is, and how one deals with individual responsibility for choices resulting in a loss of one's capabilities. (shrink)

Capability theorists have suggested different, sometimes incompatible, ways in which their approach takes account of the value of freedom, each of which implies a different kind of normative relation between functionings and capabilities. This paper examines three possible accounts of the normative relation between functionings and capabilities, and the implications of each of these accounts in terms of degrees of paternalism. The way in which capability theorists apparently oscillate between these different accounts is shown to rest on an apparent tension (...) between anti-paternalism and anti-fetishism. The paper then advances a fourth account, which incorporates a concern with the content-independent or ‘non-specific’ value of freedom. Only the fourth account would remove all traces of paternalism from the capability approach. Whatever reasons advocates of the capability approach might have had for rejecting this fourth account, those reasons are not internal to the capability approach itself. (shrink)

Recognition plays a central role in international affairs and in moral and political theory. Hegel noted the connections between these two contexts, and this article explores Hegel's approach with reference to the work of two political philosophers (Honneth and Rawls) and debates in international law. The conclusion is that while recognition has a constitutive role in international affairs, it has a different role in moral and political theory: morality is the evaluative recognition of the significance of individual autonomy.

Philosophers perennially debate the nature of the good for humans. Is it subjective or objective? That is to say, do the things that are intrinsically good for an agent, good for their own sakes and apart from further consequences, acquire this status only in virtue of how she happens to regard them? Or are there things that are good in themselves for an individual independently of her desires and attitudes toward them? The issue sounds recondite, but has been thought to (...) be pregnant with implications for politics as it ought to be. Plato vigorously insists that knowledge of the good is precious and the person who has it is uniquely fit to rule: "In the world of knowledge, the last thing to be perceived and only with great difficulty is the essential Form of Goodness. Once it is perceived, the conclusion must follow that, for all things, this is the cause of whatever is right and good; in the visible world it gives birth to the light and to the lord of light, while it is itself sovereign in the intelligible world and the parent of wisdom and truth. Without having had a vision of this Form no one can act with wisdom, either in his own life or in matters of state.". (shrink)

Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition.

In this critique, Martha Nussbaum argues that our dominant theories of development have given us policies that ignore our most basic human needs for dignity and self-respect.

Previous edition, 1st, published in 1971.

I compare Mill's and Sen's accounts of the value of opportunity, focusing on a tension between two ideas they both uphold: that individual freedom is an important component of well-being, and that, because desires can be adaptive, actual desire is not always a good indicator of what will give well-being. The two writers' responses to this tension reflect different understandings of the relationship between freedom and desire. Sen links an individual's well-being to her freedom to choose what she has reason (...) to desire, and looks to a democratic political process for a collective judgement about what it is rational to desire. Mill links the individual's well-being to her freedom to act on her own desires, whatever they may be, within the constraints imposed by a fair initial distribution of resources. He sees no need for collective judgement about what is ultimately valuable in human life. I side with Mill. (Published Online February 16 2006). (shrink)

There appears to be a tension between two commitments in liberalism. The first is that citizens, as rational agents possessing dignity, are owed a justification for principles of justice. The second is that members of society who do not meet the requirements of rational agency are owed justice. These notions conflict because the first commitment is often expressed through the device of the social contract, which seems to confine the scope of justice to rational agents. So, contractarianism seems to ignore (...) the justice claims of the severely cognitively impaired. To solve this problem, Martha Nussbaum proposes the capabilities approach. The justifiability condition, on this approach, is met by the idea of overlapping consensus. This essay argues that overlapping consensus cannot meet liberalism’s justifiability condition, nor is it more inclusive of the cognitively impaired. Therefore, we have reason to retain the contract device and look for another way to ensure that liberalism respects the justice claims of all. (shrink)

The concept of well-being is central to the subject matter of moral philosophy as well as economics. According to some moral theorists morality is about the maximization of social well-being. According to others, notably John Rawls we ought to give particular priority to the worst off members in society. Both these and other moral positions, whatever the priority they attach to different members of society in arriving at moral judgements, require an account of well-being or advantage. The concern with well-being (...) is thus of foundational importance in moral philosophy, even if well-being is not thought of as all that matters. Furthermore, those who want to distinguish ‘morality’ from ‘self-interest’ must furnish us with an account of human interests, so that we can distinguish the moral realm from that of self-interest or prudence. The concerns of moral philosophers, here, clearly overlap with those of economists. Economists are much concerned with questions of how well people are doing, with their ‘standard of living’ or ‘quality of life’. However, there are very different ways of thinking about each of these ideas. Indeed, we need to discriminate between different views of the quality of life and to decide which is the most appropriate for the purposes of moral theory and the normative parts of economics. (shrink)

In comparing Sen's work with Mill's, Sugden criticizes Sen's capability approach because it may be applied in such a way that society or theorists judge what is best for people and potentially restrict liberty on that basis. Sugden cites Nussbaum's work as evidence in making his case. Sugden's critique of Sen's approach succeeds on a narrow reading of it. On that reading Sen is also critical of it because it does not leave enough room for liberty. On a broad reading, (...) the critique has less force. Nussbaum's approach follows Mill in allowing people freedom to act on whatever desires they have if this does not harm others. This neutralizes the central element of Sugden's critique as it applies to her approach to some degree. Both Sen and Nussbaum nonetheless recognize the danger of illiberal restrictions in application which motivates Sugden's critique. (shrink)

This book is in three sections, with two chapters in each. It begins with questions of psychology: questions to do with what it means to be an intentional agent and, in particular, what it means to be an agent with the capacity for thought. Having sketched an overall view of the intentional, thinking agent, it then goes on to explore the difference that social life makes to the mentality of such agents; in effect, it outlines a social ontology. And, having (...) developed a picture of the mind in society – of the common or social mind – it turns, finally, to the lessons of this picture for the pursuit of social and political theory: for the explanation of what happens on the social scene and for the evaluation of the different ways in which that scene may be structured. (shrink)

In a recent discussion of Amartya Sen's concept of the capabilities of people for functioning in their society – and the idea of targeting people's functioning capabilities in evaluating the society – G. A. Cohen accuses Sen of espousing an inappropriate, ‘athletic’ image of the person (Cohen, 1993, pp. 24–5). The idea is that if Sen's formulations are to be taken at face value, then life is valuable only so far as people actively choose most facets of their existence: if (...) they fare well in the material stakes, for example, they must fare well as a result of active choice and effort, not because anyone else looks after them. ‘That’, says Cohen, ‘overestimates the place of freedom and activity in well-being’ (p. 25). (shrink)

What is the correct metric of distributive justice? Proponents of the capability approach claim that distributive metrics should be articulated in terms of individuals’ effective abilities to achieve important and worthwhile goals. Defenders of resourcism, by contrast, maintain that metrics should instead focus on the distribution of external resources. This debate is now more than three decades old, and it has produced a vast and still growing literature. The present paper aims to provide a fresh perspective on this protracted debate. (...) It does so by defending capability metrics while also criticizing the two most common arguments used to support them, and sympathetically reconstructing the arguments for resourcism. I ultimately argue that while sweeping defenses of the capability approach do not succeed, capability theorists can indeed vindicate the justice-relevance of certain capabilities while still accommodating what is plausible in resourcism. (shrink)

The capability approach to distributive justice, as defended by Amartya Sen and Martha Nussbaum, represents perhaps the most influential recent attempt to reconcile the competing demands of liberty and equality. Specifically, capability theorists have claimed that their insistence on the universal cultivation of a set of capabilities for basic human "functionings" is fully consistent with a liberal neutrality commitment. Their reason is that these capabilities are, like Rawls's primary goods, rational to want "whatever else one wants." This article suggests, in (...) contrast, that the capability approach fails to satisfy the neutrality requirement endorsed by both Sen and Nussbaum. It further suggests that the non-neutral character of the approach reflects its Rawlsian lineage, and raises serious doubts about the coherence of Rawls's account of primary goods. (shrink)

When Amartya Sen defends his capability theory of well-being he contrasts it with the utility theory advocated by the classical utilitarians, including John Stuart Mill. Yet a closer examination of the two theories reveals that they are much more similar than they appear. Each theory can be interpreted in either a subjective or an objective way. When both are interpreted subjectively the differences between them are slight, and likewise for the objective interpretations. Finally, whatever differences may remain are less important (...) than they might seem, since the two theories are developed by Sen and Mill for different purposes and are in that sense not genuine rivals. (shrink)

What is the correct metric of distributive justice? Proponents of the capability approach claim that distributive metrics should be articulated in terms of individuals’ effective abilities to achieve important and worthwhile goals. Defenders of resourcism, by contrast, maintain that metrics should instead focus on the distribution of external resources. This debate is now more than three decades old, and it has produced a vast and still growing literature. The present paper aims to provide a fresh perspective on this protracted debate. (...) It does so by defending capability metrics while also criticizing the two most common arguments used to support them, and sympathetically reconstructing the arguments for resourcism. I ultimately argue that while sweeping defenses of the capability approach do not succeed, capability theorists can indeed vindicate the justice-relevance of certain capabilities while still accommodating what is plausible in resourcism. (shrink)

The concept of dignity plays a foundational role in the more recent versions of Martha Nussbaum’s capabilities theory. However, despite its centrality to her theory, Nussbaum’s conception of dignity remains under-theorised. In this paper we critically examine the role that dignity plays in Nussbaum’s theory by, first, developing an account of the concept of dignity and introducing a distinction between two types of dignity, status dignity and achievement dignity. Next, drawing on this account, we analyse Nussbaum’s conception of dignity and (...) contrast it with Kant’s conception of dignity. On the basis of this comparison between Nussbaum and Kant, we highlight tensions between Nussbaum’s Aristotelianism, which is central to her conception of dignity, and her commitment to political liberalism. This leads us to conclude that Nussbaum’s claim that her conception of dignity is only a partial political conception is implausible and that her conception of dignity seems to commit her to a satisficing form of perfectionist liberalism. (shrink)

The article discusses a fundamental problem that has to be faced if the general capability approach is to be developed in the direction of a theory of justice: the selection and justification of a list of capabilities. The democratic solution to this problem (defended by Amartya Sen) is to leave the selection of capabilities to a process of democratic deliberation, while the philosophical solution (defended by Martha Nussbaum) is to establish this list of capabilities as a matter of philosophical theory. (...) The article investigates the debate between these two different positions and argues in favour of the philosophical solution. First, it distinguishes political from epistemological reasons for (not) making capability lists. Second, it shows that the democratic position must incorporate at least some philosophical theorising in general and a theory of democracy in particular. Third, the article argues that the democratic position presupposes that the philosophical position will bypass the democratic process while actually it does not. The philosophical position is actually more respectful of democracy than the democratic position. Fourth, while philosophers may exercise caution and connect their capability lists to actual democratic debates and other empirical sources, this kind of epistemological virtue ironically may heighten the chance of receiving reproaches on the political level. (shrink)

Two of the most important theories in contemporary liberal egalitarianism are Ronald Dworkin’s equality of resources and Amartya Sen’s capability approach. Recently Dworkin has claimed that Sen’s capability approach does not provide a genuine alternative to equality of resources. In this article, we provide both an internal and an external critique of Dworkin’s claim. In the first part of the article we develop an internal critique by providing a detailed analysis of Dworkin’s claim. Andrew Williams has contested Dworkin’s claim, but (...) he has failed to convince Dworkin of his objections. We analyze this debate, and offer an argument that, we hope, settles this dispute. In the second part of the article we argue that an analysis beyond the current parameters of the liberal-egalitarian debate points to three significant differences between Dworkin’s and Sen’s egalitarian theories: the degree to which they rely on an ideal-theoretical approach; their ability to judge social structures that are intertwined with people’s social endowments; and their endorsement of a well-defined criterion to demarcate morally relevant from morally irrelevant inequalities. This broader analysis not only reinforces our conclusion that Dworkin’s equality of resources and Sen’s capability approach are genuinely distinct, but it also suggests some more general insights that may be relevant for a better understanding of contemporary egalitarian thinking. (shrink)

In this paper, I examine two versions of the so-called “hierarchical” approach to personal autonomy, based on the notion of “second-order desires”. My primary concern will be with the question of whether these approaches provide an adequate basis for understanding the dynamics of autonomy-ascription. I begin by distinguishing two versions of the hierarchical approach, each representing a different response to the oft-discussed “regress” objection. I then argue that both “structural hierarchicalism” (e.g., Frankfurt, Bratman) and “procedural hierarchicalism” (e.g., Dworkin, Christman, Mele) (...) have difficulties accommodating the dynamics of how the attribution of autonomy to persons is claimed, disputed, and resolved. Although they differ in details, both shortcomings can be traced to viewing autonomy as a metaphysical rather than a normative, practical matter. I conclude by suggesting that these difficulties underscore the advantages of a more constructivist and pragmatist. (shrink)

This paper examines how three central aspects of personhood — the capacities of individuals, their normative status, and the social aspect of being recognized — are related, and how personhood depends on them. The paper defends first of all a ‘basic view’that while actual recognition is among the constitutive elements of full personhood, it is the individual capacities (and not full personhood) which ground the basic moral and normative demands concerning treatment of persons. Actual recognition depends analyti- cally on such (...) pre-existing normative requirements: it is a matter of responsiveness to them. The paper then discusses four challenges. The challenges claim that pace the basic view, the relevant capacities depend on recognition, that recognition seems to have normative rele- vance, and that the basic view cannot as such explain the equality either of persons, or of humans. Responding to these challenges amounts to refining the basic view accordingly. (shrink)

In her political philosophy, Martha C. Nussbaum defends liberal political principles on the basis of an objective conception of the good of human beings. This paper examines whether her argument succeeds. It identifies three methods to which Nussbaum refers in order to select the central human capabilities, whose exercise is seen as constituting the human good. It asks whether these methods – the interpretation of actual ways of human self-understanding, the search for necessary anthropological features, and the idea of an (...) overlapping consensus – can yield liberal political principles. The paper concludes that it is doubtful that the first two methods will lead to this result. As to the third method, it may yield liberal principles only insofar as it relies on the notion of human dignity which is interpreted in a way that contains a strong view of equality of all human beings. In this way, universal liberal principles are not primarily based on considerations of the human good, but on a genuine moral standpoint. (shrink)

John Searle began to discuss his recently published book `The Construction of Social Reality' with Anthony Freeman, and they ended up talking about God. The book itself and part of their conversation are introduced and briefly reflected upon by Anthony Freeman. Many familiar social facts -- like money and marriage and monarchy -- are only facts by human agreement. They exist only because we believe them to exist. That is the thesis, at once startling yet obvious, that philosopher John Searle (...) explores in The Construction of Social Reality. (shrink)