Theories of social justice are necessarily abstract, reaching beyond the particular and the immediate to the general and the timeless. Yet such theories, addressing the world and its problems, must respond to the real and changing dilemmas of the day. A brilliant work of practical philosophy, Frontiers of Justice is dedicated to this proposition. Taking up three urgent problems of social justice neglected by current theories and thus harder to tackle in practical terms and everyday life, Martha Nussbaum seeks a (...) theory of social justice that can guide us to a richer, more responsive approach to social cooperation. The idea of the social contract--especially as developed in the work of John Rawls--is one of the most powerful approaches to social justice in the Western tradition. But as Nussbaum demonstrates, even Rawls's theory, suggesting a contract for mutual advantage among approximate equals, cannot address questions of social justice posed by unequal parties. How, for instance, can we extend the equal rights of citizenship--education, health care, political rights and liberties--to those with physical and mental disabilities? How can we extend justice and dignified life conditions to all citizens of the world? And how, finally, can we bring our treatment of nonhuman animals into our notions of social justice? Exploring the limitations of the social contract in these three areas, Nussbaum devises an alternative theory based on the idea of capabilities. She helps us to think more clearly about the purposes of political cooperation and the nature of political principles--and to look to a future of greater justice for all. (shrink)

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.

In this major book Martha Nussbaum, one of the most innovative and influential philosophical voices of our time, proposes a kind of feminism that is genuinely international, argues for an ethical underpinning to all thought about development planning and public policy, and dramatically moves beyond the abstractions of economists and philosophers to embed thought about justice in the concrete reality of the struggles of poor women. Nussbaum argues that international political and economic thought must be sensitive to gender difference as (...) a problem of justice, and that feminist thought must begin to focus on the problems of women in the third world. Taking as her point of departure the predicament of poor women in India, she shows how philosophy should undergird basic constitutional principles that should be respected and implemented by all governments, and used as a comparative measure of quality of life across nations. (shrink)

In this volume based on her 2014 Locke Lectures, Martha C. Nussbaum provides a bracing new view that strips the notion of forgiveness down to its Judeo-Christian roots, where it was structured by the moral relationship between a score-keeping God and penitent, self-abasing, and erring mortals.

Should laws about sex and pornography be based on social conventions about what is disgusting? Should felons be required to display bumper stickers or wear T-shirts that announce their crimes? This powerful and elegantly written book, by one of America's most influential philosophers, presents a critique of the role that shame and disgust play in our individual and social lives and, in particular, in the law.Martha Nussbaum argues that we should be wary of these emotions because they are associated in (...) troubling ways with a desire to hide from our humanity, embodying an unrealistic and sometimes pathological wish to be invulnerable. Nussbaum argues that the thought-content of disgust embodies "magical ideas of contamination, and impossible aspirations to purity that are just not in line with human life as we know it." She argues that disgust should never be the basis for criminalizing an act, or play either the aggravating or the mitigating role in criminal law it currently does. She writes that we should be similarly suspicious of what she calls "primitive shame," a shame "at the very fact of human imperfection," and she is harshly critical of the role that such shame plays in certain punishments.Drawing on an extraordinarily rich variety of philosophical, psychological, and historical references--from Aristotle and Freud to Nazi ideas about purity--and on legal examples as diverse as the trials of Oscar Wilde and the Martha Stewart insider trading case, this is a major work of legal and moral philosophy. (shrink)

"--Peter Brooks, Princeton University "This is an important book and a superb piece of writing, combining passionate enthusiasm with calm arguments and informative examples.

The Epicureans, Skeptics, and Stoics practiced philosophy not as a detached intellectual discipline but as a worldly art of grappling with issues of daily and urgent human significance. In this classic work, Martha Nussbaum maintains that these Hellenistic schools have been unjustly neglected in recent philosophic accounts of what the classical "tradition" has to offer. By examining texts of philosophers such as Epicurus, Lucretius, and Seneca, she recovers a valuable source for current moral and political thought and encourages us to (...) reconsider philosophical argument as a technique through which to improve lives. Written for general readers and specialists, The Therapy of Desire addresses compelling issues ranging from the psychology of human passion through rhetoric to the role of philosophy in public and private life. (shrink)

Originally published in 1985 and now re-issued with a new preface, this study assesses the two major moral theories of ethical consequentialism and common-sense morality by means of mutual comparison and an attempt to elicit the implications and tendencies of each theory individually. The author shows that criticisms and defences of common-sense morality and of consequentialism give inadequate characterizations of the dispute between them and thus at best provide incomplete rationales for either of these influential moral views. Both theories face (...) inherent difficulties, some familiar but others mentioned for the first time in this work. The argument proceeds by reference to historical figures like Bentham, Ross and Sidgwick and to contemporary thinkers such as Williams, Nagel, Hare and Sen. (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)

Viable Values examines the most basic foundations of value and morality, demonstrating the shortcomings of major traditional views and proposing that morality is grounded in the objective requirements of human life. Smith argues that morality depends on a proper understanding of the concept of values, and that values depend on the alternative of life or death. She proposes that human beings need to be moral in order to live, explaining how life is the standard of morality, how flourishing is the (...) proper end and reward of living morally, and how an intelligent egoism is the path to flourishing. (shrink)

G. E. Moore’s critical analysis of right action in utilitarian ethics and his consequentialist concept of right action is a starting point for a theory of moral/right action in ethics of social consequences. The terms right and wrong have different meanings in these theories. The author explores different aspects of right and wrong actions in ethics of social consequences and compares them with Moore’s ideas. He positively evaluates Moore’s contributions to the development his theory of moral/right action.

Species egalitarianism is the view that all species have equal moral standing. To have moral standing is, at a minimum, to command respect, to be something more than a mere thing. Is there any reason to believe that all species have moral standing in even this most minimal sense? If so — that is, if all species command respect — is there any reason to believe they all command equal respect. The article summarises critical responses to Paul Taylor’s argument for (...) species egalitarianism, then explains why other species command our respect but also why they do not command equal respect. The intuition that we should have respect for nature is part of what motivates people to embrace species egalitarianism, but one need not be a species egalitarian to have respect for nature. The article closes by questioning whether species egalitarianism is even compatible with respect for nature. (shrink)

The main aim of the paper is critical reflection of the ethics of social consequences. The reflection is based on two partially related positions. Ethics of social consequences is, on the one hand, characterized as a contemporary ethical theory and, on the other, as a specific form of consequentialism. Methodology of criticism is based on the works of a homogenous group of modern-day consequentialist authors (though these are of diverse platforms): Pettit, Singer, Sen, Shaw. The purpose of this paper is (...) to provide objective reflection on the ethics of social consequences which may possibly become the base for further development and / or improvement of this original Slovak ethical theory. (shrink)

The contemporary situation within the realm of ethical theories is quite complicated. Were it not enough that many classical ethical theories are evolving into the new modern forms, new types of ethical theories are arising, as well. The main aim of the paper is to introduce this issue of ethical theories which are known under the term hybrid ethical theories. A secondary aim of the paper is to describe and characterize the contemporary ethical theory of ethics of social consequences, and (...) look for the answer whether it can be an example of this type of theory. To achieve the scope, the paper begins with a short introduction into the issue of contemporary consequentialism, followed by a presentation of the concept of hybrid ethical theories and its examples. Later the variability of consequentialism and ethics of social consequences are presented. The normative basis of this theory is subsequently analysed and explored in the context of hybrid ethical theories. Finally, the study clarify that the ethics of social consequences might be considered as a hybrid ethical theory. (shrink)

The present article deals with specific normative concepts of Spinoza’s ethical system and compares them to certain aspects of the theory of ethics of social consequences. At first, a way to approach the problem of normativity in Spinoza is presented, concentrating on the obligatory character of rational - or intellectual - motives. Then, theoretical evidence is presented which links Spinoza to normative-ethical consequentialism. The basis for a consequentialist model of Spinoza’s ethics is the concept of perfection, and on this basis (...) it seems possible to consider its compatibility with non-utilitarian forms of consequentialism, such as ethics of social consequences. Conclusively, the paper’s aim is to present the possibility of considering Spinozian consequentialism as a non-utilitarian consequentialism, while considering ethics of social consequences as a contemporary form of Spinozian consequentialism. (shrink)

This paper argues that the concept of dignity should be understood as a concept that we use to describe an aggregate of values and qualities of a person or thing that deserves esteem and respect. The primary value that creates the right to have dignity is life. The degree of dignity a life form has depends on its place in the evolutionary scale. Human beings are the highest form of life so they possess the highest degree of dignity.

The practical aspect of ancient philosophy has been recently made a focus of renewed metaphilosophical investigation. After a brief presentation of three accounts of this kind developed by Martha Nussbaum, Pierre Hadot, and Michel Foucault, the model of the therapeutic argument developed by Nussbaum is called into question from the perspectives offered by her French colleagues, who emphasize spiritual exercise (Hadot) or the care of the self (Foucault). The ways in which the account of Nussbaum can be defended are then (...) discussed, including both a ‘negative’ defense, i.e. the indication of the weaknesses of Hadot and Foucault’s proposals, and a ‘positive’ one focused on the points in which Nussbaum can convincingly address doubts about her metaphilosophical account. In response to these analyses, some further remarks made by Hadot and Foucault are discussed in order to demonstrate that their accounts are not as distant from Nussbaum after all. Finally, a recent metaphilosophical study by John Sellars together with a therapeutic (medical) model developed by the author of the present article are suggested as providing a framework for potential reconciliation between all three accounts discussed and a resource for further metaphilosophical studies. (shrink)

Foucault is critical of the tendency to reduce all social and political problems according to predetermined ends and verifiable procedures. For Foucault, philosophical activity is a condition of possibility for the articulation of the question of the self. Inspired by his work on the desiring subject, Foucault begins to explore the ethical and political implications of self-care for modern day concerns. He presents an account of self-care that centres on developing an attitude that questions the personal relationship to truth, and (...) puts to test those ideas and truths held most dearly. Processes of self-care evaluate the consistency between those truths a person regards as necessary and a person’s actions in the world. Interested in the ways in which people see themselves as subjects, Foucault directs his attention to the connection between systems of knowledge, power, and practices of the self. Crucial to Foucault’s process is the recognition that the self-subject is not given and does not have ontological precedence, and that subjectivity is transformable. By finding the lines and fractures in external and internal modes of objectification Foucault hopes to open up the space of freedom to bring about transformative events. The care of the self serves as a form of critique and resistance where it is both a way of living and acting in the world, and a critical response to a particular time and place. (shrink)

Martha Nussbaum has sought to establish the significance of disability for liberal theories of justice. She proposes that human dignity can serve as the basis of an entitlement to a set of capabilities that all human beings either possess or have the potential to develop. This article considers whether the concept of human dignity will serve as the justification for basic human capabilities in accounting for the demands of justice for people with profound learning difficulties and disabilities. It examines the (...) relationship between dignity and capabilities, suggesting that Nussbaum fails to distinguish between several conceptions of human dignity, whilst also identifying one of these conceptions as coming close to meeting several of her demands. It is difficult enough, however, to show how dignity is related to just one of our basic entitlements, and even that requires more than the resources available in Nussbaum's approach. (shrink)

Ethics of social consequences as a form of satisficing non-utilitarian consequentialism can be one of the methodological basis of bioethics education. The primary values in ethics of social consequences are humanity, human dignity and moral rights, which are developed and realized in correlation with positive social consequences. Secondary values in ethics of social consequences include justice, responsibility, moral duty and tolerance. The author analyses human dignity and humanity as principles of bioethics education.

Whatever ethical stance one takes in the debate regarding the ethics of human enhancement, one or more reference points are required to assess its morality. Some have suggested looking at the bioethical notions of safety, justice, and/or autonomy to find such reference points. Others, arguing that those notions are limited with respect to assessing the morality of human enhancement, have turned to human nature, human authenticity, or human dignity as reference points, thereby introducing some perfectionist assumptions into the debate. In (...) this article, we ask which perfectionist assumptions should be used in this debate. After a critique of views that are problematic, we take a positive approach, suggesting some perfectionist elements that can lend guidance to the practice of human enhancement, based on the work of Martha Nussbaum's Capability Approach. We suggest that the central capabilities can be used to define the human aspect of human enhancement and thereby allow a moral evaluation of enhancement interventions. These central capabilities can be maximized harmoniously to postulate what an ideal human would look like. Ultimately, the aim of this article is twofold. First, it seeks to make explicit the perfectionist assumptions found in the debate and eliminate those that are problematic. Second, the paper clarifies an element that is often neglected in the debate about human enhancement, the view of the ideal human towards which human enhancement should strive. Here, we suggest that some central capabilities that are essential for an ideal human being can be maximized harmoniously and can therefore serve as possible reference points to guide human enhancement. (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 evaluate the suitability of Nussbaum's substantive account of capabilities in light of conceptual and empirical work that has shown that positivity is widely valued and pursued as an end by many people, and evidence that positive outcomes, even economic ones, are often caused by well-being rather than the other way around. While Nussbaum sees positive emotions as incidental to the experience of well-being, we argue that the experience of such mental states is partly constitutive of flourishing.

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)

The article deals with two consequentialist theories and their comparison in terms of promoting certain values and evaluation of moral agents’ actions and behaviour. A basic presupposition is their mutual compatibility based primarily on their consequentialist nature. The paper searches for possible evidence that presented theories might be denominated as hybrid theories based on their dynamic transformations and it also searches for possible mutual enrichment of these theories/approaches as their examined similar character might be a good starting point for such (...) goals. The nature of ethical values is questioned as well as the idea (supported by relevant argumentation) of not distinguishing ethical theories based on their implicit inclination towards usage of specific values. The paper confronts these traditional (classical) ideas of making such differentiation and thus strictly connecting specific moral values with specific ethical theories and not allowing possible productive associations. Ethics of social consequences and the theory of lesser evil are chosen as examples to prove that not limited approaches in terms of operation with only specific type of values might be productive. Their dynamic character predestines these theories to be hybrid ethical theories and thus compatible in their value structure and theory of right. (shrink)

The article focuses on an analysis of semantic and culturosophic senses of interrelated processes of remembering and forgetting in human consciousness. It has been proved that conscious memory means the active self-reflection of a person or a community upon the choice of value directives towards acts and actions connected with identification and representation of one’s own authenticity. The research demonstrates that conscious (true) memory is realized only through the prism of ethical coordinates that reflect the dignity of a person/community as (...) moral agents. (shrink)