In this paper, I argue that disabled people have a right to assistive technology, but this right cannot be grounded simply in a broader right to health care or in a more comprehensive view like the capabilities approach to justice. Both of these options are plagued by issues that I refer to as the problem of constriction, where the theory does not justify enough of the AT that disabled people should have access to, and the problem of overextension, where the (...) theory cannot adequately identify an upper limit on the AT that people have a right to. As an alternative to these justificatory frameworks, I argue that disabled people are owed access to AT at the expense of nondisabled people as a matter of compensatory justice. That is, I defend the position that disabled people are owed AT as part of due compensation for the harms they experience from being disadvantaged by society’s dominant cooperative scheme and the violation of their right to equality of opportunity that such disadvantage entails. I also propose a method for identifying an upper limit to what this right to AT requires. In this way, I argue that compensatory justice avoids both the problem of constriction and the problem of overextension. (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)

Philosophical accounts of human well-being face a number of significant challenges. In this paper, I shall be primarily concerned with one of these. It relates to the possibility, noted by Martha Nussbaum and Amartya Sen amongst others, that people’s desires and attitudes are malleable and can ‘adapt’ in various ways to the straitened circumstances in which they live. If attitudes or desires adapt in this way it can be argued that the relevant desires or attitudes fail to provide a reliable (...) basis for evaluating well-being. This is, what I shall call the ‘adaptation problem’. Nussbaum and Sen have—in different ways used this argument to motivate their versions of the ‘capability approach’. However, questions remain about the implications of adaptation for philosophical accounts of well-being. (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)

Energy production and consumption give rise to issues of justice for future humans. By analysing a specific case – Swedish energy politics – this article contributes to the discussion of how consideration for future humans should affect energy policy making. It outlines three different energy scenarios for the period 2035-2065 – the nuclear-renewables, the renewables-low and the renewables-high scenarios – and assesses them from the point of view of justice for future individuals by using the capabilities approach as a normative (...) framework. We cannot make a definitive assessment of the different scenarios due to the great uncertainties involved in determining the impacts on individuals living between 2035 and 2065 and individuals born thereafter, but we still conclude that we have certain reasons to prefer the renewables-low scenario since it avoids certain risks connected with the other scenarios. The economic growth in this scenario is lower than in the others, but we question whether this is a disadvantage from the point of view of the capabilities approach. _Keywords:_ energy scenarios, justice, future generations, capabilities approach. (shrink)

Western moral and political theorists have devoted much attention to the victimization of women by non-western cultures. But, conceiving injustice to poor women in poor countries as a matter of their oppression by illiberal cultures yields an imcomplete understanding of their situation.

This article explains some moral dimensions of a transnational feminist research project designed to provide a better standard or metric for measuring poverty across the world. The author is an investigator on this project. Poverty metrics incorporate moral judgments about what is necessary for a decent life, so justifying metrics requires moral argumentation. The article clarifies the moral aspects of poverty valuation, indicates some moral flaws in existing global poverty metrics, and outlines some conditions for a better global metric. It (...) then explains the methodology used in our project, providing its moral rationale and discussing some remaining moral concerns. (shrink)

Under models of moral and global citizenship education, compassion and caring are emphasized as a counterpoint to pervasive, heartless, neo-liberal globalization. According to such views, these and related emotions such as empathy, sympathy, and pity, can cause people to act righteously to aid others who are disadvantaged through no fault of their own. When applied to the contemporary issue of alleviating child poverty, it seems such emotions are both appropriate and easily developed through education. However, emotional appeals increasing a sense (...) of urgency regarding such a dire issue should not necessarily be prioritized in the face of competing possibilities. Emotions can be difficult to develop, regulate, and sustain. Their appropriate expression and application in global contexts can be problematic, as people’s valuation and understanding of feelings varies across societies. Additionally, there are tensions between discourses of emotional care and compassion and rational duty to social justice. This article examines competing views on education for understanding and responding to child poverty, and defends post-humanitarian imaginaries and the possibility of non-relational care ethics. Care, compassion, empathy, and emotion may be involved in learning about child poverty, but an a priori rational orientation is also essential in such grave matters of social injustice. (shrink)

Although measurement is widely misused in education, it is indispensable in addressing the problems of injustice in global educational opportunity. Considering how the case can be made for legitimate use of measurement in normative analysis and argument, we explore ways in which metrics have featured in the formulation of theories of justice, with particular attention to resourcist and capabilities approaches. We then consider three means of addressing global inequality and defend a reconstruction of the public sphere in which objective measures (...) of justice, deliberatively constructed, could supersede prevalent assumptions about measurement. (shrink)

: Care theorists have made significant gains over the past twenty-five years in establishing caring as a viable moral and political concept. Nonetheless, the concept of caring remains underdeveloped as a basis for a moral and political philosophy, and there is no fully developed account of our moral obligation to care. This article advances thinking about caring by developing a definition of caring and a theory of obligation to care sufficient to ground a general moral and political philosophy.

Care theorists have made significant gains over the past twenty-five years in establishing caring as a viable moral and political concept. Nonetheless, the concept of caring remains underdeveloped as a basis for a moral and political philosophy, and there is no fully developed account of our moral obligation to care. This article advances thinking about caring by developing a definition of caring and a theory of obligation to care sufficient to ground a general moral and political philosophy.

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

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

The theory of needs has a political problem. Whilst contemporary theorists largely recognise that politics plays an important part in many of the processes surrounding our needs, they nevertheless hang onto the notion that our most important needs can be determined outside of the political. This article challenges that framing. It does so through a taxonomy and critique of the major contemporary approaches to needs. Considering the works of Len Doyal and Ian Gough, Martha Nussbaum, and Lawrence Hamilton, I divide (...) these into three strands: theories that attempt to avoid, solve, and improve the politics of need. Despite some major differences, these approaches share an understanding of the underlying challenges involved in discerning which needs matter. That framing, I argue, is responsible for certain intractable difficulties that leave needs theorists unable to provide the solutions they demand to the theoretical dilemma they posit. Moreover, in attempting to find those solutions, these theories end up ignoring their partisan implications. The conclusion I reach is that the political theory of needs is not very ‘political’ at all, and that this represents the root of the problem. I thus suggest an alternative, politically realist framing that conceptualises needs as constitutively political. (shrink)

Se situant au confluent du libéralisme politique rawlsien et de l’anthropologie néoaristotélicienne, l’approche des capabilités de Martha Nussbaum offre un cadre théorique permettant de répondre aux tensions multiculturelles. Cet article constitue une analyse détaillée de la réponse de Nussbaum à ces enjeux, qui prétend unir un pluralisme axiologique à un universalisme moral fort. Nous avancerons que la démarche entreprise par la philosophe porte une tension entre le libéralisme politique rawlsien et le cadre conceptuel apporté par la liste des capabilités. Cette (...) liste pose une difficulté par le déficit démocratique de ses fondements, n’intégrant pas suffisamment des normes d’inclusion et de représentation. Dans un dernier temps, nous tenterons de pallier ces problèmes en intégrant à l’approche de Nussbaum des exigences délibératives. (shrink)

This dissertation attempts to preserve the central tenets of a global moral theory called “the capabilities approach” as defended by Martha Nussbaum, but to do so in a way that better realizes its own goals of identifying gender injustices and gaining cross-cultural support by providing an alternative defense of it. Capabilities assess an individual’s well-being based on what she is able to do (actions) and who she is able to be (states of existence). Nussbaum grounds her theory in the intuitive (...) idea that each and every person is worthy of equal respect and dignity. The problem with grounding a theory in a version of intuitionism is that it runs the risk of authoritarian moral reasoning. I argue Nussbaum, in fact, is the final arbiter who decides which intuitions are mistaken, which are not, and how to interpret what people say to fit into her own framework. This method of justifying capabilities is most problematic in cases of social inequality whereby dominant group members do not feel they need to check their intuitions against non-dominant group members, and even if they did, they are not forced to take the non-dominant group’s intuitions seriously. I find capabilities as a global moral theory to be very promising, and I agree with Nussbaum that a list of capabilities is beneficial for identifying people who are not able to live a truly dignified human life. However, I am also sympathetic to the criticism of defending capabilities using a version of intuitionism. So, I offer an alternative method of justifying the capabilities rooted in the discourse ethics tradition. This method seeks all persons that are affected by the outcome to freely and equally share their opinion. This avoids the charge of authoritarian moral reasoning, because (1) it seeks perspectives other than simply one’s own, but unlike traditional ethics, it (2) pays special attention to the ways in which power relations shape dialogue. Ultimately, I hope to have preserved the central tenets of the capabilities approach while better realizing Nussbaum’s commitment to defending a theory that is gender sensitive and has gained cross-cultural support. (shrink)

This Thesis reconsiders the prospects for an approach to global justice centring on the proposal that every human being should possess a certain bundle of goods, which would include certain members of a distinctive category: the category of capabilities. My overall aim is to present a clarified and well-developed framework, within which such claims can be made. To do this, I visit a number of regions of normative and metanormative theorising. I begin by introducing the motivations for the capability approach, (...) and clarifying some of its most distinctive features. Next, I focus on Martha Nussbaum's version of the approach, and identify several problems therein. The most important concerns epistemology, and especially the challenges that constructivist theories pose. The middle part of the Thesis presents an alternative, based on the work of John McDowell, which I argue has superior prospects. Then, I turn to two further problems: that of making sense of the universalistic aspirations of cosmopolitanism, and that of integrating the microscopic prescriptions of ethics with the macroscopic analyses of political philosophy. Using the Aristotelian interpretation of its core framework that I have developed, I conclude that the capability approach can provide compelling answers to important questions about global justice. (shrink)