The capabilities approach, religious practices, and the importance of recognition
| Abstract | When can ever be justified in banning a religious practice? This paper focusses on Martha Nussbaum's capabilities approach. Certain religious practices create a clash between capabilities where the capability to religious belief and expression is in conflict with the capability of equal status and nondiscrimination. One example of such a clash is the case of polygamy. Nussbaum argues that there may be circumstances where polygamy may be acceptable. On the contrary, I argue that the capabilities approach cannot justify polygamy in any circumstance. Her approach rules out polygamy, but may not rule out all non-monogamous relationships, such as polyamory. Finally, I conclude that the capabilities approach would benefit from a more robust understanding of recognition. | |||||||||
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Tony Fitzpatrick (2008). From Contracts to Capabilities and Back Again. Res Publica 14 (2).
Thom Brooks (2009). The Problem with Polygamy. Philosophical Topics 37 (2):109-22.
Elizabeth Cripps (2010). Saving the Polar Bear, Saving the World: Can the Capabilities Approach Do Justice to Humans, Animals and Ecosystems? Res Publica 16 (1):1-22.
Anders Schinkel (2008). Martha Nussbaum on Animal Rights. Ethics and the Environment 13 (1):pp. 41-69.
Alexander Bertland (2009). Virtue Ethics in Business and the Capabilities Approach. Journal of Business Ethics 84:25 - 32.
J. Felix Lozano, Alejandra Boni, Jordi Peris & Andrés Hueso (2012). Competencies in Higher Education: A Critical Analysis From the Capabilities Approach. Journal of Philosophy of Education 46 (1):132-147.
Melanie Walker (2003). Framing Social Justice in Education: What Does the 'Capabilities' Approach Offer? British Journal of Educational Studies 51 (2):168 - 187.
Colleen Murphy & Paolo Gardoni (2010). Assessing Capability Instead of Achieved Functionings in Risk Analysis. Journal of Risk Research 13 (2):137-147.
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