Online research in philosophy

It has been common for researchers and commentators within the discipline of Social and Public Policy to evoke Rawlsian theories of justice. Yet some now argue that the contractualist tradition cannot adequately incorporate, or account for, relations of care, respect and interdependency. Though contractualism has its flaws this article proposes that we should not reject it. Through a critique of one of its most esteemed critics, Martha Nussbaum, it proposes that contractualism can be defended against the capabilities approach she prefers. The article concludes by suggesting how and why the moral philosophy of Thomas Scanlon offers a basis for reconciling the strengths of a contractualist, egalitarian liberalism with those of Nussbaum’s capabilities approach.

Martha Nussbaum has expanded the capabilities approach to defend positive duties of justice to individuals who fall below Rawls’ standard for fully cooperating members of society, including sentient nonhuman animals. Building on this, David Schlosberg has defended the extension of capabilities justice not only to individual animals but also to entire species and ecosystems. This is an attractive vision: a happy marriage of social, environmental and ecological justice, which also respects the claims of individual animals. This paper asks whether it is one that the capabilities approach can really deliver. Serious obstacles are highlighted. The potential for conflict between the capability-based entitlements of humans and those of nonhuman animals or ‘nature’ is noted, but it is argued that this does not constitute a decisive objection to the expanded capabilities approach. However, intra-nature conflicts are so widespread as to do so: the situation is outside the circumstances of justice as they are standardly understood. Schlosberg attempts to reconcile such conflicts by re-examining what it means to flourish as a sentient nonhuman animal. This fails, because of the distinction between flourishing as a species, which often requires predation, and flourishing as an individual, which is as frequently incompatible with it. Finally, the paper considers how a capabilities theorist might move beyond such conflicts, identifying two possible strategies (which are not themselves unproblematic) for reconciling the demands of humans, animals and ecosystems.

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.

Animal rights and moral theories -- Arguing for one's species -- Utilitarianism and animals : Peter Singer's case for animal liberation -- Tom Regan : animal rights as natural rights -- Virtue ethics and animals -- Contractarianism and animal rights -- Animal minds.

The concepts of animal, human, and rights are all part of a philosophical tradition that trades on foreclosing the animal, animality, and animals. Rather than looking to qualities or capacities that make animals the same as or different from humans, I investigate the relationship between the human and the animal. To insist, as animal rights and welfare advocates do, that our ethical obligations to animals are based on their similarities to us reinforces the type of humanism that leads to treating animals—and other people—as subordinates. But, if recent philosophies of difference are any indication, we can acknowledge difference without acknowledging our dependence on animals, or without including animals in ethical considerations. Animal ethics requires rethinking both identity and difference by focusing on relationships and responsivity. My aim is not only to suggest an animal ethics but also to show how ethics itself is transformed by considering animals.

Many have thought that an important feature of any just society is the establishment and maintenance of a suitable basic minimum: some set of welfare achievements, resources, capabilities, and so on that are guaranteed to all. However, if a basic minimum is a plausible requirement of justice, we must have a theory — a theory of what, precisely, the state owes in terms of these basic needs or achievements and what, precisely, is the proper structure of the obligation to provide them. In Section 1, I will critically examine one recent influential account of the basic minimum: Martha Nussbaum's `human capabilities approach'. I argue that Nussbaum's account has several structural features, few of which are independently plausible, and which create insuperable difficulties when viewed in combination. The failure of Nussbaum's account is instructive, however. It provides motivation for the positive account I sketch in Section 2. Key Words: Martha Nussbaum • welfare • capabilities • autonomy.

Martha Nussbaum proposes a universal list of human capabilities as the basis for fundamental political principles. She claims that the list, in an Aristotelian spirit, might be justified by an ongoing inquiry into valuable human functionings for the good life. Here I argue that the attractiveness of Nussbaum’s theory crucially depends on the philosophical possibility of a non-reductionist understanding of naturalism and on resolving the tensions between ethical and political aspects of the role of capabilities. Through a comparison of Nussbaum’s approach with those of Aristotle and (less familiarly) Hume, I try to show that in these alternative versions we find valuable resources for the kind of non-reductionist model which might, in line with Nussbaum’s own objectives, provide the basis for a capabilities-based critique of dominant modes of normative theorizing and their influence in public discourse.

In Section I, the purely conceptual issue as to whether animals other than human beings, all or some, may possess rights is examined. This is approached via a consideration of the concept of a moral right, and by way of examining the claims of sentience, consciousness, capacities for pleasure and pain, having desires, possessing interests, self-consciousness, rationality in various senses. It is argued that only beings possessed actually or potentially of the capacity to be morally self-determining can be possessors of rights. In Section II, normative questions concerning the rights animals might possess if they were to be capable of possessing rights are discussed. The approach followed is that of considering the kinds of argument advanced in support of human rights, and whether these arguments, and the rights they are claimed to establish, are transferable to animals, and whether there are or might be specifically animal rights. In Section III the question of what is or could be the goal of one who recognizes and seeks to respect all rights, animal and human, is raised. In particular, the issue as to whether a goal of maximizing the satisfaction of rights could remain a coherent one if animal rights are acknowledged, is explored.

I begin in the same friendly spirit of alliance that Martha Nussbaum refers to when she notes that “Utilitarianism has contributed more than any other ethical theory to the recognition of animal entitlements.†In purely practical terms, I welcome her attempt to show that a distinct approach to political justice not only includes animals, in a fundamental way, within its scope, but also leads to consequences that in major respects are very similar to those that have for some years been advocated by utilitarians. Of the greatest possible importance, in this respect, is our agreement on the ethical imperative that we end factory farms as we know them.Every year, worldwide, tens of billions of animals suffer - and, one could add, are unable to exercise their most basic capabilities – through being crowded indoors, unable to form the social groups natural to them, in many cases unable even to stretch their limbs, some of them so tightly caged that they are unable even to turn around or walk a single step. Undoubtedly, in terms of the sheer numbers involved and the vast amount of suffering that results, ending factory farming should be the priority issue for all concerned with either the welfare, the preference satisfaction, or the capabilities, of nonhuman animals.

Cass Sunstein and Martha Nussbaum bring together an all-star cast of contributors to explore the legal and political issues that underlie the campaign for animal rights and the opposition to it. Addressing ethical questions about ownership, protection against unjustified suffering, and the ability of animals to make their own choices free from human control, the authors offer numerous different perspectives on animal rights and animal welfare. They show that whatever one's ultimate conclusions, the relationship between human beings and nonhuman animals is being fundamentally rethought. This book offers a state-of-the-art treatment of that rethinking.