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A Capability Approach to Justice as a Virtue

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Abstract

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.

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Notes

  1. Arguably there is a Rawlsian conception of the virtuous citizen, namely one who has and exercises the second moral power (reasonably seeking terms of cooperation acceptable to others), and who accepts the authority of public reason. However, Rawls did not discuss this explicitly as a virtue of acting justly.

  2. See Wood 1980. I wish to sidestep the debate about whether Marx rejected all concerns for justice. On this debate, see Geras 1989. Marx was clearly critical of some justice concerns, and these criticisms apply usefully to TI approaches to justice.

  3. Sen does not provide any reasons for this expectation. I have argued that the expectation of convergence is justifiable to the extent that public reasoning is guided by what I have called ‘responsible pluralism’. See Drydyk 2011.

  4. Sen’s primary concern in this regard is neither the interests over which one is impartial nor one’s ideas of impartiality should be restricted to those shared within a closed decision-making community (Sen 2009, 124–52).

  5. The same considerations apply to arguments based on historical responsibilities or indeed personal responsibilities. The insight here (which would need to be developed further) is that social actors who manage to reduce inequalities and to discharge these responsibilities exhibit greater justice that those who do not.

  6. On another interpretation, nemesis is one emotion among a cluster of four that jointly dispose a person to being pleased by deserved fortune and pained by the undeserved. Indignation is being pained by undeserved good fortune, while pity is being pained by undeserved bad fortune. There are no names for the two others: being pleased or unmoved by deserved bad fortune, and being pleased by deserved good fortune (Sokolon 2006, 147–50). For a somewhat different categorization of ‘desert-based emotions’ see Kristjánsson 2006, 88–103.

  7. Hamid Dabashi, ‘Bury Gaddafi with Dignity’, Aljazeera, October 22, 2011; ‘Gaddafi’s Death: Growing Revulsion at Treatment of the Dictator’s Body’, The Guardian, October 22, 2011; David D. Kirkpatrick, ‘Qaddafi’s Death Places Focus on Arab Spring’s “Hard Road”’, The New York Times, October 20, 2011.

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Correspondence to Jay Drydyk.

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Drydyk, J. A Capability Approach to Justice as a Virtue. Ethic Theory Moral Prac 15, 23–38 (2012). https://doi.org/10.1007/s10677-011-9327-2

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