Inspired by Gaertner and Xu (2006), this paper examines the possibility to construct a social ordering over distributions of capability sets, and a measure of the value of individual capability sets, such that perfect equality of sets, across individuals, is preferable to a simple equality of the value of sets. It is shown that this is a rather demanding requirement.

This article explores how economic inequality in the United States has led to growing levels of poverty, food insecurity, and obesity for the bottom segments of the economy. It takes the position that access to nutritious food is a requirement for living and for participating fully in the workplace and society. Because of increasing economic inequality in the United States, growing segments of the U.S. economy have become more food insecure and obese, eating unhealthy food for survival and suffering an (...) erosion of “equality of capabilities” that undermines their ability to play a “full and active part in the functioning of community.” Unequal access to nutritious foods in the United States is attributable in part to an industrial food system that is designed to produce short-term profits for industrial food producers, processors, and distributors that extract surplus labor value through market concentration and opportunistic behavior at the expense of the long-term benefits for consumers, food workers, and ecosystems. Economic inequality, food insecurity, and the erosion of equality of capabilities in the United States have given rise to protest movements, social movements, social innovations, and some modest strengthening of regulations to make access to and consumption of healthy food a right for every person. Implications for business and society research are explored. (shrink)

This thesis is an evaluation of the badness of disability and equality. It argues that disability poses a problem for equality and that, given the new advances in reproductive and gene technologies, egalitarians should strive to give an answer to how we should best reduce the inequality between disabled and non-disabled individuals of future generations. To support the claim that disabilities pose a problem for equality, I argue against the recently proposed Mere Difference View of disability. Firstly, (...) the view is not successful in responding to why, if disabilities are neutral, inflicting disability is still impermissible. Secondly, some intellectual disabilities, for example, do not bring about positive features capable of compensating for the negative features that they also bring about. If some disabilities are bad states of being, some disabled individuals will be worse off than non-disabled individuals other things being equal. Given that disabled individuals are subject to inequality due to their disability, I analyse how able traditional compensatory accounts of egalitarian justice are when it comes to improving this inequality. I conclude that given the existence of intellectual disabilities, traditional compensatory accounts are not fully satisfactory and that egalitarians should look at whether other means, like enhancements and preventive techniques, would do this job better. Paradoxically, techniques that lead to the reduction in the incidence of disabilities make things worse with respect to one new aspect of inequality, namely the concentration of inequality. In scenarios of disability reduction, where there are only a few remaining disabled individuals and a great number of non-disabled individuals, disabled individuals would be worse off than a great number of non-disabled individuals. This situation can potentially also have a negative impact in the wellbeing of the few remaining disabled individuals if the fact that disabled individuals become a very small minority puts less pressure in society to accommodate them. I conclude that reducing the incidence of disabilities can make things worse for inequality in at least one respect. This conclusion has crucial consequences for policy making. I recognise that the question remains about how this aspect should be weighed against the fact that scenarios of disability reduction promote utility - they contain more individuals with higher wellbeing - and against the fact that, under views that ascribe positive value to relations of equality, scenarios of disability reduction would also be, in one way, promoters of equality. (shrink)

Humans possess two nonverbal systems capable of representing numbers, both limited in their representational power: the first one represents numbers in an approximate fashion, and the second one conveys information about small numbers only. Conception of exact large numbers has therefore been thought to arise from the manipulation of exact numerical symbols. Here, we focus on two fundamental properties of the exact numbers as prerequisites to the concept of EXACT NUMBERS : the fact that all numbers can be generated by (...) a successor function and the fact that equality between numbers can be defined in an exact fashion. We discuss some recent findings assessing how speakers of Munduruc (an Amazonian language), and young Western children (3-4 years old) understand these fundamental properties of numbers. (shrink)

In this article the author revisits the question of how feminist theory/theories could address questions regarding universalism, sameness, difference, and the quest for justice. She reconsiders the quest for justice and equality for women and the possibilities of a feminist perspective on justice and a feminist `community'. The three feminist theorists that she discusses are Martha Nussbaum, Drucilla Cornell, and Iris Marion Young. Nussbaum is closer to a liberal defense of universal values – Cornell and Young stand critical of (...) liberalism and focus on sublimity, dignity, and asymmetrical reciprocity. The author supports the perspective of the latter two theorists and applies these perspectives to aspects of South African equality jurisprudence. She also considers critically the extent to which the Draft Protocol to the African Charter on Human and People's Rights on the Rights of Women in Africa breaks with liberal universalism and sameness. To the end she supports a notion of` slowing down' in order to protect women's freedom and dignity, to approach each other with wonder and respect. (shrink)

Informed decision-making (IDM) is considered an important ethical and legal requirement for population-based screening. Governments offering such screening have a duty to enable invitees to make informed decisions regarding participation. Various views exist on how to define and measure IDM in different screening programmes. In this paper we first address the question which components should be part of IDM in the context of cancer screening. Departing from two diverging interpretations of the value of autonomy—as a right and as an ideal—we (...) describe how this value is operationalized in the practice of informed consent in medicine and translate this to IDM in population-based cancer screening. Next, we specify components of IDM, which is voluntariness and the requirements of disclosure and understanding. We argue that whereas disclosure should contain all information considered relevant in order to enable authentic IDM, understanding of basic information is sufficient for a valid IDM. In the second part of the paper we apply the capability approach in order to argue for the responsibility of the government to warrant equal and real opportunities for invitees for IDM. We argue that additional conditions beyond mere provision of information are needed in order to do so. (shrink)

This book presents the argument that health has special moral importance because of the disadvantage one suffers when subjected to impairment or disabling barriers. Christopher A. Riddle asserts that ill health and the presence of disabling barriers are human rights issues and that we require a foundational conception of justice in order to promote the rights of people with disabilities. The claim that disability is a human rights issue is defended on the grounds that people with disabilities experience violations to (...) their dignity, equality, and autonomy. Because human rights exist as a subset of other justice-based rights, Riddle contends that we must support a foundation of justice compatible with endorsing these three principles. This volume argues that the “capabilities approach” is the best currency of justice for removing the disabling barriers that consistently violate approximately one billion people’s human rights. (shrink)

This Article uses age as an entry point for examining how temporal and methodological issues in egalitarianism make substantive equality an unattractive goal for vulnerability theory. Instead, vulnerability theory should adopt a continuous doctrine of sufficiency, which is a better fit with vulnerability theory’s underlying aims and rhetoric. Instead of evaluating what individuals have in relation to others, sufficiency refocuses the inquiry on whether we have enough throughout the lifecourse. In the context of vulnerability theory, enough should be defined (...) as the capability to be resilient as guaranteed by the responsive state. (shrink)

This article will review reasons why it is argued that the law on abortion on the grounds of disability is discriminatory, as well as recent unsuccessful attempts to address this discrimination in the law. These attempts include ones which would have moderately restricted access to abortion in certain limited cases, and another that might have opened to door to a number of different possibilities, including both to options that could have restricted access to abortion, and to other options that might (...) have increased access. Finally, this article will also examine reasons why some of the most important challenges surrounding disability equality cannot be sufficiently addressed through legal change alone. While there are strong reasons to support some form of change in the law, a more foundational change in values is necessary if we want to live in a more ethical society that is truly capable of welcoming disabled children. (shrink)

Several developments in the measurement of justice have drawn on Amartya Sen’s work on capabilities. This article addresses the relationship between Sen’s theoretical work and its interpretation in the measurement of justice, in particular by the United Nations Development Project and by the British Equality and Human Rights Commission and Government Equalities Office in its Equality Measurement Framework. It starts with a review of the diverse interpretations of Sen’s work, which range from considering it to be an (...) innovative radical development to locating his work within the liberal tradition. Central to the article is the question of whether it is possible to develop a meaningful operationalization of Sen’s philosophical distinctions, in particular that between capabilities and functionings, so as to inform measurement frameworks. It finds that on both conceptual and methodological grounds it is not possible to sustain this distinction in practice. This is illustrated by an analysis of the changing measurement of justice in frameworks developed by the UNDP and the UK government. Changes in the content of the measurement frameworks in radical or neoliberal directions are not constrained by Sen’s theoretical analysis, despite claims that Sen’s work informs these frameworks. The openness of Sen’s work means that it can be used by forces generated by the neoliberal environment to support their redefinition of justice. (shrink)

This article will review reasons why it is argued that the law on abortion on the grounds of disability is discriminatory, as well as recent unsuccessful attempts to address this discrimination in the law. These attempts include ones which would have moderately restricted access to abortion in certain limited cases, and another that might have opened to door to a number of different possibilities, including both to options that could have restricted access to abortion, and to other options that might (...) have increased access. Finally, this article will also examine reasons why some of the most important challenges surrounding disability equality cannot be sufficiently addressed through legal change alone. While there are strong reasons to support some form of change in the law, a more foundational change in values is necessary if we want to live in a more ethical society that is truly capable of welcoming disabled children. (shrink)

The traditional paradigm of equality combines a focus on the goals of democratic institutions with the equality of resources position. The goal of distributive justice in this picture is to put citizens on equal footing in mutually accountable relationships by ensuring each has access to the kinds of things that serve as all-purpose means for pursuing their interests, like money. This approach, with its overt focus on providing citizens all-purpose means, however, pays insufficient attention to our neuro-psychological differences. (...) In many ways, the capabilities approach to equality is designed to incorporate issues of diversity, including neurodiversity. The capabilities approach gives issues of diversity a pride of place by starting from the fact of individual’s variable capability to develop a sense of the good or use resources. For the capabilities approach, however, the question of limits looms large. In what sense can we attain equality on a functioning approach when the fact of neurodiversity highlights a wide range of neurological difference, both in kind and degree? How many resources can justly be spent on the project? I suggest the best current approach to equality brings together elements from the capabilities framework, which better accounts for what to equalize in light of neurodiversity, and an institutional framework more readily aligned with the traditional paradigm, which provides a more principled basis for establishing limits on the demands of justice. (shrink)

This chapter contains sections titled: Introduction I Education, Capability and Equal Participation in Society II Capability Equality in Education: Elements of a Fundamental Educational Entitlement III Elements of a Fundamental Educational Entitlement for Students with Disabilities and Special Educational Needs IV Towards a Principled Framework for a Just Distribution of Educational Resources to Students with Disabilities and Special Educational Needs Notes References.

Capability theory improves our understanding of well being because it takes account of the “conversion” problem: income/wealth/commodities. need to be made effectively available to really increase well being. However, just as IWCs need to be converted into functionings in order to be effective in bringing additional possibilities to a person, our institutions, abilities and environments need to be converted as well to allow them to be used effectively in the same pursuit. Freedom of the press and speech, education and certainly (...) economic independence as well as the democratic political processes themselves are as inert as IWCs without some additional conversion to enable them to do what we have set them up to do. The moniker “conversion factor” is the name of the problem rather than the source of a solution. This paper will explore the possibility that the needed theoretical addition to capability theory might be found by understanding how the elements of the capabilities equation change over time. Using education as an example of a conversion factor, the paper will explore how an addition to the theory might help create effective policy alternatives. (shrink)

In this volume, leading scholars present new and original essays to address controversies raised regarding the focus, structure and justification of the capabilities approach to equality.

The ideal of educational equality is fundamentally grounded in the egalitarian principle that social and institutional arrangements should be designed to give equal consideration to all. However, beyond this broad stipulation, the precise content of the ideal of educational equality is more difficult to determine. In this article, I aim to contribute to the debate on equality in education by dealing with the current, contentious issue of provision for students with disabilities and special educational needs. Thus, the (...) paper addresses the question of what constitutes a just provision for these students, and it provides an answer in terms of the capability approach, as developed by Amartya Sen and Martha Nussbaum. (shrink)

Amartya Sen is a renowned economist who has also made important contributions to philosophical thinking about distributive justice. These contributions tend to take the form of criticism of inadequate positions and insistence on making distinctions that will promote clear thinking about the topic. Sen is not shy about making substantive normative claims, but thus far he has avoided commitment to a theory of justice, in the sense of a set of principles that specifies what facts are relevant for policy choice (...) and determines, given a full characterization of any situation in terms of these relevant facts, what ought to be done in that situation. Moreover, Sen has expressed skepticism about the existence of a fully adequate theory in this sense. According to Sen there is a plurality of moral considerations that bear on choice of action and policy and no particular reason to think that weights can be attached nonarbitrarily to each consideration to yield a theory.1 “Sen’s proposal is that distributive justice entails equalizing midfare levels across persons,” writes John Roemer.2 “Other things being equal,” one has to add by way of correction to Roemer’s formulation. Sen holds that we should be concerned with the extent of people’s capability or freedom to attain midfare as well as the midfare level actually reached. Sen holds that distributive values.. (shrink)

Although the concept of equal opportunity has received scant attention from theological ethics, it attracts widespread approval in the U.S. popular culture and has been examined extensively by contemporary moral philosophy. Amartya Sen's conception of capabilities as "freedom" or "real opportunity" corrects deficiencies in both popular and philosophical conceptions of equal opportunity that ignore interpersonal variations in mental, physical, and psychological abilities beyond agents' control. Recent theologically informed conceptions of love and common grace affirm and revise Sen's conception of (...) equal capability as equal opportunity. The resulting understanding of equal opportunity is quite different from some uses of this concept and could be an important criterion for a just society. (shrink)

Martha Nussbaum has argued for the superiority of her capabilities approach over the language of human rights. In this article it is argued that the capabilities approach is incapable of justifying something crucially important expressed in international human rights law: the requirement that every government treat all people as having equal status. Nussbaum has recently grappled with the role of equality within her approach, but has failed to offer a satisfactory explanation of its importance. The reason is (...) that the value and importance of equal status cannot be fully articulated in the language of capabilities alone. While most philosophical conceptions of human rights also fail to incorporate the importance of equal respect, the limitations of the capability approach are more serious. For the purposes of specifying the duties of governments, capabilities are not the only things that matter. (shrink)

This chapter contains sections titled: The Enlightenment and Its Antecedents Equal Rights and American Constitutional Law Liberty and Equality under the Constitution The Radical Critique and the Radical Dilemma Rawls Dworkin Equality of Capabilities Equality Unmodified or Spheres of Justice Is Equality a Value? References.

The capability approach of Martha Nussbaum and Amartya Sen places human capabilities at the centre stage of discussions about justice, equality, development and the quality of life. It rejects too much emphasis on mere preference satisfaction or resource provision and highlights the importance of human agency and freedom. This approach has already significantly influenced different fields of application, such as economics and development studies. Only recently have scholars started to explore its relevance for and application to the area (...) of technology and design, which can be crucial factors in the expansion of human capabilities. How does technology influence human capabilities? What difference could a capability approach make to policies and practices of applying ICT in development processes in the South? How can we criticize and improve the design of technology from the perspective of the capability approach? The authors of this volume explore the implications of the capability approach for technology & design and together create the first volume on this emerging topic. (shrink)

Focusing on the debate between resource egalitarians and capability theorists, with particular attention to gender equality, this article rejects the prevailing assumption that the ‘capability approach’ to equality, as outlined by Amartya Sen, is better able to respond to important empirically identifiable inequalities than its resource egalitarian alternative, as developed by Ronald Dworkin. Developing and expanding upon the often overlooked Dworkinian ‘principle of independence’, the article contends that resource egalitarianism is capable of identifying and responding to a complex (...) set of structural inequalities that remain outside the purview of the capability approach. Key Words: capability approach • Dworkin • egalitarianism • equality • gender inequalities • Sen. (shrink)

The Equal Society collects fourteen new scholarly essays by established and emerging researchers, addressing political, legal, and ethical aspects of equality, and providing fresh perspectives on topics such as relational equality, epistemic injustice, the capabilities approach, African ethics, gender equality, and philosophy of race.

Amartya Sen and Martha Nussbaum advocate that a person’s quality of life and equal standing in society should be evaluated in terms of capabilities rather than utility, income or resources.In this article, I critically examine the concept of the person that underpins the capability approach. I argue that the ideal of equality of capability articulates a ‘non-utilitarian’ and ‘non-liberal’ view of the self.

Amartya Sen is a renowned economist who has also made important contributions to philosophical thinking about distributive justice. These contributions tend to take the form of criticism of inadequate positions and insistence on making distinctions that will promote clear thinking about the topic. Sen is not shy about making substantive normative claims, but thus far he has avoided commitment to a theory of justice, in the sense of a set of principles that specifies what facts are relevant for policy choice (...) and determines, given a full characterization of any situation in terms of these relevant facts, what ought to be done in that situation. Moreover, Sen has expressed skepticism about the existence of a fully adequate theory in this sense. According to Sen there is a plurality of moral considerations that bear on choice of action and policy and no particular reason to think that weights can be attached nonarbitrarily to each consideration to yield a theory. (shrink)

Severe poverty is a major global problem about risk and inequality. What, if any, is the relationship between equality, fairness and responsibility in an unequal world? I argue for four conclusions. The first is the moral urgency of severe poverty. We have too many global neighbours that exist in a state of emergency and whose suffering is intolerable. The second is that severe poverty is a problem concerning global injustice that is relevant, but not restricted, to questions about responsibility. (...) If none were responsible, this does not eliminate all compelling claims to provide assistance. The third is that severe poverty represents an inequality too far; it is a condition of extremity with denial of basic needs. The fourth is that there is a need for an approach that captures all relevant cases – and the capabilities approach and the connection theory of remedial responsibilities are highlighted as having special promise. (shrink)

Proponents of the capabilities approach claim that it should be used to give guidance for the implementation of good constitutional laws. This suggests that it also gives us grounds to support attempts to create or protect constitutions based on something like the capabilities approach. The Turkish Republic claims that in order to protect secularism and the equal status of women, it needs to keep certain Islamic practices away from the public domain. The wearing of the headscarf has been (...) singled out as such a practice, and the Turkish Republic has therefore legislated against headscarf wearing in schools, universities, and government buildings. In consequence many women are forced to choose between religion over education and politics in a way that curtails central human capabilities. Nussbaum claims that the best way to help states resolve the dilemma presented by the conflict between religious choice and other central capabilities is to refer to principles embodied in to the US Religious Freedom Restoration Act 1993, which states that a law can burden a person's exercise of religion only when the burden is a furtherance of a compelling state interest. In this paper I consider how this advice partly vindicates the Turkish case and how the solution it yields is in many ways more satisfactory than that of more traditional approaches in political philosophy. (shrink)

Contemporary political theories have made significant progress toward identifying the principles for an egalitarian society. From this perspective, Edward Bellamy's radical and pluralistic egalitarianism can be read not only as a relevant precedent but as a source of sophisticated arguments capable of enriching current debates. Although unfairly overlooked as theoretical works, Bellamy's utopias can be read today as offering insights that bring together and combine key modern ideals of liberty, equality, and fraternity. Therefore, this article argues that Bellamy's conception (...) of equality involves several dimensions and functions as a background condition for effective freedoms; that these liberties are not at odds with voluntary equality; and that fraternity—understood in Rawlsian terms—makes sense in a free and equal soci- ety, as it is guaranteed both by institutional means and by personal decisions. (shrink)

This chapter contains sections titled: 1. Frontiers of Justice and the Challenge of Disability 2. The General Approach of Frontiers of Justice 3. Equality and Adequacy 4. Social and Economic Entitlements 5. Equality in Education 6. Equality in Political Entitlements Acknowledgments References.

This chapter contains sections titled: Postscript: Exchange with Peter Singer References.

Justice for children and during childhood and the particular political, social and moral status of children has long been a neglected issue in ethics, and in social and political philosophy. The application of general, adult-oriented theories of justice to children can be regarded as particularly problematic. Philosophers have only recently begun to explore what it means to consider children as equals, what goods are especially valuable to them, and what are the obligations of justice different agents have toward children. In (...) addition, while philosophers have extensively written about global poverty and inequality, the issue of disadvantages during childhood, especially child poverty, has only been superficially addressed. This also applies to the Capability Approach (CA) as a normative theory. Although the socio-scientific and economic literature on how to conceptualize capabilities and functionings of children and how to measure them in the context of poverty and wellbeing is steadily growing, the normative aspects of these issues are still under-theorized. The CA offers a unique framework to engage with both the topic of justice for children and questions concerning what justice implies and demands with regard to children living and growing up in disadvantaged circumstances. Furthermore, justice and disadvantage during childhood is a compellingly interdisciplinary topic that invites the combination of ethical and philosophical reasoning together with socio-scientific theories and empirical knowledge. In this special issue of Ethical Perspectives we bring together theoretical and empirically informed discussions that explore the CA in relation to children and the many disadvantages they can face in their lives. (shrink)

While there is much common ground between the writings of Amartya Sen and John Stuart Mill – particularly in their advocacy of freedom and gender equality – one is a critic, while the other is an advocate, of utilitarianism. In spite of this contrast, there are strong echoes of Sen's capability approach in Mill's writings. Inasmuch as Mill sees the capability to be happy as important he holds a form of capability approach. He also thinks of happiness as constituted (...) by the exercise of certain capabilities (including the higher faculties). Furthermore, Mill addresses the possibility that people can adapt to limited opportunity, which is central to Sen's critique of some ‘utility’-based views. By contrasting contentment and happiness Mill suggests one way in which a utilitarian might address cases of adaptation. His discussions of capabilities and of adaptation are consistent with his utilitarianism. (Published Online February 16 2006). (shrink)

Equal respect for persons is often appealed to as the grounding principle of democratic rule. I argue here that if it needs to account for the specific content of democratic political rights, it must be understood as respect for people as competent political decision-makers. However, the claim that respect is due to people as a response to their actual equal competence leads to a conflation of democratic legitimacy and substantive justice, resting on implausible factual assumptions and making it impossible to (...) advocate the effective equalization of political capabilities. Therefore, I suggest that the principle of equal respect should be decoupled from such a claim and be rephrased as simply prescribing that people be treated or publicly recognized as equally competent. I defend this interpretation against the publicity objection, according to which this take on the principle implies insincerity and therefore cannot serve as a public justification for democratic authority. (shrink)

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. (shrink)

This essay is a reply to Martha Nussbaum's “Capabilities and Disabilities.” It endorses Nussbaum's critique of the social‐contract tradition and proposes that it might be productively contrasted with Michael Walzer's critique of John Rawls in Spheres of Justice. It notes that Nussbaum's emphasis on surrogacy and guardianship with regard to people with severe and profound cognitive disabilities poses a challenge to disability studies, insofar as the field tends to emphasize the self‐representation of people with disabilities and to concentrate primarily (...) on the aesthetic and political representation of physical disability. The essay concludes with an account of a recent exchange with Peter Singer on the question of our social expectations of people with Down syndrome. (shrink)

This article explores the debate on the equality of men and women in early modern Europe. It suggests that both scepticism and Cartesianism provided new arguments to establish the equal capabilities and entitlements of women and men. In this debate, traditional metaphysics was seen once again to support prejudices rather than evidence-based arguments. This article describes some of the most prominent feminist works during this period, including those of Anne Thérèse de Lambert, Gabrielle Suchon, François Poullain De La (...) Barre, and Marie De Gournay. (shrink)

Marxism as a normative position is critical of liberalism. However, the problems of justice and alienation that Marxism draws attention to can be solved by liberalism without the implementation of a Marxist political project. The purpose of the article is to substantiate the thesis that Martha Nussbaum's capabilities approach (one of the versions of political liberalism) is a more inclusive and rational method of theorizing about the basic principles of justice than Marxism. By analyzing Elizabeth Anderson's theory of liberal (...) egalitarianism "democratic equality", I show that some of Marxist approaches that (1) do not deny the existence of justice and (2) are concerned with the problem of alienation, can apply the arsenal of the moral theory of political liberalism to solve these problems. I also criticize Rawls's and Nussbaum's theories of political liberalism for their procedural vagueness and non-inclusive theory of justice. I present an outline of my position, which I propose to call «extended political liberalism» (hereafter EPL). EPL is currently represented by two arguments: 1) the paideia argument and 2) the argument of the interdependence of the good and the right. The first allows talking about the actual implementation of basic rights and freedoms only when citizens are aware of them and have the opportunity to change their views regarding the personal conception of the good. This is impossible without qualitative basic education. Also, one of the central concepts of EPL is presented within the framework of Paideia's argument - the interpretation of the political conception of justice. Because of this concept, it makes sense to talk about the possibility of citizens' reflection on the reconciliation of the current political conception with the personal conception of the good. This can also be done through the analysis of other conceptions of the good. The second argument is a continuation of the first, appearing as a theoretical mechanism that allows supplementing the existing political conception in case of serious social changes. In conclusion, if we take into account the advantages of the capabilities approach and my criticism of its weaknesses, then a theoretical position will emerge that is quite acceptable to some representatives of Marxism. Moreover, the latter will not have to give up their basic beliefs. The peculiarity of my concept presented in this text is that it is not so much a critique of Marxism as an analysis of the basic normative judgments of political liberalism, with which some Marxists can agree. With this article, I also want to illustrate the strengths of such a concept and point to its prospects for further attempts to interpret the political conception by other normative positions. (shrink)

This paper addresses the problem of how to make 'democratic' elements in Aristotle's political philosophy compatible with his aristocratic framework for distributing political authority. To this end, it is argued that in Aristotle's framework, the idea of aristocratic governance is justified, because it contributes most greatly to the achievement of the well-being of people in a city , or the common benefit of a wide range of free individuals , and that Aristotle's argument for the wisdom of the multitude is (...) actually not democratic, but rather aristocratic to the extent that he proposes integrating the multitude into the deliberative and judicial processes by identifying their 'virtuous character' as a group, not by offering an idea that human beings are created equal. The paper also offers a more constructive criticism of Nussbaum's capabilities approach by arguing that Aristotle's aristocratic idea of distributive justice provides more useful insights into the problem of popular participation than Nussbaum's emphasis on people's capacity for choosing their own way of life. (shrink)

This paper addresses the problem of how to make ‘democratic’ elements in Aristotle’s political philosophy compatible with his aristocratic framework for distributing political authority. To this end, it is argued that in Aristotle’s framework, the idea of aristocratic governance is justified, because it contributes most greatly to the achievement of the well-being of people in a city, or the common benefit of a wide range of free individuals, and that Aristotle’s argument for the wisdom of the multitude is actually not (...) democratic, but rather aristocratic to the extent that he proposes integrating the multitude into the deliberative and judicial processes by identifying their ‘virtuous character’ as a group, not by offering an idea that human beings are created equal. The paper also offers a more constructive criticism of Nussbaum’s capabilities approach by arguing that Aristotle’s aristocratic idea of distributive justice provides more useful insights into the problem of popular participation than Nussbaum’s emphasis on people’s capacity for choosing their own way of life. (shrink)

I argue for a conception of health as a person's ability to achieve or exercise a cluster of basic human activities. These basic activities are in turn specified through free-standing ethical reasoning about what constitutes a minimal conception of a human life with equal human dignity in the modern world. I arrive at this conception of health by closely following and modifying Lennart Nordenfelt's theory of health which presents health as the ability to achieve vital goals. Despite its strengths I (...) transform Nordenfelt's argument in order to overcome three significant drawbacks. Nordenfelt makes vital goals relative to each community or context and significantly reflective of personal preferences. By doing so, Nordenfelt's conception of health faces problems with both socially relative concepts of health and subjectively defined wellbeing. Moreover, Nordenfelt does not ever explicitly specify a set of vital goals. The theory of health advanced here replaces Nordenfelt's (seemingly) empty set of preferences and society-relative vital goals with a human species-wide conception of basic vital goals, or ‘central human capabilities and functionings’. These central human capabilities come out of the capabilities approach (CA) now familiar in political philosophy and economics, and particularly reflect the work of Martha Nussbaum. As a result, the health of an individual should be understood as the ability to achieve a basic cluster of beings and doings—or having the overarching capability, a meta-capability, to achieve a set of central or vital inter-related capabilities and functionings. (shrink)

In discussions about justice, development, well-being and equality, the capability approach (CA)Footnote1 founded by economist Amartya Sen and philosopher Martha Nussbaum attaches central importance to individual human capabilities. These are the effective freedoms or real opportunities of people to achieve valuable ‘beings and doings’ (also called ‘functionings’ by capability theorists). Resources—including technical artifacts—may contribute to the expansion of one’s capabilities, but there may also be all sorts of ‘conversion factors’ in place that prevent this. The approach highlights (...) the ‘multidimensionality’ of well-being and sees people as active agents shaping their own lives. In 1998 Sen won the Nobel Prize in economics for his work, which has deeply influenced the United Nations Development Program (UNDP). In the field of development studies the CA has indeed gained popularity, but this is not the only area of application. (shrink)

Although the effectiveness of some tobacco programs and policies has been clearly demonstrated in reducing the overall population smoking prevalence, the health benefits are not equally distributed across all socio-economic classes; a situation that clearly runs against the equalitarian ethos of most modern states. In this article, we evaluate the benefits of using Sen’s Capability Approach as a theory of social justice to guide public health program and policy development in a way that would prevent the further increase of inequalities (...) in health outcomes. Starting from four consensual goals of tobacco control practice (i.e. that individuals live a smoke-free life, that smokers quit smoking, that non-smokers are protected from exposure to second-hand smoke and that smoking cessation support is accessible) we found that besides the standard interventions (e.g. education on the harms of smoking, policies to reduce exposure to SHS) an iniquity-proof tobacco control program needs also to address the lack of options of underprivileged people in affordable smoke-free settings and in leisure activities. We conclude that an ethical tobacco prevention program needs to address the broader social determinants of health such as the socio-economic policies that put a strain on people’s capacity to shun or quit smoking. (shrink)

Based on a close reading of the debate between Rawls and Sen on primary goods versus capabilities, I argue that liberal theory cannot adequately respond to Sen’s critique within a conventionally neutralist framework. In support of the capability approach, I explain why and how it defends a more robust conception of opportunity and freedom, along with public debate on substantive questions about well-being and the good life. My aims are: to show that Sen’s capability approach is at odds with (...) Rawls’s political liberal version of neutrality; to carve out a third space in the neutrality debate; and to begin to develop, from Sen’s approach, the idea of public value liberalism as a position that falls within that third space.En me basant sur une lecture attentive du débat entre Rawls et Sen sur les biens premiers versus les capabilités, je soutiendrai que la théorie libérale est incapable, dans un cadre neutraliste conventionnel, de répondre adéquatement à des injustices dans le domaine de la santé. À partir de l’approche des capabilités, j’explique pourquoi et comment cette approche permet de défendre une conception plus robuste de l’opportunité et de la liberté, de même qu’un débat public sur des questions substantielles concernant le bien-être et la vie bonne. Mes objectifs sont : de clarifier le rapport entre le neutralisme de Rawls et sa défense des biens premiers,, de démontrer les implications de la critique des capabilités de Sen, et, d’esquisser une troisième position dans le débat sur la neutralité versus le perfectionnisme – à savoir, celle d’un perfectionnisme motivé par des considérations de légitimité. (shrink)

The capability approach to distributive justice, as defended by Amartya Sen and Martha Nussbaum, represents perhaps the most influential recent attempt to reconcile the competing demands of liberty and equality. Specifically, capability theorists have claimed that their insistence on the universal cultivation of a set of capabilities for basic human "functionings" is fully consistent with a liberal neutrality commitment. Their reason is that these capabilities are, like Rawls's primary goods, rational to want "whatever else one wants." This (...) article suggests, in contrast, that the capability approach fails to satisfy the neutrality requirement endorsed by both Sen and Nussbaum. It further suggests that the non-neutral character of the approach reflects its Rawlsian lineage, and raises serious doubts about the coherence of Rawls's account of primary goods. (shrink)

The idea of personalized nutrition is to give tailored dietary advice based on personal health-related data, i.e. phenotoype, genotype, or lifestyle. PN may be seen as part of a general trend towards personalised health care and currently various types of business models are already offering such services in the market. This paper explores ethical issues of PN by examining how PN services within the contextual environment of four future scenarios about health and nutrition in Europe might affect aspects of social (...) justice according to Martha Nussbaum’s capability approach. The scenarios have been created by a mixed group of stakeholders and experts in three consecutive workshops. This resulted in the definition of four future scenarios within a scenario space consisting of two variables: the ‘logic of health care systems’ and ‘conception of health’. Within each scenario, PN is likely to play a more or less important role in improving health by influencing food consumption patterns in society. Nussbaum’s capability approach implies a concept of social justice as a function of a minimum standard of human dignity. This denotes an account for equality in terms of a minimum of entitlements. However, also the ability of achieving individual objectives is essential for social justice. Personalisation advice in health and food consumption patterns, as aimed for by PN, is therefore acceptable provided a minimum of entitlements is guaranteed to all members of a society, and at the same time freedom concerning personal preferences is respected. Potential variation of how different people might benefit from PN should therefore be consistent with the minimum required as defined by the list of capabilities. (shrink)

This article is an attempt to evaluate the Oregon plan from the perspective of a Scandinavian national health care system. The Nordic welfare states are marked by a strong emphasis on equality. As an example of an egalitarian system we present the Norwegian health care model in part one. In part two, the arguments in favor of a one tier system in Norway are presented and compared to Oregon's two tier system. Although we argue, in part three, that a (...) comparison of the degree of explicitness in the prioritization process shows that Norway has much to learn from Oregon, we do believe that the Norwegian system has some attractive elements that may function as an important corrective. In part four we present the Norwegian Guidelines for priority-setting and discuss the weight assigned to the severity of disease criterion. It is argued that the exclusion of information about the severity of disease partly explains the counterintuitive ranking of treatment-condition pairs in Oregon's initial method based on the principle of health maximization. A normative analysis of the conflicting norms of efficiency and equality of results is called for. The final part of the paper is devoted to the problem of rigidity. Henry J. Aaron has argued that the Oregon system is insensitive to inter-individual variations within each diagnosis-treatment pair. This objection is a severe one, since the system might end up treating patients unfairly on the individual level. To overcome this problem, we suggest a selection rule that should be more capable of dealing with the problem of rigidity. (shrink)

Developing World Bioethics, Volume 22, Issue 3, Page 170-178, September 2022.