The capability approach constitutes a significant contribution to social theory but its potential is diminished by its insufficient treatment of the social construction of meaning. Social meanings enable people to make value judgements about what they will do and be, and also to evaluate how satisfied they are about what they are able to achieve. From this viewpoint, a person’s state of wellbeing must be understood as being socially and psychologically co-constituted in specific social and cultural contexts. In this (...) light, the telos of ‘living well’ which is at the heart of Sen’s version of the capability approach is inadequate and must be modified to a telos of ‘living well together’ which includes consideration of the social structures and institutions which enable people to pursue individual freedoms in relation to others. The policy significance of the capability approach can be further strengthened by paying greater consideration to the political economy of policy decision-making processes and the ways in which conflicts and distributions of power are institutionalized. (shrink)

The capability approach developed by Nobel Laureate Amartya Sen has become an important new paradigm in thinking about development. However, despite its theoretical and philosophical attractiveness, it has been less easy to measure or to translate into policy. This volume addresses these issues in the context of poverty and justice. Part I offers a set of conceptual essays that debate the strength of the often misunderstood individual focus of the capability approach. Part II investigates the techniques by which (...) we can measure and compare capabilities, and how we can integrate them into poverty comparisons and policy advice. Finally, Part III looks at how we can apply the capability approach to different regions and contexts. Written by a team of international scholars, The Capability Approach is a valuable resource for researchers and graduate students concerned with the debate over the value of the capability approach and its potential applications. (shrink)

The capabilities approach of Amartya Sen and Martha Nussbaum has become an influential viewpoint for addressing issues of social justice and human de- velopment. It has not yet, however, given adequate theoretical consideration to the requirements of environmental sustainability. Sen has focussed on the instrumental importance of human development for achieving sustainability, but has failed to consider the limits of this account, especially with respect to consumption-reduction. Nussbaum has criticised constraining material consumption for its paternalistic prescription of one (...) particular conception of the good life, without considering it as an imperative of justice. We discuss two possible extensions of the capabilities approach. First, the concept of ca- pability ceilings contains several attractive elements, but it also suffers from some shortcomings. Therefore, second, we advocate constraining people’s combinations of functionings in accordance with a personal budget which con- sists of a fair share of environmental resources. (shrink)

Capability theorists have suggested different, sometimes incompatible, ways in which their approach takes account of the value of freedom, each of which implies a different kind of normative relation between functionings and capabilities. This paper examines three possible accounts of the normative relation between functionings and capabilities, and the implications of each of these accounts in terms of degrees of paternalism. The way in which capability theorists apparently oscillate between these different accounts is shown to rest on (...) an apparent tension between anti-paternalism and anti-fetishism. The paper then advances a fourth account, which incorporates a concern with the content-independent or ‘non-specific’ value of freedom. Only the fourth account would remove all traces of paternalism from the capability approach. Whatever reasons advocates of the capability approach might have had for rejecting this fourth account, those reasons are not internal to the capability approach itself. (shrink)

This paper provides a critical exploration of the capability approach to human rights (CAHR) with the specific aim of developing its potential for achieving a synthesis between “humanist” or “naturalistic” and “political” or “practical” perspectives in the philosophy of human rights. Section II presents a general strategy for achieving such a synthesis. Section III provides an articulation of the key insights of CAHR (its focus on actual realizations given diverse circumstances, its pluralism of grounds, its emphasis on freedom of (...) choice, its demand for public reasoning, its context-sensitive universalism, and its broad view of obligations). These insights go some way toward the achievement of the desired synthesis. But, as explained in IV.1, in its current form CAHR faces two serious objections by the defenders of the political perspective: the Gap Between Capabilities-Interests and Rights Objection and the Disconnect From Practice Objection. Answering these criticisms requires some amendments to CAHR. Section IV.2 suggests a response to the first objection based on the introduction of a contractualist framework of justification. Sections IV.3 and IV.4 tackle the second objection by introducing a re-characterization of the cosmopolitan standard underlying the humanist perspective and by identifying the differences and relations between various dimensions of a conception of human rights and their significance for actual political practice. The paper illustrates the practical implications of CAHR, in its modified form, for the pursuit of some important rights. (shrink)

According to Martha Nussbaum’s capabilities approach (CA) to justice, a (liberal) society is just if it provides people with the means to actualize basic capabilities that are necessary for a dignified human life. In Frontiers of Justice, Nussbaum (2006) expands the CA to include sentient nonhuman animals in the sphere of justice (as opposed, for instance, to the sphere of compassion). As it does for humans, justice requires that sentient creatures have the ability to access capabilities (...) necessary for their flourishing, as specified by a ‘species norm’ dictating the central capabilities typical to an animal’s kind. Although Nussbaum (2006) does not extend the CA beyond sentient creatures, I will argue .. (shrink)

Soofi makes a persuasive case that a modified version of Nussbaum’s capabilities approach can be used to develop effective care guidelines for persons with dementia. 1 I agree with Soofi that, so elaborated, the capabilities approach can avoid the four problems that are typically taken to beset dignitarian theories—redundancy, exclusion, speciesism and vagueness. Moreover, I do not seek to challenge the utility of the care guidelines Soofi derives from the capabilities approach—they are clear, practicable (...) and appropriately wide-ranging. I do, however, challenge the idea that this framework would be sufficient to protect the dignity of those with dementia. To see the gap that remains to be filled, we need to unpack what Soofi’s approach can say about the wrong of degrading treatment. In the context of explaining the need to differentiate respect for dignity from respect for autonomy, Soofi notes that ‘abusive, degrading or insulting forms of caregiving... (shrink)

The importance of developmental agendas -- A capability framework for development goals -- A Republican account of local authority in development -- Third wave development expertise -- Selecting capabilities for a development agenda -- Methods for the selection of capabilities and functionings -- An inclusive framework for setting development agendas.

Sen and Nussbaum's capability approach has in the past twenty years become an increasingly popular and influential approach to issues in global justice. Its main tenet is that when assessing quality of life or asking what kind of policies will be more conducive to human development, we should look not to resources or preference satisfaction, but to what people are able to be and to do. This should then be measured against a more or less narrow conception of (...) what any human being should be able to be and do, i.e. which functions are essentially human. To have a capability is to be able to function in that way. Thomas Pogge has recently argued that despite its many attractions, the capability approach did not present a sufficiently strong challenge to Rawlsian resourcism. In this paper, I address Pogge's criticisms of the capability approach, and I argue that from the point of view of Nussbaum's Aristotelian version of the approach, his objections are not successful. (shrink)

I begin by discussing forms of cosmopolitanism that motivate challenges to distributive accounts of global justice. I then use Sen's version of the capabilities approach to show how distributive accounts fall short, why an overarching theory of justice is not needed, and that democracy understood as the exercise of public reasoning can do the work of identifying and addressing injustices. That said in favor of Sen, I argue that his account fails to attend to the kinds of injustices (...) emerging from relationships of power and the institutions and structures in which these relationships are embedded. To show this, I outline features of a feminist relational approach, which I then apply to Canada's attempt to address historic harms through the Indian Residential Schools Truth and Reconciliation Commission. While I agree with Sen that we do not need a theory of global justice that is universal, ideal, impartial, or abstracted from context, I aim to broaden the scope of justice beyond both distributive accounts and Sen's version of the capabilities approach. (shrink)

John Rawls argues that A Theory of Justice suffers from a “serious problem”: the problem of political stability. His theory failed to account for the reality that citizens are deeply divided by reasonable and incompatible religious, philosophical, and moral comprehensive doctrines. This fact of reasonable pluralism may pose a threat to political stability over time and requires a solution. Rawls proposes the idea of an overlapping consensus among incompatible comprehensive doctrines through the use of public reasons in his later Political (...) Liberalism. -/- Rawls’s proposed solution to the problem of political stability has received much criticism. Some, such as Kurt Baier, Brian Barry, George Klosko, and Edward McClennen, argue that an overlapping consensus is relatively unnecessary. Rawls should have acknowledged existing resources in his account that might secure political stability over time without major changes to his original views about justice. Others, including Kent Greenawalt, Michael Sandel, Leif Wenar, and Iris Marion Young believe that an overlapping consensus is too fragile to secure political stability. Rawls correctly identifies a major problem for his original account, but he fails to provide a satisfactory solution. -/- I believe these objections rest on a mistake easily overlooked. Each objection claims that, for Rawls, the possibility of future political stability is to be guaranteed by an overlapping consensus alone. This perspective fails to recognize the central importance of the social minimum in securing political stability. There is, in fact, more resources to secure political stability than Rawls or his critics have recognized. -/- My discussion will begin with a brief explanation of why the problem of political stability raises an important challenge to Rawls’s views on justice and why he argues for an overlapping consensus as a solution to it. I will next consider the more important objections to Rawls’s solution and why these fail. I will argue that the social minimum might better support political stability if it is broadly understood in terms of the capabilities approach. This approach is compatible with Rawls’s political liberalism and it provides a more robust understanding of a just social minimum. Political stability does not rely upon an overlapping consensus alone — and it may be better secured where the capabilities approach plays a more central role. Therefore, Rawls does provide a illuminating solution to the problem of political stability that is more compelling if we incorporate the capabilities approach into political liberalism. (shrink)

In this major book Martha Nussbaum, one of the most innovative and influential philosophical voices of our time, proposes a kind of feminism that is genuinely international, argues for an ethical underpinning to all thought about development planning and public policy, and dramatically moves beyond the abstractions of economists and philosophers to embed thought about justice in the concrete reality of the struggles of poor women. Nussbaum argues that international political and economic thought must be sensitive to gender difference as (...) a problem of justice, and that feminist thought must begin to focus on the problems of women in the third world. Taking as her point of departure the predicament of poor women in India, she shows how philosophy should undergird basic constitutional principles that should be respected and implemented by all governments, and used as a comparative measure of quality of life across nations. (shrink)

ABSTRACTThis essay brings Martha Nussbaum's politically liberal version of the Capabilities Approach to human development into critical dialogue with the Catholic Social Tradition. Like CST, Nussbaum's focus on embodiment, dependence and dignity entails a social use of property which privileges marginalized people, and both theories explain the underdevelopment of central human capabilities in social rather than exclusively material terms. Whereas CST is metaphysically and theologically ‘thick', however, CA is ‘thin’: its proponents positively eschew metaphysical commitments, believing a (...) commitment to quasi-Rawlsian ‘overlapping consensus' is more consistent with political liberalism. This creates two tensions between CA and CST. The first is that CST understands the internal virtues of essentially social practices to be inseparable from their concrete instantiation in actual communities, while CA sometimes describes these virtues as political entitlements which can be supported independently o... (shrink)

En este artículo se estudia el enfoque de las capacidades de Martha Nussbaum como un intento de fundamentar la inclusión de los anima les no humanos dentro de la dimensión cívica de los derechos. En esta perspectiva se pretende establecer ciertos «deberes directos de justicia» para los seres sentientes, poseedores de cierta complejidad, que el Estado debe cautelar y procurar como un mínimo exigido. Tras analizar esta propuesta, se desarrollan algunas de las críticas originadas por la «ética animal» defendida por (...) Nussbaum, entre las que se cuentan las de Donaldson, Kymlicka, Smith, Cortina y Schlosberg. This paper describes the capabilities approach Martha Nussbaum as an attempt to justify the inclusion of non-human animals within the civic rights dimension is studied. In this perspective is to establish certain «direct duties of justice» for sentient beings, possessors of some complexity, that the State must seek precautionary and as a minimum requirement. After analyzing this proposal, they develop some of the criticism caused by the «animal ethics» defended by Nussbaum, among which are counted Donaldson, Kymlicka, Smith, Cortina and Schlosberg. (shrink)

Forty years ago Amartya Sen delivered his Tanner Lecture, 'Equality of What?', in which he introduced to the world a novel approach to the idea of equality by way of the notion of 'basic capability' as 'a morally relevant dimension'. We can now see with hindsight that Sen's argument - that we should focus upon equality of basic capabilities ('a person being able to do certain basic things') - launched what has become an academic armada now proceeding under (...) the flag of 'the capability approach'. While that flag has ventured far and wide and engaged many area of inquiry, this volume of essays is the first to explore how the capability approach (the CA) might shed light upon labour law. Three dimensions of the CA's potential for illuminating labour law are examined. Part I enquires into the nature of the basic relationship between CA and labour law - do they share common ground or disagree about what is important? Can the CA provide a normative 'foundation' for labour law? Part II goes further by examining the relationship of the CA and other well-established perspectives on labour law, including economics, history, critical theory, restorative justice, and human rights. Part III examines the possible relevance of the CA to a range of specific labour law issues, such as freedom of association, age discrimination in the workplace, trade, employment policy, and sweatshop goods. (shrink)

The purpose of this paper is to show an application of variety engineering in the social realm. It focuses on reducing environmental complexity by catalysing self-organizing processes. This catalysis is based on the use of Sen and Nussbaum’s capabilities approach. By doing this an organization may improve the quality of the relations with their clients by transforming environmental agents into new suppliers. This approach opens a new dimension of social responsibility for organizations. A particular case is presented (...) in which a regional university in Colombia faces the challenge of attending low-income students coming from small municipalities. They designed a strategy to offer low-cost housing and a daily balanced meal without using the university's own resources. Instead, they managed to involve some agents of the community by developing their capabilities. This kind of variety engineering shows the possibility of new forms of social responsibility in universities by incorporating the capabilities approach into their managerial practices. This is something that is currently under study in other universities. (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 (...) class='Hi'>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)

The concept of dignity plays a foundational role in the more recent versions of Martha Nussbaum’s capabilities theory. However, despite its centrality to her theory, Nussbaum’s conception of dignity remains under-theorised. In this paper we critically examine the role that dignity plays in Nussbaum’s theory by, first, developing an account of the concept of dignity and introducing a distinction between two types of dignity, status dignity and achievement dignity. Next, drawing on this account, we analyse Nussbaum’s conception of dignity (...) and contrast it with Kant’s conception of dignity. On the basis of this comparison between Nussbaum and Kant, we highlight tensions between Nussbaum’s Aristotelianism, which is central to her conception of dignity, and her commitment to political liberalism. This leads us to conclude that Nussbaum’s claim that her conception of dignity is only a partial political conception is implausible and that her conception of dignity seems to commit her to a satisficing form of perfectionist liberalism. (shrink)

This article asks about the conditions of a sociological operationalization of the capability approach developed by Amartya Sen and Martha Nussbaum. Raising the question of freedom and social opportunities, the capability approach has so far mainly been discussed by economists and philosophers. In order to adopt this approach for a sociological and pragmatist perspective, it engages with methodological and theoretical issues. Whereas capabilities have until now mainly been studied within quantitative frameworks, the author opts for a (...) qualitative method of inquiry that draws on a pragmatist and configurational approach. Such a shift towards qualitative inquiry is a key condition for a better sociological understanding of notions like freedom and opportunities that stand at the core of the capability approach. (shrink)

Over the last two decades, the capabilities approach has become an increasingly influential theory of development. It conceptualises human wellbeing in terms of an individual's ability to achieve functionings we have reason to value. In contrast, the African ethic of ubuntu views human flourishing as the propensity to pursue relations of fellowship with others, such that relationships have fundamental value. These two theoretical perspectives seem to be in tension with each other; while the capabilities approach focuses (...) on individuals as the locus of ethical value, an ubuntu ethic concentrates on the relations between individuals. In this article, we ask: to what extent is the capabilities approach compatible with this African ethical theory? We argue that, on reflection, relations play a much stronger role in the capabilities approach than often assumed. There is good reason to believe that relationality is part of the concept of a capability itself, where such relationality has intrinsic ethical value. This understanding of the ethical centrality of relations grounds new normative perspectives on the capabilities approach, and offers a more comprehensive grasp of the relevance of relationships to empirical enquiry. (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)

The ageing populations of the Western world present a wide range of economic, social, and cultural implications, and given the challenges posed by deteriorating maintenance ratios, the scenario is somewhat worrying. In this paper, I investigate whether Martha C. Nussbaum's capabilities approach could secure dignity for older people in long‐term care, despite the per capita decreases in resources. My key research question asks, ‘What implications does Nussbaum's list of central human capabilities have for practical social care?’ My (...) methodology combines Nussbaum's list with ethnographic data gathered from a Finnish sheltered home for older people. On the basis of this study, it seems that the capabilities approach is a plausible framework for the ethics of care because it highlights differences in the ability to function and thus differences in opportunities to pursue a good life. The ideas presented in this article could assist social policy planners and executives in creating policies and practices that help old people to maintain their dignity until the end of their days. (shrink)

Disability & Justice: The Capabilities Approach in Practice is an interdisciplinary examination of the practical application of the capabilities approach viewed through the lens of the experience of disability. Careful and critical examination of vital foundational concepts is undertaken prior to contextualizing the experience of disability and how we might begin to promote an inclusive society through an application of the capabilities approach.

In this article, I develop a tension in the capabilities approach between committing to political liberalism and ensuring full capability for all persons. In particular, I argue that the capabiliti...

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)

Amartya Sen’s capability approach has become increasingly popular in development studies. This paper identifies controllability and operationalisability as two key stumbling blocks which prevent the capability approach from being used even more widely in development practice. It discusses the origins and application of the Choice Framework, a conceptual tool designed to help operationalise the approach. The framework can be used to deconstruct embedded ideologies and analyse the appropriateness of development goals, to map development as a systemic process, (...) and to plan interventions which can result in increased freedom of choice for people. Three examples of the application of the Choice Framework in the field of information and communication for development (ICT4D) are given. The three technologies which are examined, telecentres (Infocentros), Chilecompra and Fair Tracing, can be placed at different places of a determinism continuum, some reducing the spectrum of choices a user has. The paper argues that while frameworks such as the Choice Framework can be developed further to increase the operationalisability of the capability approach, it is up to development funders to accept the fact that people’s choices are never fully predictable and thus Sen’s ‘development as freedom’ will inevitably be a dynamic and open-ended process. (shrink)

This landmark handbook collects in a single volume the current state of cutting-edge research on the capability approach. It includes a comprehensive introduction to the approach as well as new research from leading scholars in this increasingly influential multi-disciplinary field, including the pioneers of capability research, Martha C. Nussbaum and Amartya Sen. Incorporating both approachable introductory chapters and more in-depth analysis relating to the central philosophical, conceptual and theoretical issues of capability research, this handbook also includes analytical and (...) measurement tools, as well as policy approaches which have emerged in the recent literature. The handbook will be an invaluable resource for students approaching the capability approach for the first time as well as for researchers engaged in advanced research in a wide range of disciplines, including development studies, economics, gender studies, political science and political philosophy. (shrink)

Book Information Women and Human Development: The Capabilities Approach. By Martha C. Nussbaum. Cambridge University Press. Cambridge/New York. 2000. Pp. xxi + 312.

In this paper, we apply the capabilities approach—with the addition of capability ceilings—to energy justice. We argue that, to ensure energy justice, energy policies and scenarios should consider enabling not only minimal capability thresholds but also maximum capability ceilings. It is permissible, perhaps even morally required, to limit the capabilities of those above the threshold if it is necessary for enabling those below the threshold to reach the level required by justice. We make a distinction between tragic (...) and non-tragic conflicts of capabilities: tragic conflicts are instances when one cannot raise an agent’s capabilities above the threshold that justice requires without pushing someone else below the threshold or restricting someone from reaching the threshold. In contrast, a non-tragic choice is when increasing someone above the threshold required by justice does not entail pushing someone else’s capabilities below the threshold. We utilise this framework to discuss energy justice and emissions of greenhouse gases. Drawing on the relation between points on the human development index and levels of energy consumption, we conclude that non-tragic mitigation policies now are highly preferable to tragic policies later. (shrink)

© 2014 South African Journal of Philosophy. This paper argues for the way in which the hermeneutics of human action and the capabilities approach are to be coordinated in judgements regarding the happy life or well-being. To ensure that this hypothesis is not only philosophically plausible but practically reasonable, I apply it throughout to practical examples, namely practices related to the arrangement of space. I argue that judgement regarding happiness or well-being requires two distinct forms of reflection: a (...) hermeneutics that can do justice to the thickness of human living and a thin standard of universal human functional capabilities, by which to point out which insufficient conditions for action undermine human well-being. These two forms of reflection, it will be argued, are theoretically compatible, yet remain-in practice-in tension. Recognition of this tension has to accompany responsible judgement. (shrink)

This first part of this article critiques Sridhar Venkatapuram's conception of health as a capability. It argues that Venkatapuram relies on the problematic concept of dignity, implies that those who are unhealthy lack lives worthy of dignity, sets a low bar for health, appeals to metaphysically problematic thresholds, fails to draw clear connections between appealed-to capabilities and health, and downplays the importance/relevance of health functioning. It concludes by questioning whether justice entitlements should pertain to the capability for health versus (...) health achievements, challenging Venkatapuram's claims about the strength of health entitlements, and demonstrating that the capabilities approach is unnecessary to address social determinants of health. (shrink)

Social factors have a powerful influence on human health and longevity. Yet the social dimensions of health are often obscured in public discussions due to the overwhelming focus in health policy on medical care, individual-level risk factor research, and changing individual behaviours. Likewise, in philosophical approaches to health and social justice, the debates have largely focused on rationing problems in health care and on personal responsibility. However, a range of events over the past two decades such as the study of (...) modern famines, the global experience of HIV/AIDS, the international women’s health movement, and the flourishing of social epidemiological research have drawn attention to the robust relationship between health and broad social arrangements. In Health Justice, Sridhar Venkatapuram takes up the problem of identifying what claims individuals have in regard to their health in modern societies and the globalized world. Recognizing the social bases of health and longevity, Venkatapuram extends the ‘Capabilities Approach’ of Amartya Sen and Martha Nussbaum into the domain of health and health sciences. In so doing, he formulates an inter-disciplinary argument that draws on the natural and social sciences as well as debates around social justice to argue for every human being’s moral entitlement to a capability to be healthy. An ambitious integration of the health sciences and the Capabilities Approach, Health Justice aims to provide a concrete ethical grounding for the human right to health, while advancing the field of health policy and placing health at the centre of social justice theory. With a foreword by Sir Michael Marmot, chair of the WHO Commission on the Social Determinants of Health. (shrink)

This volume is the first work of its kind to publish in one place the most influential published essays in the field on the widely influential alternative theory of justice known as the capabilities approach. The collection covers a wide range of topics and informs scholars and students coming to the study of the capabilities approach for the first time of both the importance and complexity of the wider debate, and sheds light on how the (...) class='Hi'>approach might be further improved and applied. (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)

The capability approach described by Amartya Sen illustrates the multiple aspects of injustice in such fields as racially motivated sexual harassment or segregation in urban space. In response to Sen’s pointing out that we should focus not simply on institutions but also on the social realizations they engender, the article illustrates the function of the natural and social environments for racial groups in affecting the distribution of resources necessary to secure justice.