101+lecture+19 - Justice Justice Martha Nussbaum Eva Kittay...

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Unformatted text preview: Justice Justice Martha Nussbaum Eva Kittay Last time: Rawls’s two Last time: Rawls’s two principles First: each person is to have an equal right to the most extensive basic liberty compatible with a similar liberty for others. (Equal liberty principle) Second: social and economic inequalities are to be arranged so that they are both (a) reasonably expected to be to everyone’s advantage; and (b) attached to positions and offices open to all. (Difference principle) [NOTE SERIAL OR LEXICAL ORDERING] Martha Nussbaum (1947­ ) Martha Nussbaum (1947­ ) “Capabilities” approach Critique of Rawls: View of the person View of society Principles of justice as a bargain among equals Nussbaum on disability Nussbaum on disability Disability affects everyone at one point or another. No hard fast distinction between “disabled” and “well” or “able­bodied.” Nussbaum on mental disability and Nussbaum on mental disability and justice [T]he capabilities approach feels free to use a political conception of the person that views the person, with Aristotle, as a political and social animal, who seeks a good that is social through and through, and who shares complex ends with others, at many levels. The good of others is not just a constraint on this person’s pursuit of her own good; it is a part of her good. (449) Disability and justice Disability and justice We are “needy temporal animals who begin as babies and end, often, in other forms of dependency” (450) Nussbaum on global poverty Nussbaum on global poverty We cannot solve the problem of global justice by envisaging international cooperation as a contract for mutual advantage among parties similarly placed in a state of nature. We can solve them only by thinking of what all human beings require to live a richly human life – a set of basic entitlements for all people – and by developing conception of the purpose of social cooperation that focuses on fellowship as well as self­interest (459) What do citizens need “to live a richly human What do citizens need “to live a richly human life”? What does “a richly human life” mean? Nussbaum on global poverty Nussbaum on global poverty Some theories, such as Rawls, begin with the design of a fair procedure. My capabilities approach begins with outcomes: with a list of entitlements that have to be secured to citizens, if the society in question is a minimally just one (473). Nussbaum on nonhuman animals Nussbaum on nonhuman animals What is lacking in Rawls’s account…is the sense of the animal itself as an agent and a subject, a creature in interaction with whom we live. (485) For Kant [and Rawls] only humanity and For Kant [and Rawls] only humanity and rationality are worthy of respect and wonder; the rest of nature is just a set of tools. The capabilities approach judges instead, with the biologist Aristotle…that there is something wonderful and wonder­inspiring in all the complex forms of animal life (490). Nussbaum on the purposes of social Nussbaum on the purposes of social cooperation The purpose of social cooperation…ought to be to live decently together in a world in which many species try to flourish (491). Eva Kittay Eva Kittay Personhood: what does it mean to be a person? Sesha is a person. What makes her a person? I grant that rationality and the capacity to determine one’s own good are, at the very least, useful to being a part of a moral community. But I am not sure if either is necessary, and I am still less certain why lacking them disqualifies one from moral parity…. Philosophers have made much of the importance of rational capacities for the exercise of moral judgments and moral actions but…have understated the critical role other capacities play in our moral life…(122) ...
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This note was uploaded on 09/27/2011 for the course POLITICAL 101 taught by Professor Kubik during the Fall '11 term at Rutgers.

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