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Frontiers of Justice: Disability, Nationality, Species Membership (Tanner Lectures of Human Values (Harvard University)) ReviewMartha Nussbaum is a promoter of the capabilities approach, a school of thought that seeks to delineate the conditions for a just and decent world based on what people are actually able to be and to do (their "capabilities") in order to lead a life worthy of human dignity. Amartya Sen has pioneered this approach in the realm of economics where he has proposed to analyze development as consisting of freedom as much as of material progress. Nussbaum's approach differs from Sen in subtle ways: she is more interested in philosophical debates than economic reasoning, and (whereas Sen remains in the vague as to what constitutes basic human functionnings) she provides a list of ten capabilities that must be fulfilled beyond a certain threshold in a fully just society.
Nussbaum applies this approach to three unsolved problems of social justice: how to treat people with physical and mental impairments so that they can live up to their human potential; how to extend justice to all world citizen regardless of the place they live in; and what are the issues of justice involved in our treatment of nonhuman animals. In doing so, she engages in a detailed discussion of the social contract theory proposed by John Rawls which, all its merits notwithstanding, cannot provide a satisfying answer to these three pressing social problems.
Take people with disabilities. Social contract theorists imagine the contracting agents who design the basic structure of society as "free, equal and independent," and usually conceive the social contract as providing mutual advantages to its members. But how to include people who may have a limited ability to take part in the deliberations establishing the contract, or whose special needs often contradict the assumption that social justice should provide all members of society with roughly equal endowments? Nussbaum shows that a conception of the person more akin to Aristotle than to Kant helps frame the idea of a life in accordance with human dignity, while countries like Sweden or Germany show examples of practical arrangements that allow people with disabilities to participate actively in all the major spheres of life.
The contract model also typically constructs a single society, which is imagined as self-sufficient and not interdependent with any other society. In a second step, these societies establish relations to regulate their dealings with one another based on a set of core principles embodied in international law. This model leaves many issues unanswered, such as the unequal distribution of wealth and power across countries and the universal validity of human right principles. Based on Grotius and the natural law tradition, Nussbaum develops a theory of transnational justice that includes respect for human rights and the need for economic redistribution.
Likewise, moral philosophers typically hold either that we have no direct moral duties to animals or that, if we do, they are duties of charity and compassion rather than justice. But nonhuman animals are also capable of a dignified existence, and our theories of justice should recognize that right. Nussbaum mentions a court ruling in India that goes into this direction; she could also have referred to the European Union, which has enshrined the protection of farm animals' welfare in its constitutional treaties.
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