Biomedical Engineering Reference
In-Depth Information
to determine preconditions for ethical contract thinking. Capabilities are an
extension of the concepts of income and poverty as measures of wellbeing.
People have different individual needs. This fact necessitates a plurality of
measures for wellbeing. Contrary to Amartya Sen, Nussbaum does not con-
sider it possible to measure all capabilities in monetary terms; however, her
theory requires 10 independent threshold values to determine wellbeing. A
diversified form of care is a fundamental aspect of the concept of justice for all
capabilities. It depends on the capability whether it is necessary to stimulate
the human capability or the human functioning. Enforcing behavior should
be avoided but information on beneficial behavior is welcome. Children
should have more obligations than adults (e.g., in following education).
The species norm Nussbaum uses to determine who is a human being is
evaluative and ethical, but contrary to her assumption, is not uncontrover-
sial. The capability approach is a critical liberal theory, imposing limits to
freedom in the interest of society.
Nussbaum compares her capability approach with other theories of interna-
tional justice: two types of social contract thinking (the two-phase contract of
Rawls, and the global contract of Beitz and Pogge), as well as economic utilitar-
ian development models. Her theory aims for human development in agree-
ment with Grotius' natural right, taking human rights as basis for international
justice. Rawls' two-phase contract theory takes the state as a virtual person
and contract party. The internal affairs of a state are independent of foreign
relations and unchanging. International law only covers war and peace. This
assumption is not in agreement with present-day reality where multinational
companies and international NGOs are of importance. The current inequality
between states and redistribution of wealth also does not fit Rawls' assumption.
Nussbaum does not agree with Rawls' idea of a veil of ignorance at the
time of designing the contract because the parties need to know in which
age they live and what the (technical) circumstances are in order to be able to
determine what will be a fair agreement in those circumstances.
13.2.4 Martha Nussbaum's Capability Approach
The capability approach concentrates on what people are capable of. It is
expected to give more robust guidelines for jurisdiction and government
policies than other theories of justice. Whereas Sen applies the capability
approach to comparative measurement of the quality of life, Nussbaum uses
it to give a philosophical foundation to a vision on essential human rights
that ought to be respected and implemented by governments of all nations,
as an essential minimum of what respect for human dignity requires. This
notion leads to a list of 10 essential human capabilities, which are all implic-
itly present in the idea of a life in accordance with human dignity. These
capabilities are the source of political principles for a liberal pluralist soci-
ety. The capabilities should be pursued for each individual who is treated
as a goal in himself and not as a means to an end. The capability approach
