display all the ideas for this combination of philosophers
16 ideas
| 19858 | No one should be molested for their opinions, if they do not disturb the established order [Mirabeau/committee] |
| Full Idea: No man is to be molested on account of his opinions, even his religious opinions, provided that their manifestation does not disturb the public order established by law. | |
| From: Mirabeau and committee (Declaration of the Rights of Man [1789], 10) | |
| A reaction: Virtually any opinion will 'disturb' the established order a little bit, so this gives the option of suppressing quite mild beliefs, on the grounds of their small disturbance. It is still a wonderful proposal, though. |
| 19859 | Free speech is very precious, and everyone may speak and write freely (but take responsibility for it) [Mirabeau/committee] |
| Full Idea: The free communication of thoughts and opinions is one of man's most precious rights. Every citizen may therefore speak, write, and publish freely; except that he shall be responsible for the abuse of that freedom in cases determined by law. | |
| From: Mirabeau and committee (Declaration of the Rights of Man [1789], 11) | |
| A reaction: Wonderful, and very nicely expressed. Tom Paine will have been a huge influence on this clause. |
| 21015 | Negative liberty is incoherent; all liberties, to do and to be, require the prevention of interference [Nussbaum] |
| Full Idea: The very idea of 'negative liberty' ...is an incoherent idea: all liberties are positive, meaning liberties to do or to be something, which all require the inhibition of interference by others. | |
| From: Martha Nussbaum (Creating Capabilities [2011], 3) | |
| A reaction: This rejects Isaiah Berlin's well-known claim that negative liberties are good, but positive liberties are far too dangerous. |
| 21017 | Political freedom is an incoherent project, because some freedoms limit other freedoms [Nussbaum] |
| Full Idea: It is unclear whether the idea of promoting freedom is even a coherent political project. Some freedoms limit others. The freedom of rich people to make large donations to political campaigns can limit the equal worth of the right to vote. | |
| From: Martha Nussbaum (Creating Capabilities [2011], 4) | |
| A reaction: It is not just American right-wingers who over-emphasise 'freedom'. French philosophy seems to be riddled with the same thing. |
| 19857 | All citizens are eligible for roles in the state, purely on the basis of merit [Mirabeau/committee] |
| Full Idea: All citizens being equal in the eyes of the law are equally eligible to all honours, offices, and public employments, according to their abilities and without other distinction than that of their virtues and talents. | |
| From: Mirabeau and committee (Declaration of the Rights of Man [1789], 06) | |
| A reaction: This proclamation of meritocracy must have rung bells around the cities of Europe, and was a reason why many people enjoyed being invaded by Napoleon. |
| 21016 | Political and civil rights are not separate from economic and social rights [Nussbaum] |
| Full Idea: My approach rejects the distinction, common in the human rights movement, between 'first-generation rights' (political and civil) and 'second-generation rights' (economic and social). The second group are preconditions of the first group. | |
| From: Martha Nussbaum (Creating Capabilities [2011], 3) | |
| A reaction: [last sentence compressed] This sounds like the sort of point Marx argued for. Nowadays it is feminists who make this point most strongly. |
| 19862 | Property is a sacred right, breached only when essential, and with fair compensation [Mirabeau/committee] |
| Full Idea: Since property is an inviolable and sacred right, no man may be deprived of it except when public necessity, lawfully constituted, evidently requires it; and on condition that a just indemnity be paid in advance. | |
| From: Mirabeau and committee (Declaration of the Rights of Man [1789], 17) | |
| A reaction: This covers compulsory purchase orders. Is the ownership of slaves inviolable? Will aristocrats be compensated for the confiscation of their vast estates? |
| 21009 | Capabilities: Life, Health, Safety, Mental life, Love, Planning, Joining in, Nature, Play, Control [Nussbaum, by PG] |
| Full Idea: Ten Capabilities: Life (decent), Health (reproduction, shelter), Safety, Mental life (with education), Love (relationships), Planning (with free beliefs), Joining in (and non-discrimination), Nature (relations to), Play, Control (politics and property). | |
| From: report of Martha Nussbaum (Creating Capabilities [2011], 2) by PG - Db (ideas) | |
| A reaction: She gives her crucial list in rather wordy form. To have impact it needs to be reduced to brief simple slogans. |
| 21010 | Justice requires that the ten main capabilities of people are reasonably enabled [Nussbaum] |
| Full Idea: The basic claim of my account of social justice is this: respect for human dignity requires that citizens be placed above an ample (specified) threshold of capability in all ten of the areas. | |
| From: Martha Nussbaum (Creating Capabilities [2011], 2) | |
| A reaction: [The capabilities are given, briefly, in Idea 21009] The one word that bothers me here is 'dignity'. It is very vague, and can, I think, be reduced to much clearer and more obvious concepts. A person lacks dignity when they vomit, in ordinary usage. |
| 21013 | Capabilities are grounded in bare humanity and agency; qualifying as rational is not needed [Nussbaum] |
| Full Idea: The capabilities approach grounds rights claims in bare human birth and minimal agency, not in rationality or any other specific property, something that permits it to recognise the equal human rights of people with cognitive disabilities. | |
| From: Martha Nussbaum (Creating Capabilities [2011], 3) | |
| A reaction: She says elsewhere that she also sees animals as included in the capabilities approach. This is a rejection of the Kantian grounds for rights (by a well-known Aristotelian). |
| 21014 | Rights are not just barriers against state interference; governments must affirm capabilities of citizens [Nussbaum] |
| Full Idea: A prominent idea, common in the U.S., sees rights as barriers against interfering state action. ...The Capabilities Approach, by contrast, insists that all entitlements involve an affirmative task for government, to actively support capabilities. | |
| From: Martha Nussbaum (Creating Capabilities [2011], 3) | |
| A reaction: This makes her approach very left wing, by U.S. standards, because it needs higher taxation and a degree of government paternalism. Her approach strikes me as an excellent agenda for a fairly interventionist European liberal party. |
| 21020 | Any establishment belief system is incompatible with full respect for all citizens [Nussbaum] |
| Full Idea: The idea of equal respect is difficult or impossible to render compatible with a religious establishment, even one that is benign and noncoercive. Any established church (or government secularism) denigrates nonbelievers, by stating they are an out-group. | |
| From: Martha Nussbaum (Creating Capabilities [2011], 4) | |
| A reaction: This sort of applies to membership of anything. She is sort of right, but there is no reason in principle why full respect should not be accorded to any out-group. |
| 19860 | Everyone must contribute to the state's power and administration, in just proportion [Mirabeau/committee] |
| Full Idea: For the maintenance of public force and the expenses of administration, a common contribution is indispensable. It must be equally apportioned among all citizens according to their abilities. | |
| From: Mirabeau and committee (Declaration of the Rights of Man [1789], 13) | |
| A reaction: Presumably this enshrines graduated income tax, an eighteenth century invention. Could you contribute just by your labour, or by fighting for the army? Those may be greater contributions than mere money. |
| 21022 | The Capabilities Approach sees animals as agents, not just as having feelings [Nussbaum] |
| Full Idea: The Capabilities Approach sees animals as agents, not as receptacles of pleasure or pain. | |
| From: Martha Nussbaum (Creating Capabilities [2011], 8) | |
| A reaction: This is in opposition to the utilitarian view. The key consequence is that animals can be victims of injustice, as well as of cruelty. Nice. |
| 21023 | We should respect animals in the way that we respect the animal nature in humans [Nussbaum] |
| Full Idea: If we show respect to our own animal natures, it is simply inconsistent, and a kind of vicious self-promoting of a sort to which Kantians are especially opposed, to refuse the same respect to our fellow creatures. | |
| From: Martha Nussbaum (Creating Capabilities [2011], 8) | |
| A reaction: Nussbaum says Kant is hopeless on animals, but Christine Korsgaard offers this Kantian approach that demands genuine respect for animals, even though they are not considered rational. Nussbaum says animals are agents. Did Kant respect our animality? |
| 21024 | It may be no harm to kill an animal which cannot plan for its future [Nussbaum] |
| Full Idea: The painless killing of an animal of a species that does not make plans extending into the future may not be a harm: this depends on how we think about the harm of death. | |
| From: Martha Nussbaum (Creating Capabilities [2011], 8) | |
| A reaction: Very old human beings may have no plans for the future. I, on the other hand, have got lots and lots of plans. Definitely. No one can specify the harm of death. How can it be distinguished from the harm of not being born? |