Combining Texts

Ideas for 'fragments/reports', 'Creating Capabilities' and 'Sententia on 'Posterior Analytics''

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5 ideas

25. Social Practice / D. Justice / 1. Basis of justice
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.
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.
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).
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.
25. Social Practice / D. Justice / 2. The Law / c. Natural law
Justice, the law, and right reason are natural and not conventional [Chrysippus, by Diog. Laertius]
     Full Idea: Chrysippus says (in On the Honourable) that justice is natural and not conventional, as are the law and right reason.
     From: report of Chrysippus (fragments/reports [c.240 BCE]) by Diogenes Laertius - Lives of Eminent Philosophers 07.128
     A reaction: How does he explain variations in the law between different states? Presumably some of them have got it wrong. What is the criterion for deciding which laws are natural?