Nussbaums Approach, the Capabilities Approach - Essay Example

Nussbaum’s Approach, the Capabilities Approach Introduction All human rights whether civil or political rights are inseparable and may include; right to life, equality in the justice system and freedom of expression.The paper examines Nussbaum’s capabilities approach that is significant in political philosophy, socioeconomics and policy formulation. Good governance as championed by many political philosophers should lead to a number of benefits that include the involvement of all citizens in decision-making, political participation by the minority and marginalized groups, freedom of information and expression, and formation institutional reforms. The society is sometimes affected by vices such as inequality and favoritism in attitude and behaviors based on sex stereotypes, ethnic, originality, economic and social status. This was despite the common knowledge that the practice is erroneous. It led to the making of biased actions and consequently denial of justice especially for the underprivileged citizens. Inequality degrades understanding in various societal aspects including interpersonal, of intra- and interactions among members of society and the established institutions. The discussions equality in the liberal theory made Nussbaum’s expression in her capability approach to equality. Moreover, civil liberties are crucial factors that determine citizen participation in the decision making process. Some political philosophers argue that a country requires a constructive platform for social democracy in order to achieve socioeconomic development. This calls for resolution of disputes amicably and minimal interferences in the dealings of other nations. Nussbaum’s approach, the capabilities approach, is designed to remedy serious flaws in Rawls’s theory of justice. While Nussbaum succeeds in addressing some areas of concern for Rawls, I will argue that ultimately, these changes are not enough and neither the capabilities approach nor justice as fairness can fully protect women’s human rights. Literature Review In his theories of justice, John Rawl asserts that egocentric individuals behind the blanket of ignorance would prefer certain principles of justice as a way of organizing the society. First is the principle of equal liberty that maintains that every individual has an equal right to the broad autonomy. This principle seeks to merge the ethics of equality, individual autonomy and obligations. It is regarded as a better ideal compared to harsh social equality since it gives a fairer opinion on what constitutes inequality-reflecting disparities in preference. The second principle is the difference principle that asserts that socioeconomic disparities should be planned so as to make it beneficial to less-privileged people while opening up equal opportunities for all. In the egalitarian ideals, liberties are allocated equally to all people. Additionally, he argued that it would be correct that each time societal structures persuade these ideals, victims oblige as long as they are free and fair. Individuals who have cognitive disabilities need to be treated equal and with respect like the normal human beings. It is important for the law provisions to guarantee such people equal access to basic amenities such as health care, employment, education and housing. This cluster of people should have political and civil rights to express their opinion and participate in decision within the society. Martha Nussbaum gave an elaborate and overwhelming critique on the social convention and Rawl’s theory of justice (Alkire p. 32). She argued that social contract gave an inadequate insight of justice, particularly on people disabilities and non-citizens. Inclusion of this group in a theory of justice was an infringement of “premises of contractarianism”. The premises of contractarianism included; the treaty intended for the common benefit, some people were almost identical in powers and is largely egocentric in quest for their interests. She argued that disabled people and non-citizens could not part of social contract that are created for mutual benefit or represent themselves adequately in negotiations designed for coherent mediators. As a result, they appear to be treated unequally by the systems. Another philosopher, Amartya used the ideals of capabilities approaches to explain the economic development theory. He asserted that the use of GNP (gross national product) as a gauge for economic welfare was a poor measurement of the quality of life of citizens in developing nations since it did not consider the allocation of wealth. For instance, South Africa had a high GNP during apartheid yet few people benefited due to racial disparity (Freeman p. 390). In view of this, it would have been illogical to claim that the country’s citizens enjoyed a better quality life compared to a country with lower GNP but have equal access to basic wants. Individuals with the same level of income do not enjoy same living standards due to differences in functioning and expenditure. For instance, a disabled person earning equal income with a normal person cannot have the same quality of life. He proposed that the quality of life could be assessed using the capacity of people to participate in significant socioeconomic activities. Some entrepreneurs may unintentionally augment the wealth of society and distribute wealth more widely, thus creating an equality of distribution. Nature seeks to increase both wellbeing and justice among the people. This ideology should be measured in the framework of a notion of humankind, which shows minimal prudence of the effects of an individual’s actions. Therefore, nature guides self-centeredness towards the formation of riches for everybody’s advantage by means of a free market approach in capitalism (Alkire p. 32). Nussbaum gave ten crucial human capabilities, which are imperative for the truly human performance. Any human being should enjoy a normal life while having access to necessities such as food, security, freedom of expression and association. According to Nussbaum, “ The fundamental moral value of human dignity demands that a minimal threshold level for each central capability be realized if a person is to live a dignified life worthy of a human being. "The basic intuitive idea of my version of the capabilities approach is that we begin with a conception of the dignity of the human being, and of a life that is worthy of that dignity-a life that has available in its 'truly human functioning. Justice requires that the minimal or threshold level for exercising basic capabilities is not simply a level that would enable a person to subsist and function as a biological being, but rather to function in a "truly human" manner (Freeman p. 388). One of his major achievements in political philosophy and law is found in his “Doctrine of Rechtsstaat” where he argued that state’s authority should be minimized as a way of safeguarding the interests of citizens. His approach to political philosophy is based on the superiority of a state law provisions. The foundation of a nation is based on the principles of its citizens that is based on the integrity of this constitution”. In his doctrine, Kant was opposed to the form of democracy that gives majority liberty, which would pose threats to minority groups. Instead, he argued that democracy should be absolutism since it institutes an executive authority where all citizens vote for or against one whom they do not agree (Otto and Ziegler p. 19). Kant in his analysis proposed a form of governance where all the citizens participate equally and the systems are more accountable to the will of the people. This approach involves the social, economic, and cultural conditions that enhance free and equal practice of political determination. He recommended a sovereign electorate, a transparent system, and completely accountable leaders that necessitated a relook into the governance structures of a country, the rule of law and human rights. Kantian principles of political philosophy were anchored on a democracy that needed to respond, adapt and dynamically endeavor to shape its political environment in order to realize a significant effect in improving the socioeconomic well-being of citizens. In his “Doctrine of Right”, Kant remarks that a republican structure represents all citizens whereby all citizens remain unified and only champion their grievances through their elected representatives. Kant openly rubbishes the right to create a rebellion against the legitimate administration especially when such an establishment leads to humanity and moral liberation. Kant asserted that these historically appropriate combined instruments were republican states where social clusters played a critical responsibility. The radical process that reflects political establishment reforms the limits of political viability and acts as a learning stage for future political engagements. According to B. Jowett, “one citizen differs from another, but the salvation of the community is the common business for all” (Freeman 45). Political institutions should represent social and economic interests of the wider community as well as acting as centers of deliberations. These structures are supposed to help enforce separation of power, policy formulation, and implementation. It is important to note that political institutions highly influence how the political actors and the citizens behave in a country. The manifestations of politics emerge so inevitable and natural that we often forget they are the product of deliberate decisions by governments. It narrows the potential range of policy responses, undermines the capacity of sovereign national states to respond autonomously to the demands of their citizenry thereby weakening the legitimacy of traditional political intermediaries and state authorities. These new arrangements promote the diffusion of new values of good governance, human rights, institutional structures, policy formulation, and democracy. Moreover, country’s legal provision should spell out the cultural, economic, political and social approach ties with other countries. The authorities have championed for entrenchment of standard values in the governance structures of nations. This received great attention from countries practicing capitalism while others have incorporated them into their political and social dissertation. Nonetheless, there is a perception by some analysts that some countries were taking advantage of poor countries through their capitalism approach since they could not withstand the international economic and political controls (Alexander p. 8). In a socioeconomic setting, governments play a pivotal role in harnessing the creativity of the citizens, their enterprises and the economy in general. Both the independence and the consequent end of imperialism in major countries were able to end fragmentation experienced in some regions due to poor governance. According to Marx, class and standards are an important area in the examination of human relations and its importance. The basic principle of human rights upholds all people equally. The issue of the guidelines to be adopted in human rights has been controversial due to differing policies, culture and beliefs in the society. Kant stipulated that the human dignity be respected including other necessities of life. Additionally, discrimination may cause high poverty levels in a country due to poor policies and implementation of the government, high incidences of corruption and impunity, skewed distribution of country’s wealth, scarce resources and poor investment opportunities. This leads to conflicts as people try to share the little they have but matters gets worse when certain parties are not satisfied. Violation of human rights is normally experienced because of social differences such as race, religion and class, political differences and natural resources (Alexander p. 48). Political discrimination is common in areas that have bad leadership and differences in political opinions, which extends when voting leaders in a country. Those participating in political violence are either for or against the advancement of necessary changes likely to take place in a country. Citizenship has firm legal and democratic implications, which are bound in rights and requirements in giving allegiance to an independent country that has power retained by the public. Aristotle argued that citizenship argues that people will always seek to take into account multiple causes of behavioral, social, and emotional issues and the reciprocal nature of the relationships between causes and effects. Additionally, they overcome existing political, social, and economic among nations (Alexander p. 17). Citizenship promotes the advancement of human culture through which permit programs such as language exchanges and cultural exhibitions to enhance our understanding of the variety of people worldwide. The stability of power should be strongly institutionalized with public policy decision making where the citizens are able to participate in the affairs of the country. The stability in a country is dependent of the political culture that encourages collaborative governance while discouraging the rapid policy shifts. This approach has led to the adoption of these values and philosophies in other nations. It is a requirement for all nations to promote coexistence within own nation. This ensures that a country has good relations with their neighbours. Currently, the traditional attachment between the citizen and a country are sneering. These values and norms are being replaced by disjointed allegiance, which have taken root due to emerging political models, globalization and regional integrations. Nonetheless, Aristotle maintained that citizenship is more be being born in place or enjoying the same economic benefits. Conclusion From the above assessment, it is evident that Nussbaum’s approach on the capabilities approach offers important literature to disprove most of the Rawls’s theory of justice. This helped in strengthening justice and political processes, thus brought a new order in politics. The overall connection on the traditional way of life made people live harmoniously along with newly introduced practices. Notably, the community built new societies by integrating ideas that undoubtedly had a universal appeal to all people. Modernity disagreed with some Rawl’s practices because equality among the society has resulted in positive changes experienced in the world for some decades. The associations involving cultural and political aspects were approached from the outlook of politics with the intentions to explain the international relations setting. Moreover, adjustment of the freedom of expression is an important component in the societal structures. Without citizenship, possessions or education, citizens will not be guaranteed equal rights in the society. Works Cited Alexander, John M. Capabilities and social justice : the political philosophy of Amartya Sen and Martha Nussbaum. Burlington: Ashgate Pub., 2008. Alkire, Sabina. Valuing freedoms : Sen's capability approach and poverty reduction. Oxford : Oxford Univ. Press, 2005. Freeman, Samuel. "Frontiers of Justice: The Capabilities Approach vs. Contractarianism." Texas Law Review (2006): 385-430. Otto, Hans-Uwe and Holger Ziegler. Education, welfare and the capabilities approach : a European perspective. Opladen : Barbara Budrich, 2010. Rawls, John. A theory of justice. 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