Beyond the social contract: capabilities and global justice. an Olaf Palme lecture, delivered in Oxford on 19 June 2003

Martha Nussbaum

Oxford Development Studies, 2004, vol. 32, issue 1, 3-18

Abstract: The dominant theory of justice in the western tradition of political philosophy is the social contract theory, which sees principles of justice as the outcome of a contract people make, for mutual advantage, to leave the state of nature and govern themselves by law. Such theories have recently been influential in thinking about global justice. I examine that tradition, focusing on Rawls, its greatest modern exponent; I shall find it wanting. Despite their great strengths in thinking about justice, contractarian theories have some structural defects that make them yield very imperfect results when we apply them to the world stage. More promising results are given by a version of the capabilities approach, which suggests a set of basic human entitlements, similar to human rights, as a minimum of what justice requires for all. But among the traits characteristic of the human being is an impelling desire for fellowship, that is for common life, not of just any kind, but a peaceful life, and organized according to the measure of his intelligence, with those who are of his kind … Stated as a universal truth, therefore, the assertion that every animal is impelled by nature to seek only its own good cannot be conceded. (Grotius, On the Law of War and Peace) Global inequalities in income increased in the 20th century by orders of magnitude out of proportion to anything experienced before. The distance between the incomes of the richest and poorest country was about 3 to 1 in 1820, 35 to 1 in 1950, 44 to 1 in 1973 and 72 to 1 in 1992. (Human Development Report 2000, United Nations Development Programme)

Date: 2004
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DOI: 10.1080/1360081042000184093

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