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Frontiers of Justice


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Table of Contents

* Abbreviations * Introduction *1. Social Contracts and Three Unsolved Problems of Justice * i. The State of Nature * ii. Three Unsolved Problems * iii. Rawls and the Unsolved Problems * iv. Free, Equal, and Independent * v. Grotius, Hobbes, Locke, Hume, Kant * vi. Three Forms of Contemporary Contractarianism * vii. The Capabilities Approach * viii. Capabilities and Contractarianism * ix. In Search of Global Justice *2. Disabilities and the Social Contract * i. Needs for Care, Problems of Justice * ii. Prudential and Moral Versions of the Contract; Public and Private * iii. Rawls's Kantian Contractarianism: Primary Goods, Kantian Personhood, Rough Equality, Mutual Advantage * iv. Postponing the Question of Disability * v. Kantian Personhood and Mental Impairment * vi. Care and Disability: Kittay and Sen * vii. Reconstructing Contractarianism? *3. Capabilities and Disabilities * i. The Capabilities Approach: A Noncontractarian Account of Care * ii. The Bases of Social Cooperation * iii. Dignity: Aristotelian, not Kantian * iv. The Priority of the Good, the Role of Agreement * v. Why Capabilities? * vi. Care and the Capabilities List * vii. Capability or Functioning? * viii. The Charge of Intuitionism * ix. The Capabilities Approach and Rawls's Principles of Justice * x. Types and Levels of Dignity: The Species Norm * xi. Public Policy: The Question of Guardianship * xii. Public Policy: Education and Inclusion * xiii. Public Policy: The Work of Care * xiv. Liberalism and Human Capabilities *4. Mutual Advantage and Global Inequality: The Transnational Social Contract * i. A World of Inequalities * ii. A Theory of Justice: The Two-Stage Contract Introduced * iii. The Law of Peoples: The Two-Stage Contract Reaffirmed and Modified * iv. Justification and Implementation * v. Assessing the Two-Stage Contract * vi. The Global Contract: Beitz and Pogge * vii. Prospects for an International Contractrarianism *5. Capabilities across National Boundaries * i. Social Cooperation: The Priority of Entitlements * ii. Why Capabilities? * iii. Capabilities and Rights * iv. Equality and Adequacy * v. Pluralism and Toleration * vi. An International "Overlapping Consensus"? * vii. Globalizing the Capabilities Approach: The Role of Institutions * viii. Globalizing the Capabilities Approach: What Institutions? * ix. Ten Principles for the Global Structure *6. Beyond "Compassion and Humanity": Justice for Nonhuman Animals * i. "Beings Entitled to Dignified Existence" * ii. Kantian Social-Contract Views: Indirect Duties, Duties of Compassion * iii. Utilitarianism and Animal Flourishing * iv. Types of Dignity, Types of Flourishing: Extending the Capabilities Approach * v. Methodology: Theory and Imagination * vi. Species and Individual * vii. Evaluating Animal Capabilities: No Nature Worship * viii. Positive and Negative, Capability and Functioning * ix. Equality and Adequacy * x. Death and Harm * xi. An Overlapping Consensus? * xii. Toward Basic Political Principles: The Capabilities List * xiii. The Ineliminability of Conflict * xiv. Toward a Truly Global Justice *7. The Moral Sentiments and the Capabilities Approach * Notes * References * Index

Promotional Information

In her new and pathbreaking book, Martha Nussbaum shows that the social contract tradition, despite its great insights, cannot handle some of the most important political problems of our day, and she points the way to a conception of justice more attuned to our human frailty, our global society, and our place in the natural world. This work will change how we think about the nature of social justice. -- Charles Larmore, University of Chicago For over thirty years, thanks to John Rawls's great work, the idea of a social contract has provided the dominant framework for liberal theories of justice. Frontiers of Justice is the most important challenge to this framework from within liberalism since the ascendancy of Rawls's theory. Eschewing utilitarianism, Nussbaum draws on the capabilities approach she developed elsewhere to show deep problems with using the social contract idea for modeling the liberal ideals of inclusiveness and equal respect for human dignity. The book's impact on liberal political thought will be resounding. Its arguments and program are bound to be discussed for a long time. -- John Deigh, University of Texas at Austin Prevailing ethical theories neglect three important subjects: the treatment of persons with disabilities, the scope of justice beyond the nation state, and duties owed to non-human animals. Martha Nussbaum's landmark book offers a courageous and bold approach to these issues based on fellowship and respect. Honest about where it builds on past theories and where it departs from them, Frontiers of Justice boldly and elegantly charts the territory for much needed theoretical and policy debates. -- Martha Minow, Harvard Law School In this groundbreaking work, Nussbaum develops her capabilities approach-enlarging our conceptions of reciprocity, dignity, and flourishing-in an effort to make it adequate to the three problem areas. The results of this original, erudite investigation include major contributions to moral and political theory, disability studies, the international relations literature, and animal ethics. -- David DeGrazia, George Washington University

About the Author

Martha C. Nussbaum is Ernst Freund Distinguished Service Professor of Law and Ethics at the University of Chicago.


Martha C. Nussbaum's impressive new book Frontiers of Justice can be easily summarized as Rawls meets Aristotle...Well-argued and beautifully written, Frontiers of Justice is an important, provocative and thoroughly admirable book, and will be essential reading for anyone interested in the concepts of justice and moral entitlement. -- Mark Rowlands Times Literary Supplement 20060203 [Nussbaum] aims to widen the reach of Rawlsian theory by addressing questions it has thus far largely neglected, such as the role of distributive justice in international relations, the claims of disabled people and the moral status of nonhuman animals. Nussbaum's resourceful and imaginative exploration of Rawls's work displays a command of the longer tradition of political philosophy that matches and even surpasses that of Rawls, along with a notably richer sensitivity to the history and variety of constitutional arrangements. The result is a notable contribution to philosophical inquiry that merits the most careful study by all who try to think seriously about public policy. -- John Gray The Nation 20060605 Professor Nussbaum calls her work a "picture of who we are" in a world "more complicated, and interdependent, than philosophical theory has often acknowledged." But it may also be a map for navigating that complicated world in the pursuit of justice. Harvard Law Review 20060501 Martha Nussbaum has written a substantial philosophical treatise on the difficulties that recent fashions in political theory have put in the way of understanding the nature of justice for the mentally and physically disabled, foreigners, and animals...She is philosophically deft...One real achievement of Frontiers of Justice is to stir up the reader's imagination. Some books beat the reader into submission; Martha Nussbaum has never done that, and here she invites the reader into an open-ended discussion in just the way one wishes that all other philosophers did. -- Alan Ryan New York Review of Books 20060622 The task of the public intellectual is to ensure that important areas of common life (public policy, cultural activities, moral understandings, and so on) live up to the standards thoughtful reflection reveals. The United States has not proved the most fertile ground for this sort of person, but now and then contenders arise, and Martha Nussbaum is surely one of the more formidable candidates of our time, discharging the responsibilities of that role with a dizzying industriousness...In Frontiers of Justice she brings her considerable talents and energy to a set of questions which, she persuasively argues, public discourse and philosophical reflection have too long ignored: namely, what are our obligations to the disabled in our midst, the poor around the globe, and nonhuman animals everywhere? -- David McCabe Commonweal 20060519 Nussbaum's explication of the human and animal capabilities essential for lives of dignity sets a demanding, detailed, moral and political standard to strive for. -- Ernest Dempsey Philosophy Now 20070301

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