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Rights, goals, and capabilities

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  • Martin van Hees

Abstract

This article analyses the relationship between rights and capabilities in order to get a better grasp of the kind of consequentialism that the capability theory represents. Capability rights have been defined as rights that have a capability as their object (rights to capabilities). Such a definition leaves the relationship between capabilities and rights to a great extent underspecified since nothing is said about the nature of those rights. Hence, it is not precluded that they are mere negative liberties, something that capability theorists deny. On the other hand, to say that all capability rights are substantive in the sense that they themselves are capabilities (rights as capabilities) will in a significant number of cases fail to match well with our intuitions. This article presents an account of the relationship between rights and capabilities that avoids these problems of underspecification and of plausibility, respectively. First, it is argued that to take the idea of capability rights seriously, three new ‘list issues’ need to be addressed. Second, developing a point made by Nussbaum, it is argued that capability rights are to be defined as being purely instrumental. Whereas the resulting analysis of capability rights solves the problems of underspecification and plausibility, it raises doubts about the claim that the capability approach gives more importance to rights than do traditional forms of consequentialism.

Suggested Citation

  • Martin van Hees, 2013. "Rights, goals, and capabilities," Politics, Philosophy & Economics, , vol. 12(3), pages 247-259, August.
    • Handle: RePEc:sae:pophec:v:12:y:2013:i:3:p:247-259
    DOI: 10.1177/1470594X12447787
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    References listed on IDEAS

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    1. Amartya Sen, 2005. "Human Rights and Capabilities," Journal of Human Development and Capabilities, Taylor & Francis Journals, vol. 6(2), pages 151-166.
    2. Keith Dowding & Martin Hees, 2008. "Freedom, Coercion, and Ability," Springer Books, in: Matthew Braham & Frank Steffen (ed.), Power, Freedom, and Voting, chapter 16, pages 307-323, Springer.
    3. Dowding, Keith & Hees, Martin Van, 2003. "The Construction of Rights," American Political Science Review, Cambridge University Press, vol. 97(2), pages 281-293, May.
    4. Henry S. Richardson, 2007. "The Social Background of Capabilities for Freedoms," Journal of Human Development and Capabilities, Taylor & Francis Journals, vol. 8(3), pages 389-414.
    5. Siddiqur Rahman Osmani, 2005. "Poverty and Human Rights: Building on the Capability Approach," Journal of Human Development and Capabilities, Taylor & Francis Journals, vol. 6(2), pages 205-219.
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