A Discourse Ethics Defense of Nussbaum's Capabilities Theory

This paper will begin with an explication of the central tenets of Nussbaum's capabilities theory. The next section examines Nussabum's two-fold justification of capabilities; namely, the substantive good approach (or intuitionism), which serves as the primary justification, and a version of Kantian proceduralism, which provides ancillary support. The following section focuses on Jaggar's critique of Nussbaum. Here, I will discuss three criteria of adequacy for a global ethic and their importance, why we should accept them and how both of Nussbaum's justification strategies fail to satisfy them. In the fifth section, I propose a version of discourse ethics as an alternative justification for capabilities that can satisfy the adequacy discerned from Jaggar's critique. This account of discourse ethics reveals that intersubjective dialogue under certain conditions is more likely to provide adequate justification of capabilities, and those engaged in dialogue are also likely to develop practical reason and affiliation. So this method of justification does not merely ground the capabilities, but helps people realize them. Finally, the sixth section presents an example from the Self-Employed Women's Association as a real-life case illustrating how this version of discourse ethics can be manifested.