Although Nussbaum’s “Capabilities Approach” (CA) clearly expresses a commitment to objectivity, this article argues that this commitment is rather ambiguous due to the conception of public reason it endorses. In particular, the CA cannot account for an objective justification of public reason, given certain characteristics of public reason. As a result, the CA jeopardizes the substantive aim it has set itself: to provide an objective justification for public choices regarding human capabilities and their specifications. |
Search result: 31 articles
Year 2009 xArticle |
Mutual Recognition in Criminal Matters in Cyprus |
Journal | European Journal of Law Reform, Issue 1 2009 |
Authors | Theodora Christou, Eleni Kouzoupi and Helen Xanthaki |
Author's information |
Book Review |
André Janssen & Olaf Meyer (Eds.), CISG Methodology, Sellier. European law publishers GmbH, Munich (2009), ISBN 978-3-86653-070-6 |
Journal | European Journal of Law Reform, Issue 1 2009 |
Authors | Christiana Dr. Fountoulakis |
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Article |
Reading the Others: American Legal Scholars and the Unfolding European Integration |
Journal | European Journal of Law Reform, Issue 1 2009 |
Authors | Giuseppe Martinico |
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Book Review |
A. Pizzorusso, La produzione normativa in tempi di globalizzazione, Giappichelli, Torino (2008) |
Journal | European Journal of Law Reform, Issue 1 2009 |
Authors | Giuseppe Martinico |
Author's information |
Article |
Codification and the Common Law |
Journal | European Journal of Law Reform, Issue 2 2009 |
Authors | Catherine Skinner |
Author's information |
Article |
Plus ça change? Continuity and Change in UK Legislative Drafting Practice |
Journal | European Journal of Law Reform, Issue 2 2009 |
Authors | Stephen Laws CB |
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Article |
Good Governance Through Transparent Application of the Rule of Law |
Journal | European Journal of Law Reform, Issue 2 2009 |
Authors | Ulrich Karpen |
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Article |
Drafting for a Post Conflict and Collapsed State - The Case of Afghanistan |
Journal | European Journal of Law Reform, Issue 3 2009 |
Authors | Zafar Gondal |
Author's information |
Article |
Hands off the Untouchable Core: A Constitutional Appraisal of the Kadi Case |
Journal | European Journal of Law Reform, Issue 3 2009 |
Authors | Giuseppe Martinico, Oreste Pollicino and Vincenzo Sciarabba |
Author's information |
Article |
The Court Goes ‘All in’ |
Journal | European Journal of Law Reform, Issue 4 2009 |
Authors | Filippo Fontanelli |
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Article |
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Journal | Netherlands Journal of Legal Philosophy, Issue 3 2009 |
Keywords | Martha Nussbaum, Capabilities Approach, moral epistemology, objectivity, residues of justice, Bernard Williams, political moralism |
Authors | Mr. Iris van Domselaar |
AbstractAuthor's information |
Article |
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Journal | Netherlands Journal of Legal Philosophy, Issue 2 2009 |
Keywords | individual responsibility, collective responsibility, legal liability, responsibility and politics |
Authors | prof. Philip Pettit |
Abstract |
This paper responds to four commentaries on “Responsibility Incorporated”, restating, revising, and expanding on existing work. In particular, it looks again at a set of issues related primarily to responsibility at the individual level; it reconsiders responsibility at the corporate level; it examines the connection of this discussion to issues of responsibility in law and politics. |
Hoofdartikel |
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Journal | Netherlands Journal of Legal Philosophy, Issue 2 2009 |
Keywords | corporate agency, corporate responsibility, collective responsibility |
Authors | prof. Philip Pettit |
AbstractAuthor's information |
Incorporated groups include businesses, universities, churches and the like. Organized to act as single centers of agency, they also routinely satisfy the three conditions that make an agent fit to be held responsible: they face significant choices, can recognize the relative value of different options, and are able to choose in sensitivity to such values. But is it redundant to hold a corporate agent responsible for something, when certain members are also held responsible for the individual parts they play? No it is not, for it is often possible for a corporate entity to be fully fit to be held responsible, when this is not true of the individual members; they may be able to make excuses that are not available at the corporate level. Does the case made for corporate responsibility extend to unincorporated collectivities like nations or religions? Not strictly but it does explain why it may be sensible to treat those collectivities as if they had corporate responsibility in certain domains. |
Article |
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Journal | Netherlands Journal of Legal Philosophy, Issue 2 2009 |
Keywords | collective responsibility, international legitimacy, global justice |
Authors | prof. Ronald Tinnevelt |
AbstractAuthor's information |
This paper critically scrutinizes Pettit’s defence of corporate and collective responsibility in the light three questions. First, does Pettit successfully argue the passage from corporate responsibility to the responsibility of embryonic group agents, in particular nations? Second, are representation and the authorial and editorial dimensions of democratic control sufficient to ensure that a state is under the effective and equally shared control of its citizens? Third, what kind of international order is required to prevent states from being dominated? |
Article |
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Journal | Netherlands Journal of Legal Philosophy, Issue 1 2009 |
Keywords | Vlaanderen, constitutie, Grondwet, fundamentele vrijheden |
Authors | Matthias Storme |
AbstractAuthor's information |
In light of the possibility that Belgium could fall apart in coming years this contribution argues that it is time to reflect on a constitution for Flanders: What are the characteristics of a good constitution? A good constitution would entrench fundamental freedoms, which are historically rooted in society. Moreover, it obliges the government to maintain and enforce the laws, preventing abuse of power and corruption. Finally, a functioning constitution stands above temporary interests of partisan politics, and should not be used as a means to encumber future generations with our ideological choices. |
Article |
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Journal | Netherlands Journal of Legal Philosophy, Issue 1 2009 |
Keywords | normative positivism, historic injustice, restitution of property rights, citation of foreign law, methodology debate |
Authors | Kees Quist and Wouter Veraart |
AbstractAuthor's information |
This interview with Jeremy Waldron covers three topics. Firstly, we dealt with the methodology debate, that is, the discussion about how to proceed in analyzing the nature of law. Does the question ‘What is law?’ require a descriptive analysis of the concept of law or, rather, a normative exercise in political philosophy? Secondly, we spoke about the role of law in response to historic injustice, especially in relation to the restitution of property rights. On this topic Waldron vindicates the ‘supersession-thesis’, the idea that, due to changed circumstances and the passage of time, historic injustices become superseded. The third section of the interview is devoted to Waldron’s perspective on the citation of foreign law by national judges. |