Search result: 5 articles

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Bashar H. Malkawi
Bashar H. Malkawi, Assistant Professor of Law at the Hashemite University, Jordan. The author holds LL.B, Yarmouk University in 1999; LL.M, University of Arizona College of Law in 2001; S.J.D, American University, Washington D. C in 2005.

The Rt. Hon. Lord Justice Thorpe
Head of International Family Justice for England and Wales.

Gogontle Keneilwe Gatang
Gogontle Keneilwe Gatang is a Legislative Drafter in the Legislative Drafting Division of the Attorney General's Chambers in Botswana. The views in this paper are solely that of the writer and not of the Attorney General's Chambers.
Article

Access_open Nussbaum’s Capabilities Approach: In Need of a Moral Epistemology?

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

    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.


Mr. Iris van Domselaar
Iris van Domselaar is a Ph.D-student and lecturer at the Department of General Jurisprudence, Faculty of Law, University of Amsterdam. The subject of her thesis is “Residues of Justice and Tragic Legal Choice in a Liberal Rule of Law”.

Mónika Ambrus
PhD Candidate, Erasmus School of Law, Rotterdam. I am deeply grateful to Professor J. Gerards, K. Henrard and M. Busstra for their constructive and valuable comments and suggestions. The usual disclaimer applies.
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