反思能力进路的正义理论:一个批判性的考察

Reflecting on the Capability Approach to Justice: A Critical Examination

近年来,努斯鲍姆在批评契约论的基础上,发展出一种能力进路的正义理论。可以说,努斯鲍姆的能力进路开启了正义研究的新视野。然而,这一理论进路也存在不少疑点。从正义的尺度上看,单纯能力难以衡量个人的福祉;从正义原则的内容上看,能力清单难以成为重叠共识的对象;从正义原则的可行性上看,能力进路难以达到公开性的要求;从正义的论题上看,能力进路错失了相互性的正义维度。至少就目前来说,能力进路还不足以成为我们研究正义问题的主要理论框架。

In recent years, Nussbaum has developed a capability approach to justice on the basis ofcriticizing contract theory. It can be said that Nussbaum’s capability approach opened a new vision for theresearchof justice. However, there are many doubtful points in this theoretical approach. In the respect of themetric of justice, it is difficult to measure individual well-being simply by capability. In the respect of the contentof justice principles, capability list is difficult to become the object of overlapping consensus. In the respect offeasibility of justice principles, the capability approach cannot meet the publicity condition. In the respect of thetopic of justice, the capability approach misses the dimension of justice as reciprocity. At least for now, it is notsufficient for the capability approach to become the main theoretical framework for our study of justice.