Professional Documents
Culture Documents
and Mulgan
Author(s): Martha C. Nussbaum
Source: Ethics, Vol. 111, No. 1 (Oct., 2000), pp. 102-140
Published by: The University of Chicago Press
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Aristotle, Politics, and Human
Capabilities: A Response to Antony,
Arneson, Charlesworth, and Mulgan
Martha C. Nussbaum
It will be seen how in place of the wealth and poverty of political econ-
omy come the rich human being and rich human need. The rich human
being is simultaneously the human being in need of a totality of hu-
man life-activities-the person in whom his own realization exists as
an inner necessity, as need. (MARX, Economic and Philosophical Manu-
scripts of 1844)
The articles in this symposium raise more significant philosophical ques-
tions than I can answer to anyone's satisfaction here. They also make me
realize how old I am: for they address many chronological strata of my
thinking, frequently without acknowledging that my thinking has under-
gone numerous shifts between 1980 (the date of publication of the ar-
ticle "Shame, Separateness, and Political Unity," the first text discussed)
and the present.' Some of these shifts are announced as such by me: for
example, I have drawn attention to my endorsement, beginning in 1994,
of a Rawlsian type of political liberalism, which significantly alters my
understanding of the political role of the capabilities list and of the re-
lationship between politics and metaphysics.2 Other shifts are conscious,
but not announced with any fanfare: for example, the increasing em-
phasis on the notion of a threshold level of each of the central capabili-
ties and the increasing specificity of the capabilities list itself. Still other
changes in my position have become evident to me through reflecting
on these articles.
In general, my strategy has been to publish versions of my capabili-
102
Nussbaum Aristotle, Politics, and Human Capabilities 103
ties view as records of work in progress, in order to elicit what I have very
often received, criticism that would help me make the view better. Only
in Women and Human Development (WHD), published in the spring of
2000, have I made any attempt to synthesize the approach and provide
an overview of it, together with at least some discussion of its philosophi-
cal justification.3 And even that overview is far from complete. It will
need to be supplemented by years of further work, culminating, I hope,
in a much fuller and more complete presentation of the view. Thus I feel
that I am at something of a disadvantage when people take the earlier
articles for a product that is both static and coherent over time, since I
feel that most of what I wrote before has been definitively superseded by
the new work. Nor do I see any reference to the growing influence of
both Rawls and Kant on my thought, or to the fact that my interest in
Aristotle has been for some time in part an interest in the young Marx's
own reading of Aristotle. In this reply, I shall focus on what I think now,
although at times I may have to try to give an account of why I thought
something else at an earlier time.
Notice that in order to play the role I have envisaged, the study of
history has to be active and independent, rather than subservient. That
is, we only get the best out of the texts we read if we are really trying hard
ourselves to solve the problems they pose, rather than blindly submitting
to the authority of the text. I don't believe that any distinguished philoso-
pher can be well understood if read as an authority: for philosophers are
in the business of producing arguments, and the only way for us to un-
derstand an argument is to engage with it and actively test it. But this
means that we need to preserve a space between ourselves and the text,
even while we hold open the possibility that the text will lead us to see
the world in an entirely new way. This is a very delicate balancing act, and
it would be no surprise if one didn't always get it right. It helps, of course,
if one studies a plurality of texts, because then the tendency to submit to
one of them will be diminished, and one will be forced to think things
through from an independent perspective.5
On the other hand, it would be no good to pull in a little nugget
of insight from one place, another nugget from another. If the study of
history is really going to illuminate the world in a new way, it has to
be done systematically, trying seriously to reconstruct the position as a
whole and make the best sense one can of it.6 One thing more also seems
required: a decent knowledge of history. If the aim is to appropriate
some element in the thought of Aristotle for contemporary thought, it
helps a lot to know to what extent his thought is shaped by a specific
political and historical context. Only then can we sensibly ask how far his
answers are detachable from the context that gave them birth.
Many different philosophers in the history of philosophy have used
Aristotle as a conversation partner. This is no surprise, since he is among
the greatest of thinkers, and his thought has unsurpassed complexity,
subtlety, and rigor. To confine myself only to the past 150 years, and to
his ideas about human capability and functioning, Aristotle has been
a central inspiration for rationalist-universalist liberal Catholic thought
in the Social-Democratic tradition (Jacques Maritain), for rationalist-
universalist conservative Catholic thought in the "new-natural-law" tra-
dition (John Finnis, Germain Grisez, and Robert George), for historicist-
communitarian Catholic thought that denies the availability of universal
5. These ideas were all developed by the Stoics in many helpful ways. On the inde-
pendence and activity of the student, see the texts and discussion in Martha C. Nussbaum,
The Therapy of Desire (Princeton, N.J.: Princeton University Press, 1994), chap. 9, and Cildti-
vatingHumanity: A ClassicalDefense of Reform in LiberalEducation (Cambridge, Mass.: Harvard
University Press, 1997), chaps. 1-2.
6. This has been John Rawls's method in teaching the history of philosophy: see
A. Reath, C. Korsgaard, and B. Herman, eds., Reclaiming the History of Ethics: Essays forJohn
Rawvis (Cambridge: Cambridge University Press, 1997), and my review article, Martha C.
Nussbaum, "Conversing with the Tradition: John Rawls and the Histoiy of Ethics," Ethics
109 (1999): 424-30.
Nussbaum Aristotle, Politics, and Human Capabilities 105
rational principles (Alasdair MacIntyre), for humanist-universalist Marx-
ist thought (the young Marx and humanist Marxists, such as Mihailo Mar-
covic), and for British liberal-perfectionist Social-Democratic thought
(T. H. Green and Ernest Barker).7 Aristotle's political ideas have thus
influenced practical politics through a plurality of distinct and some-
times antithetical routes-some of which remain to be traced.8 All these
borrowers from Aristotle have subtly different interpretations of and also
different quarrels with Aristotle. So the views that result differ from one
another in obvious ways. Although I had not read these authors (except
for Barker's classical scholarship) when I wrote "Aristotelian Social De-
mocracy" (ASD), my own views are closely related to those of Green and
Barker in that we all stress the importance of criticizing Aristotle in the
name of liberal ideas of liberty.9 I depart from those perfectionist writ-
ers by my stress on respect for pluralism, as I shall describe further in
Section IV. My current political-liberal views lie closest to those of Mari-
tain, who was both one of the most distinguished international human-
rights thinkers after the war and, also, or so I would argue, the first polit-
ical liberal, in that he introduced into neo-Aristotelianism the idea of an
overlapping consensus among believers in different comprehensive con-
ceptions of human life.'0
What all these neo-Aristotelians have in common, despite their large
differences, is a dislike for the ideas that wealth (of a person, or of a
nation) is an end in itself, and that the accumulation of as much wealth
as possible is an appropriate end for politics to pursue. (We find one
version of these ideas in development economics, where until recently it
was standardly assumed that gross national product [GNP] per capita is
7. In 2002, I shall deliver the Hourani Lectures at SUNYBuffalo on the topic, "Varie-
ties of Neo-Aristotelian Thought."
8. For example, in a graduate course I taught on this topic in 1998, I learned from a
visitingJapanese graduate student that the Japanese Social Democratic partywas ultimately
Aristotelian in inspiration, in that its founder studied at Oxford with Ernest Barker and was
strongly influenced by the ideas of both Green and Barker about human functioning and
its social prerequisites. I would suppose that the role of Aristotelian ideas of capability in
the left-wing politics of India, in Amartya Sen's youth, had a mixed origin: both in English
thought and in humanist-Marxist thought. This lineage needs to be documented further.
9. Martha C. Nussbaum, "Aristotelian Social Democracy" (hereafter ASD) in Liberal-
ism and the Good,ed. R. B. Douglass, G. Mara, and H. Richardson (New York:Routledge,
1990), pp. 203-53.
10. Of course "overlapping consensus" is Rawls'sterm, not Maritain's;he describes
the fact, without using the term. See Jacques Maritain, The Rightsof Man and Natural Law
(New York: Charles Scribner's Sons, 1943), and Man and the State (Chicago: University of
Chicago Press, 1951), esp. the section on pp. 76-80, entitled "Men Mutually Opposed in
Their Theoretical Conceptions Can Come to a Merely Practical Agreement Regarding a
List of Human Rights." Maritain argues that his conception, though supported in his own
mind by metaphysical Catholic ideas of the soul, does not require that metaphysical support
and could be endorsed by anyone, theist or atheist, who is prepared to give a certain non-
negotiable place to the idea of human dignity.
106 Ethics October2000
a reliable index of a nation's quality of life.) All these thinkers find in
Aristotle the idea that the proper goal of politics is to support a rich
"plurality of human life-activities," to use the Marxian phrase, and that
these activities are distinct from one another and each valuable in its own
right. Wealth is a means to human activity, and human activity should
never be assessed simply by looking at its tendency to produce wealth.
To this basic agreement we can add another, equally basic: neo-
Aristotelians hold the separateness of persons to be a basic fact for nor-
mative political thought. Each person should be treated as an end, and
none as a mere means to the ends of others. Thus they reject the idea
that the goal of politics lies in some glorious total or average; they in-
sist on asking how each and every person is doing, and, with Aristotle,
they deny that a society can be flourishing as a whole when some mem-
bers are doing extremely badly. In that way, they all oppose not only the
pursuit of wealth as ultimate end, but also aggregative forms of Utili-
tarianism.
Because they thus hold that human dignity is an end in itself and
not simply a means to other ends, this neo-Aristotelian tradition draws
near to Kant, and I have argued in WID that Marx's reading of Aristotle
was in many ways shaped by the Kantian idea of humanity as an end. So
it would be no surprise if there were to be a close relationship between
such neo-Aristotelianisms and the Kantian thought of John Rawls, who
begins from the intuitive idea that every person has an "inviolability
founded upon justice." This relationship will be at its closest when the
neo-Aristotelian is also a liberal, as in the case of Green, Barker, Maritain,
and myself. And it has seemed to me, as it seemed to all four of these
thinkers, that Aristotle provides a good starting point for thought in an
era dominated by the pursuit of wealth-especially when that regret-
table human tendency has been given sanctity by dominant theories of
the time. Thus Maritain announces from the start his fundamental op-
position to forms of capitalism that make the pursuit of wealth an end
in itself, and to the related everyday idea, which he finds ubiquitously
in America, that human activity is simply a means to economic growth.
Green and Barker were of course inspired to go back to the Greeks by
the ascendancy of both philosophical Utilitarianism and far cruder ways
of thinking about accumulation in their own philosophical and political
context; Green, especially, writes about this opposition with urgency and
eloquence.
All of the liberal neo-Aristotelians-and, indeed, the antiliberal
group as well-agree further in stressing the central importance of prac-
tical reason and sociability, as architectonic functionings that both orga-
nize and suffuse all of the others, making their pursuit fully human.
I myself was motivated to discuss the relevance of Aristotle to public
debates when I saw that the community of international development
policy making was dominated-not even by the subtle ideas of Utili-
Nussbaum Aristotle, Politics, and Human Capabilities 107
tarian philosophy, but by the crude and cheapened form those ideas
have taken in modern development economics. Economists are good at
many things, but arguing for a particular conception of the ultimate
ends of human social life does not seem to me to be among them. And
yet they put forward ideas on this issue all the time, particularly in inter-
national development, and these ideas are enormously influential.
So Mulgan mistakes the context of my thought. It is true that the
Greeks are sometimes fought over in American debates about education,
and it is true that I have written on this topic. But Aristotle plays almost
no role in what I write on education, and this is for two reasons: Aristotle
has little of interest to say about education in surviving texts, and my
Straussian opponents are not very interested in Aristotle anyway." He is
not easy grist for an esotericist's mill. So I focused on Plato in countering
claims made by Straussians about his text; in developing the positive side
of my own thinking, I focused on the Stoics, who seem to me the greatest
ancient Western thinkers about education.
Whatever my quarrels with Allan Bloom and the other Straussians,
those writers have relatively little influence on global politics. The nor-
mative thought that inheres in the practice of development economics
has a huge and decisive influence. I wrote "Aristotelian Social Democ-
racy" sitting in a United Nations institute for development economics
that happened to be located in Finland.'2 After eight summers of work
at that institute, I came to believe that Finland is as close to being a just
society as any we know. Traditional conceptions and practices of social
democracy in that nation were in many respects in tune with the concep-
tion of human functioning that I had been working out, against leading
models of development economics, with inspiration from Aristotle. (To
take just one example, Finnish sociologist Erik Allardt's important book
Having, Loving, Being, as its title indicates, defends against economic
ideas of human development the idea that the quality of life in a nation
should be assessed by focusing on a rich plurality of human function-
ings.) 13 This independent convergence called for investigation; my arti-
cle was the record of that investigation. Thus the article Mulgan analyzes
contains a substantial section describing Scandinavian (especially Finn-
11. In my review of Allan Bloom's The Closing of the American Mind (Martha C. Nuss-
baum, "Undemocratic Vistas," New YorkReview of Books, November 5, 1987), I make passing
reference to his gross misreadings of the central ideas of Aristotle's Poetics, as evidence of
his defective scholarship. In my Cultivating Humanity, Aristotle figures primarily as a distin-
guished thinker who believed that cross-cultural study was an important part of good politi-
cal theorizing.
12. For discussion of this institute and its work, see Martha C. Nussbaum, "Public
Philosophy and International Feminism," Ethics 108 (1998): 762-96.
13. Erik Allardt, Att ha, alska, att vara: Om valfard i Norden (Having, loving, being: On
welfare in the Nordic countries) (Borgholm: Argos, 1975). For a short account of Allardt's
position, see his "Having, Loving, Being," in The Quality of Life, ed. Martha C. Nussbaum
and Amartya Sen (Oxford: Clarendon, 1993), pp. 88-94.
108 Ethics October2000
ish and Swedish) ideas about the measurement of social welfare, which I
compare to my own neo-Aristotelian conception.
14. Martha C. Nussbaum, "Nature, Function, and Capability" (hereafter NFC), Ox-
ford Studies in Ancient PAilosophy, supply. vol. 1 (1988), pp. 145-84.
Nussbaum Aristotle, Politics, and Human Capabilities 109
eral as he has been credited with being. I noted that he has no prescrip-
tions regarding the religious identity of the ideal city-something that
already, in the fourth century, would be a notable omission, given that
cities contained not only a conflicting plurality of Olympian deities, but
also a host of foreign cults. The effect of the omission would appear
to be to leave this matter unregulated-a great departure from Plato's
Republic, where all speech about the gods is carefully regulated (ASD,
pp. 235-36). I also noted that in some respects the liberal conception of
freedom as noninterference can be effectively challenged by the Aristo-
telian, arguing that certain types of apparent interference with liberty (as
in land reform and other types of economic redistribution) may actually
be required in order to render citizens fully capable of choice (ASD,
p. 240). In THD I develop this idea much further, arguing that in the
absence of economic redistribution the various liberties of choice are
only words on paper. In this way, at least some policies that might seem
illiberal in Aristotle are not really illiberal, if we have a sufficiently rich
and material conception of liberty. On the whole, however, I stressed the
need to revise Aristotelian ideas in the direction of liberalism.
15. See ASD, p. 233, for references and discussion of that idea: "They are not free if
they are treated despotically by a ruler and have no share at all in rule. Nor are they treated
as equals if they are relegated to subordinate functionings while some king lords it over
them. This does not mean that there is no room in government for expertise; nor does it
mean that citizens can never delegate functions of some sorts to experts. It does mean that
citizens should be judged by citizenjuries selected in some representative way;and it means
that some sort of democratic legislative body, either direct or representative, should make
the major decisions concerning the conception." Aristotle defines citizenship as "the au-
thorization (exousia) to share in judicial and deliberative functioning" (Politics1275bl8-
20, and see 1274al5 ff., where Aristotle praises Solon for giving the people the power of
electing their magistrates and calling them to account-a power without which, he says,
they would be living the life of slaves).
110 Ethics October2000
The second equivocation concerns modern forms of democracy.
Mulgan says that Aristotle does not support "democracy," as if modern
democracy were the same thing Aristotle attacks. But of course modern
democracies are very different both from the degenerate regime Aris-
totle attacks theoretically and from the historical Athenian democracy
to which he is in some respects opposed. All modern democracies are
mixed regimes. All of them, though they permit all citizens to participate
in political planning as voters and jurors, assign offices by a different
principle: not by lot, as at Athens, but by some kind of judgment about
merit and service to the community.16 This is exactly as Mulgan's Aris-
totle would urge. All modern democracies, again, mediate popular pas-
sions by deliberative and representative institutions, as Mulgan's Aristotle
would urge. All have a large place for expertise-as in the role of the
judiciary, which I have discussed in various analyses of Aristotelian ratio-
nality. Again, this agrees with Aristotle and departs from Athens, where
there was no career judiciary, all jurors were selected by lot, and there
were not even any rules of relevance for testimony, resulting in a perni-
cious role for slander and scandal in the courtroom process. All modern
democracies, finally, place considerable emphasis on civic education and
the production of civic virtue, one of Mulgan's central points. To quote
from a recent, and quite typical, account of the American Founding:
The founders were extremely fearful of popular passions and prej-
udices, and they did not want government to translate popular de-
sires directly into law. They sought to create institutions that would
"filter" those desires so as to ensure policies that would promote
the public good. At the same time, the founders placed a high pre-
mium on the idea of "civic virtue," which required participants in
politics to act as citizens dedicated to something other than their
self-interest, narrowly conceived.... From these points it should be
clear that the Constitution was not rooted in the assumption that
direct democracy was the ideal, to be replaced by republican insti-
tutions only because direct democracy was not practical.17
16. In Athens, only the office of general was filled by a merit-based selection.
17. Cass R. Sunstein, Republic.Com (Princeton, N.J.: Princeton University Press, in
press). Sunstein is describing not only his own conclusions but also those of Gordon Wood,
in TheRadicalismof theAmericanRevolution(New York:Random House, 1992).
18. Indeed, the emphasis on civic virtue is particularly strong in the Nordic social
democracies that were my focal point. It is used, e.g., to justify their stringent controls on
immigration, a feature that I find morally problematic. When I was last in Norway, they
were about to pass a law declaring private schooling illegal on grounds of civic virtue, want-
ing to transmit to all citizens a homogeneous conception of the values underlying the
welfarist-egalitarianstate. I do not support this idea; but Aristotle probably would, mutatis
mutandis.
Nussbaum Aristotle, Politics, and Human Capabilities 111
totle is in some ways like modern forms of democracy is to say that he is
in some ways like that.
"Social democracy" comes in, of course, in the ways in which Aris-
totle insists on comprehensive material support for life-activities. Pace
Mulgan, Aristotle is no complacent backer of wealthy propertied classes.
In a passage to which Mulgan himself draws attention, he argues that
the state should directly subsidize the participation of even the poorest
citizens in necessary civic functions. And in material discussed by me in
ASD, he mandates large-scale land reform: indeed, for him, the really
tough question is whether there is to be any private property at all. Half
the property is held in common, and the rest is common in use, in the
sense that a needy citizen is entitled to take produce from a richer per-
son's land.
Aristotle is vividly aware that in existing states the rich and the poor
are engaged in a constant struggle. His analysis of this conflict led the
great historian G. E. M. de Ste. Croix, who died this year, and whose
memory I pause to honor, to call Aristotle the originator of the modern
concept of class struggle. De Ste. Croix also demonstrated the extent of
Aristotle's influence on Marx's development of that idea. 19Aristotle's at-
tacks on the idea that wealth should be the aim either of an individual
life or the life of a polity are too well known for me to dwell on them
here (see Politics 1.8 and VIIi). They are the source of the long neo-
Aristotelian tradition I have described. And, in evidence produced by
Mulgan himself, Aristotle rejects the almost universal tendency in his
time to assign offices on the basis of wealth, or property, or honor,
preferring the claims of virtue and service. He disapproves even more
strongly of assigning citizenship itself in accordance with wealth or birth,
as is done at Sparta.
Does Aristotle adopt an inclusive account of citizenship only for
reasons of ensuring stability? Some of his arguments, certainly, have sta-
bility in view. But I have argued that Aristotle's whole conception of the
job of political arrangement is one that focuses on providing the neces-
sary conditions of the good human life to "anyone whatsoever" (Politics
1324a23-5); I explored all the interpretations of "anyone whatsoever"
that seemed plausible, rejecting those that seemed incompatible with the
text. I concluded that it must mean "anyone who has (as women and
natural slaves do not) the basic capacities to perform the judicial and
legislative functions associated with citizenship." I granted that this con-
ception is one that Aristotle does not consistently endorse-indeed, one
of the purposes of my 1988 article (NFC) was to stress these inconsisten-
cies. But it is one major thread in his conception, and it is the one that
governs not only crucial elements in his account of the ideal city but
19. G. E. M. de Ste. Croix, The Class Struggle in the Ancient GreekWorld (London: Duck-
worth, 1981).
112 Ethics October2000
also his criticisms of his predecessors in Politics, book II. His criticisms of
Plato, especially, insist that one cannot provide eudaimo-nia to a city as a
whole without providing it to each and every one of its members (Politics
1261bl6-27, 1261al7ff.); but the goal of making the city eudaimo-nis ab-
solutely fundamental, and it is certainly not pursued for the sake of sta-
bility only. Until Mulgan advances arguments against me on these points,
which are the core of my argument, I conclude that it stands.
20. I note that this same principle was defended as early as 1792 by MaryWollstone-
craft in A Vindicationof theRightsof Woman,which advocates free coeducational schools in
which all social classes would meet as equals; apparently these schools were to be compul-
sory. Her work, of course, had no public influence in her own time.
Nussbaum Aristotle, Politics, and Human Capabilities 113
so that all get what citizenship requires. So Green was correct and Aris-
totle was incorrect. I argue that this error involves Aristotle in a fun-
damental inconsistency with his own political principles: so Green was
more Aristotelian than Aristotle.
Why did Aristotle commit this error? In a poor agrarian economy, it
is very difficult to provide compulsory education for all citizens, however
poor. In India, for example, despite the fact that compulsory primary
and secondary education is in the constitution as a fundamental right of
all citizens, only 35 percent of its women and 65 percent of its men are
literate. (And citizenship does suffer.) This sad situation has multiple
causes: corruption that leaches off the money that should have been
spent on schools, lack of public participation by those who are illiterate
(which, of course, often results directly from illiteracy, a baneful cycle),
and the inability to solve the problem of parents' economic reliance on
child labor. I am sure that in ancient Greece at least some of these prob-
lems also obtained. Child labor, for example, is evident in some of the
comedies of Aristophanes. Aristotle is, in general, not good at envisaging
profound economic transformations in society. His rejection of Platonic-
style utopian thinking often degenerates into a failure to take the bold
imaginative leaps that Plato so creatively takes.
The important thing is that Aristotle is correct: education is a fun-
damental prerequisite of republican citizenship, and education requires
quite a long period of leisure (is incompatible, for example, with exten-
sive child labor). He was wrong if he believed (as is unclear) that citizen-
ship is incompatible with holding a job in adult life, after one is edu-
cated; but modern Aristotelians should still devote thought to creating
spaces for public deliberation and adult learning, as fundamental ele-
ments of citizenship.21
D. Exclusions
Mulgan suggests that Aristotle is not at all unhappy about excluding
craftsmen and metics (resident aliens) from citizenship in the city. What
I said is that their inclusion is entailed by some of his fundamental po-
litical principles (see above), and that, furthermore, he himself was a
metic, leading, thus, a life that he calls that of "an alien without honor"
(Politics 1278a37, quoting from Homer). It is thus quite extraordinary, I
said, that in view of these strong reasons, both philosophical and experi-
ential, for discussing the matter critically, he glides so glibly over the
whole question of their exclusion, saying nothing about it. The signs of
21. Wejust don't see in the text examples of people who have an education and then
do work for a fee. So strong is the Greek suspiciousness of the life of money making that
people of good background typically would not take such salaried posts; even the work of
running estates was frequently delegated to women, on the grounds that this base type of
occupation is not suited to free men.
114 Ethics October2000
discomfort I noted were in the remark just cited, which surely does not
sound like the utterance of someone who is pleased with his own situ-
ation, and in the wistful observation (mentioned by Mulgan) that it
would be nice if all the farm labor could be done by people brought in
from outside the borders-which might at least make it look as if the
city is not excluding people to whom it has some obligation (Politics
1330a25-31). But I stressed that there is basically silence on this topic,
and a most puzzling silence at that.
I would now add that we should not ignore the fact that Aristotle
was twice forced into political exile on account of his Macedonian ori-
gins; the second time he apparently said that he was leaving to prevent
the Athenians from "sinning twice against philosophy" -comparing his
likely fate to that of Socrates. So we should not ignore the possibility that
as a metic with no civil rights, twice forced to run for his life, he might
not feel able to speak out in criticism of the situation of metics.
How deep is the exclusion of slaves and women from citizenship?
On women, Aristotle in general offers arguments so ludicrous as to be
unworthy of any serious person. He holds, for example, that women have
fewer teeth than men and that when a menstruating woman looks into a
mirror it turns the glass red. But in the context where he is talking about
their exclusion from political membership, he doesn't even say some-
thing ludicrous; he says virtually nothing. Simply, women "have the de-
liberative faculty, but it is lacking in authority" (Politics 1260al2-13). He
never tells us what he means by "lacking in authority" -over their emo-
tions? That is the most common interpretation, and probably the correct
one. But sometimes people read the text as suggesting a merely contin-
gent limitation: they don't in fact have authority. That latter position
would not justify any restriction on their role in an ideal city, of course.
One quite mysterious passage suggests such a reading, though we will
never be able to assert anything with confidence, so slight is the evi-
dence.22 One thing is certain: that having rejected Plato's demolition of
the family, and having attached considerable importance to its mainte-
nance, as a source of love and education for children, Aristotle is unable
and unwilling to envisage any transformation of that institution that
would make women equal as citizens. This is another big failure of imagi-
23. For my own views of this question, see EWD, chap. 4, and also Martha C. Nuss-
baum, "The Future of Feminist Liberalism," presidential address of the Central Division of
the American Philosophical Association, forthcoming in the Proceedings and Addresses of the
American Philosophical Association.
24. See Martha C. Nussbaum, "The Incomplete Feminism of Musonius Rufus," forth-
coming in The Sleep of Reason: Erotic Experience and Sexual Ethics in Ancient Greeceand Rome,
ed. Martha C. Nussbaum andJuha Sihvola, under advance contract to University of Chicago
Press. I argue that Musonius does not, in fact, hold that women have ajust claim to educa-
tion; his argument is rather that it would be better for society if women had it. So his argu-
ment is not the same as the capability-based argument I endorse.
25. In Nussbaum, "Shame, Separateness, and Political Unity."
26. Richard Mulgan, "Was Aristotle an Aristotelian Democrat?" in this issue, p. 101.
116 Ethics October2000
points out, I do impute to James a concern for securing to all citizens
the intellectual and spiritual nourishment, through public education
and public provision of the arts, that would be necessary in order to bring
about a true class-leveling revolution. I contrast this liberal-perfectionist
aspiration both with traditional elitism (which holds that such advan-
tages should go only to those favored by birth or special natural en-
dowment) and also with the revolutionary ideologies depicted in the
novel, which are indifferent to the nourishment of the spirit, and are
perfectly willing to let the arts get wiped out in the name of class leveling.
I still believe what I wrote. The James whose gravestone reads "Henry
James, Citizen of Two Countries, Interpreter of His Generation on Both
Sides of the Sea" was not indifferent to social context. And though
Arneson seems to me correct in his suggestion that at times James in-
clines toward the narrower perfectionism of a Rashdall, in The Princess
he seems more on the track of Green, though with a richer interest in
beauty and art.
them out as a class. I suggest that, whatever Rawls says, his actual procedure in conversing
with the reader does at times rely on strong emotions, such as indignation and (appropri-
ate) fear.
29. I discuss this example in Nussbaum, "Public Philosophy and International
Feminism."
30. See Rawls, PL, 384 n. 16: "This equilibrium is fully intersubjective: that is, each
citizen has taken into account the reasoning and arguments of every other citizen."
118 Ethics October2000
35. For both the Rawls of PL and me, additional constraints enter the picture in the
political realm: we both hold that a certain type of consensus plays an important role in
justifying political principles. On the Socratic elenchus and what it can accomplish philo-
sophically, see my review article on Gregory Vlastos's Socratic Studies, Journal of Philosolhy 94
(1997): 27-45.
122 Ethics October2000
phers. For we only know our convictions sufficiently when we have stud-
ied both them and the major normative political theories, asking what
we really want to stand for. This is a task that probably can't be completed
in a lifetime. Surely most of the audience for Aristotle's arguments, and
our own, is much more likely to be in the position of Socrates' interlocu-
tors, who have never even begun to search into themselves. (Consider my
example, in HN [pp. 98-102] of Protarchus in Plato's Philebus, who an-
nounces his adherence to the trendy theory that pleasure is the good-
until Socrates points out to him all that this thesis omits, much of which
Protarchus values.) So our arguments, while Socratic in their nature and
limited by the limitations of that type of argumentation, can still do work
of real political significance.
In HN, I made one further point. This was that, in certain specific
argumentative contexts, we may point out that our interlocutor's very
behavior shows that she grants the centrality of the element on whose
centrality we are insisting. There would thus be a pragmatic self-
contradiction were she to reply by denying its importance. Thus, it would
be self-contradictory to engage in philosophical argument about the
ends of human life and then deny that reason and argument have any
importance. It would be similarly peculiar to attend the dramatic festivals
of Athens looking for illumination about matters of human significance
and then to deny that community with others has any importance at all.
I find these patterns of argument interesting, and I think that they can
sometimes do real work in convincing a certain type of opponent, but I
do not rely on them.
Where, then, does biology come in? In two places. In the normative
concept of the person itself, I insist strongly on valuing the whole of our
animality and not just our rationality, and on holding the two together:
our dignity and rationality just are those of a certain sort of animal. I
believe that in some respects Kantian starting points distort this point
and give us, in the process, a distorted view of our ethical relation to the
other animals.36 Second, a necessary and sufficient condition of being
the object of normative ethical concern, in a politics based on the capa-
bilities approach, is that one have some innate equipment that makes it
possible for one to attain the capabilities that figure on my list, given
sufficient attention, material support, and care. (A point of terminology
obscured in Antony's usage: I call that equipment the basic capabilities;
the achieved capabilities that it is the business of politics to produce are
called the central capabilities, and they are also described as combined ca-
pabilities, since they combine, in most cases, internal training with exter-
nal material and institutional supporting conditions.) For a basic capa-
bility to become a basis for moral concern, of course, it has to be a basis
for one of the ones we have already evaluated in our normative concep-
tion and put on the list of the ones we like: thus many of the actual pow-
ers of human beings do not give rise to the concern that they be fostered
in this way. But if the mature version is one of the capabilities we have
evaluated as normatively central, then there is something terrible about
the equipment's being there undeveloped. This gives us a sense of waste
and tragedy. If a turtle were given a life that did not develop powers of
practical reason and sociability, we would have no sense of waste and
tragedy; when Marx's worker is forced to live a life that reduces his senses
to a less than fully human level of functioning, this does give rise to grief
and anger. Thus the basic capabilities, those we pick out as correspond-
ing to the central ones, already give rise to moral concern. As I have
mentioned, I believe that the potential for error in assessing whether
people have the necessary basis for a central capability is so great that
we should proceed as if everyone has the necessary basis for all the ma-
jor ones.
This helps me answer Antony's point about men and women, as in
fact I do in my article "Human Capabilities, Female Human Beings"
(HC)Q. If we have determined that the central capabilities are of great
importance in any human life, then the very fact that a woman has the
basic capabilities corresponding to these gives rise to a claim that those
basic powers be developed. I pointed out that Stoic philosopher Musonius
Rufus develops an Aristotelian idea in just this way when he argues for
women's equal education-showing his male interlocutor that he has
tacitly granted that women have the basic equipment necessary for de-
veloping these major human powers. Suppose, now (I argue), someone
says, well, actually, we have two lists of the central capabilities, one for
women and one for men. They have similar basic powers, but what is of
normative centrality differs for the two. Here I examine Rousseau's ver-
sion of that idea, arguing that, in Rousseau's own terms, it is a tragic
failure. Emile cannot be a complete human being without Sophie's sym-
pathy and imagination, and Sophie cannot be a complete person with-
out Emile's self-governance and rational capacity. I argue that Rousseau's
own tragic denouement to their story, in his unpublished conclusion,
shows that he saw this difficulty clearly.
We may add to this point another, connected with the idea of dignity
and nonhumiliation: for, in WHD, I argue that it is always humiliating to
be restricted from certain functionings on the basis of a morally irrele-
vant characteristic. On the other hand, if women fully in possession of
the capabilities on the list want to choose a traditional gender-divided
mode of life, I believe that any good political liberalism should create
spaces for them to do so. This is why fully one-half of VWD is devoted to
42. The whole issue of clashes between capabilities is dealt with at length in Martha C.
Nussbaum, "The Costs of Tragedy: Some Moral Limits of Cost-Benefit Analysis,"Journalof
Legal Studies29, pt. 2 (June 2000): 1005-36.
43. Richard Arneson has disputed this case in an excellent article coauthored with
Ian Shapiro, "Democratic Autonomy and Religious Freedom: A Critique of Wisconsinv.
Yoder,"in Democracy's Place, ed. Ian Shapiro (Ithaca, NY: Cornell University Press, 1996),
pp. 137-74.
128 Ethics October2000
thesis that would resolve the contradiction. I believe that he is correct. If
we notice that right now in India families must choose between adequate
nutrition and the education of their children, we should not ask merely,
"What should they choose?" We should say, first, that this is a tragic
choice in which, whatever families do, they are forgoing something to
which they have an entitlement based upon justice. So we had better
get to work and design a future in which such conflicts do not confront
families.44
45. See Martha C. Nussbaum, PoeticJustice (Boston: Beacon, 1996), and Cultivating
Humanity.
130 Ethics October2000
Obviously it is difficult to know how to balance such respect with the
respect for choice itself as a basic capability, for some comprehensive
conceptions do not highly value choice. That is another reason for my
decision to devote half of WID to problems connected with family and
religion.
It seems to me that respect for persons as equal citizens demands
providing all with all the capabilities, even though we know ahead of time
that some will not be used. Thus, even if we know that the Old Order
Amish will refuse to participate in politics, we should make sure that they
have the same opportunities and capabilities to do so that all other citi-
zens have, even if, as is the case, this means spending money. To behave
otherwise would be to treat them as second-class citizens. Even if we know
that a certain group of people will not use much nutrition and will in
some ways deliberately damage their health-for example, because their
conception says that thinness is a major ingredient of beauty-we would
be treating them with disrespect if we, on that account, withheld from
them the conditions of adequate nutrition and health care.
Arneson is right that some of my examples are hard to assess be-
cause "it is very hard to see how a society, particularly by coarse-grained
measures such as law and social policy, could do anything to promote
functioning beyond providing capability." 46 But that is certainly not true
of all such examples. Many countries make voting compulsory; I would
oppose this, though I do think that all subtle obstacles to voting must be
identified and removed. Often looking at who actually votes and who
does not helps us to identify such subtle obstacles. Again, many countries
require some type of religious functioning of citizens, for example by
making public state functions religious in nature; again, I oppose this.
Of course I support mandatory functioning for children; that may
be the only way to develop an adult capability. Even where adults are
concerned, we may feel that some of the capabilities are so crucial to the
development or maintenance of all the others that we are sometimes
justified in promoting functioning rather than simply capability, within
limits set by an appropriate concern for liberty.47 Thus most modern
states treat health and safety as things not to be left entirely to people's
choices: regulations of food, medicine, and the environment remove
some unhealthy choices from the menu. Such regulations are justified
because of the difficulty of making informed choices in these areas
and because of the burden of inquiry such choices would impose on citi-
zens. In other cases, for example smoking, while outright prohibitions
are justified only to the extent that nonconsenting third parties are af-
fected, it is not unreasonable for the state to promote awareness of the
danger to health in smoking and to campaign rhetorically against it. In
50. Vishakav. State of Rajasthan (1997) 6 S.C.C. 241; see, further, Martha C. Nuss-
baum, "The Modesty of Mrs. Bajaj:India's Problematic Route to Sexual Harassment Law,"
forthcoming in a volume on sexual harassment, ed. Reva Siegel and Catharine MacKinnon
(New Haven, Conn.: Yale University Press). (The "problematic route" in question is not
the route taken by Vishaka,which I endorse, but a route more recently taken through the
criminal law's prohibition on conduct "outraging the modesty of a woman.")
Nussbaum Aristotle, Politics, and Human Capabilities 135
structed gender roles. For the other group, let's call it group T, the es-
sence of feminism is a critique of women's economic dependency, and the
most desirable change is to give women more economic options. Mem-
bers of S are likely to focus on domestic violence, sexual abuse of all sorts,
sexual harassment, and prostitution as the major ills, and they are likely to
criticize a project as insufficiently feminist if its focus is purely economic
and doesn't involve a major component of consciousness-raising. For ex-
ample, the directors of the Mahila Samakhya Project told me that their
proposals had been criticized by other feminists as lacking a feminist
content, on the grounds that the focus of the program is on empower-
ment through economic options. Members of T, by contrast, are likely to
judge that it is counterproductive to talk about domestic violence and
sex roles on coming into a village, and far more productive to talk about
credit, land rights, and employment. They are likely to criticize members
of S for making feminism look threatening and for saying things that
have little resonance in the minds of rural women.
Up to a point, one might think that there is just a strategic issue
here: one group thinks that the economic approach is less threatening
and therefore more effective, while the other group thinks that not to
confront basic issues of gender hierarchy head on is ultimately counter-
productive. The two groups may not even disagree all the time about
strategy: members of S might agree that it is strategically wise to open up
a dialogue by focusing on nonthreatening economic issues, even while
they hold that the real source of women's inequality lies elsewhere and
must ultimately be addressed.
But in fact the split lies deep: the two groups have different intu-
itions about the root cause of women's subordination. Members of S
think that subordination is all about wanting a submissive sexual outlet,
and that the economic aspects of subordination are posterior.5' Mem-
bers of T think that women's subordination is all about men wanting to
control income and property and to have willing domestic servants-to
them, the sexual aspects of women's subordination are posterior.
There are some genuine differences between the two groups. For
example, all members of group S would consider lesbianism an ap-
propriate choice for women wishing to resist domination in a male-
dominated sexual world, while many members of T are religious or con-
servative women who believe lesbianism to be immoral, although they
are committed to campaigning for women's economic self-sufficiency.
(Thus leaders of some organizations aimed at economic empowerment
have conservative attitudes about sexual orientation.) More conservative