Housing studies often draw on what we will refer to as the capabilitarian assumption. However, this assumption – that the capability approach offers the right framework for analysing housing injustice – has received little to no philosophical scrutiny. In this article we aim to fill this lacuna. We examine the prospects of a capability approach to housing justice, focusing on Nussbaum's comprehensive list of basic capabilities. We argue that her list fails to capture fundamental concerns in housing justice and therefore requires further specification. An adequate capabilitarian view on housing justice must integrate relational egalitarian considerations. We draw on a relationally egalitarian informed conception of self-respect as a basic capability to integrate those relational aspects. In doing so we aim to provide the contours of a capabilitarian theory of housing justice.
{"title":"Housing Justice, Basic Capabilities, and Self-Respect","authors":"Niklas Dummer, Christian Neuhäuser","doi":"10.1111/japp.70020","DOIUrl":"https://doi.org/10.1111/japp.70020","url":null,"abstract":"<p>Housing studies often draw on what we will refer to as the capabilitarian assumption. However, this assumption – that the capability approach offers the right framework for analysing housing injustice – has received little to no philosophical scrutiny. In this article we aim to fill this lacuna. We examine the prospects of a capability approach to housing justice, focusing on Nussbaum's comprehensive list of basic capabilities. We argue that her list fails to capture fundamental concerns in housing justice and therefore requires further specification. An adequate capabilitarian view on housing justice must integrate relational egalitarian considerations. We draw on a relationally egalitarian informed conception of self-respect as a basic capability to integrate those relational aspects. In doing so we aim to provide the contours of a capabilitarian theory of housing justice.</p>","PeriodicalId":47057,"journal":{"name":"Journal of Applied Philosophy","volume":"42 4","pages":"1247-1269"},"PeriodicalIF":0.9,"publicationDate":"2025-05-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/japp.70020","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144897560","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Rights of nature (RoN) is an emerging legal tool for strengthening nature conservation, receiving increased scholarly attention and finding its way into domestic legislation. RoN is an innovation in legal thinking often justified with ethical arguments and concepts such as ‘intrinsic value’ or ‘interests’. But there are many challenges with justifying RoN based on such concepts which are rarely considered by RoN advocates, blocking the formulation of stronger arguments. Based on Mary Warnock's discussion of RoN, here I investigate two related claims: (1) that environmental entities can be said to have interests, but (2) while this means that they have moral status, it does not justify concluding that they are rights-holders. By way of critical engagement, I put Warnock's discussion in contact with scholarship on RoN and the scope and grounds of rights, scholarship that has expanded since Warnock's engagement with the concept. Warnock's observations are attentive to the relevance of concepts such as intrinsic value and interests to the environment, but also to their limits, in ways that can benefit RoN scholarship.
{"title":"Mary Warnock's Challenges to Rights of Nature: Accepting Interests, but Not Rights, of Nature","authors":"Patrik Baard","doi":"10.1111/japp.70019","DOIUrl":"https://doi.org/10.1111/japp.70019","url":null,"abstract":"<p>Rights of nature (RoN) is an emerging legal tool for strengthening nature conservation, receiving increased scholarly attention and finding its way into domestic legislation. RoN is an innovation in legal thinking often justified with ethical arguments and concepts such as ‘intrinsic value’ or ‘interests’. But there are many challenges with justifying RoN based on such concepts which are rarely considered by RoN advocates, blocking the formulation of stronger arguments. Based on Mary Warnock's discussion of RoN, here I investigate two related claims: (1) that environmental entities can be said to have interests, but (2) while this means that they have moral status, it does not justify concluding that they are rights-holders. By way of critical engagement, I put Warnock's discussion in contact with scholarship on RoN and the scope and grounds of rights, scholarship that has expanded since Warnock's engagement with the concept. Warnock's observations are attentive to the relevance of concepts such as intrinsic value and interests to the environment, but also to their limits, in ways that can benefit RoN scholarship.</p>","PeriodicalId":47057,"journal":{"name":"Journal of Applied Philosophy","volume":"42 4","pages":"1230-1246"},"PeriodicalIF":0.9,"publicationDate":"2025-05-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/japp.70019","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144897235","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
‘Mass incarceration’, as conventionally understood, refers to an imprisoned population that is both excessive in size and racially skewed in its demographics. However, in contrast to racial skew, the appropriate size of a prison system has largely escaped analysis. This article contributes to analysis of the scale of a prison system in two ways. First, I show why non-controversial principles linking crime to punishment, such as guilt and proportionality, are insufficient. Because incarceration rates are driven more by social policy than by crime, an adequate analysis of scale presupposes an account of what we hope to get out of punishing people in the first place. Second, drawing on a generic crime-prevention account of incarceration, I sketch three increasingly resolving, but also increasingly contentious, conceptions of excess: the Pareto, social welfare, and utilitarian conceptions. Along the way, I briefly consider the trade-off between how committal a theory of incarceration is and its ability to explain what is wrong with mass incarceration, as well as the concern that the social welfare and, especially, utilitarian concepts are excessively paternalistic. The ultimate aim of the article is to contribute to our understanding of mass incarceration as a distinctive normative concept.
{"title":"Excess Incarceration","authors":"Vincent Chiao","doi":"10.1111/japp.70018","DOIUrl":"https://doi.org/10.1111/japp.70018","url":null,"abstract":"<p>‘Mass incarceration’, as conventionally understood, refers to an imprisoned population that is both excessive in size and racially skewed in its demographics. However, in contrast to racial skew, the appropriate size of a prison system has largely escaped analysis. This article contributes to analysis of the scale of a prison system in two ways. First, I show why non-controversial principles linking crime to punishment, such as guilt and proportionality, are insufficient. Because incarceration rates are driven more by social policy than by crime, an adequate analysis of scale presupposes an account of what we hope to get out of punishing people in the first place. Second, drawing on a generic crime-prevention account of incarceration, I sketch three increasingly resolving, but also increasingly contentious, conceptions of excess: the Pareto, social welfare, and utilitarian conceptions. Along the way, I briefly consider the trade-off between how committal a theory of incarceration is and its ability to explain what is wrong with mass incarceration, as well as the concern that the social welfare and, especially, utilitarian concepts are excessively paternalistic. The ultimate aim of the article is to contribute to our understanding of mass incarceration as a distinctive normative concept.</p>","PeriodicalId":47057,"journal":{"name":"Journal of Applied Philosophy","volume":"42 4","pages":"1210-1229"},"PeriodicalIF":0.9,"publicationDate":"2025-05-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/japp.70018","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144897300","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}