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<strong>of</strong> <strong>the</strong>ir consequences (Basu & Ravi, 2008). Consequently, Sen has taken<br />

Rawls’ difference principle fur<strong>the</strong>r and validated alternative elements <strong>of</strong> justice.<br />

Sen advanced <strong>the</strong> notion <strong>of</strong> justice as fairness by addressing <strong>the</strong> issue <strong>of</strong> <strong>the</strong><br />

capability <strong>of</strong> persons and institutions to ‘be’ just and ‘act’ justly. Therefore any<br />

<strong>the</strong>ory <strong>of</strong> justice, or a general and adequate <strong>the</strong>ory <strong>of</strong> normative social choice,<br />

has to be concerned with both <strong>the</strong> fairness <strong>of</strong> <strong>the</strong> process involved and <strong>the</strong><br />

equity and efficiency <strong>of</strong> <strong>the</strong> substantive opportunities that people can enjoy (Sen<br />

A, 1980). For this reason Sen, unlike Rawls, included <strong>the</strong> capability <strong>of</strong> good<br />

health and a lack <strong>of</strong> physical incapability as an element <strong>of</strong> equality.<br />

In any discussion <strong>of</strong> social equity and justice, illness and health must<br />

figure as a major concern. I take that as my point <strong>of</strong> departure – <strong>the</strong><br />

ubiquity <strong>of</strong> health as a social consideration – and [note] that health equity<br />

cannot but be a central feature <strong>of</strong> <strong>the</strong> justice <strong>of</strong> social arrangements in<br />

general. The reach <strong>of</strong> health equity is immense.<br />

(Sen A, 2002, p. 2)<br />

Sen explained in his <strong>the</strong>ory that a developed view <strong>of</strong> justice, based on<br />

capability, should not only concentrate on <strong>the</strong> utility <strong>of</strong> an individual’s happiness<br />

but also concentrate <strong>the</strong> use <strong>of</strong> resources in assessing how advantaged a<br />

person is in relation to ano<strong>the</strong>r. This description <strong>of</strong> justice must take account <strong>of</strong><br />

a person’s capability to access <strong>the</strong> enjoyment <strong>of</strong> <strong>the</strong> things a person has reason<br />

to value. The freedom to actually be able to achieve <strong>the</strong> things we want to do is<br />

as important, if not more important, than having access to <strong>the</strong> resources to<br />

achieve what we want to do.<br />

This capability approach to fairness and equity points to <strong>the</strong> assessment <strong>of</strong><br />

social disparities and <strong>the</strong> social consequences <strong>of</strong> such disparities, both for <strong>the</strong><br />

individuals concerned and for communities. Unlike Rawls, Sen drew attention<br />

to <strong>the</strong> notion <strong>of</strong> fairness compared to <strong>the</strong> ‘primary goods’ which he identified as<br />

income, wealth, self-respect and power. He argued that no matter what quantity<br />

<strong>of</strong> <strong>the</strong>se resources (income, wealth, self-respect and power) a person has, <strong>the</strong><br />

lack <strong>of</strong> capacity to use <strong>the</strong>m increased <strong>the</strong> level <strong>of</strong> inequity ra<strong>the</strong>r than reducing<br />

it.<br />

Sen’s reasoning in favour <strong>of</strong> capacity gave a far more advanced view <strong>of</strong> equity<br />

than Rawls reasoning in favour <strong>of</strong> fairness. For example, a person who has<br />

significant wealth but who might be very prone to chronic illness or pain, is not<br />

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