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Wellbeing, Freedom and Social Justice The Capability Approach Re-Examined, 2017a

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2. Core Ideas <strong>and</strong> the Framework<br />

41<br />

the choices made by one person. Rather, the moral relevance lies in<br />

whether capabilities are truly available to us given the choices made by<br />

others, since that is the real freedom to live our lives in various ways,<br />

as it is truly open to us. For example, if a teenager lives in a family in<br />

which there are only enough resources for one of the children to pursue<br />

higher education, then he only truly has the capability to pursue higher<br />

education if none of his older siblings has made that choice before him. 21<br />

<br />

are value-neutral categories<br />

Functionings <strong>and</strong> capabilities are defined in a value-neutral way. Many<br />

functionings are valuable, but not all functionings necessarily have a<br />

positive value. Instead, some functionings have no value or even have<br />

a negative value, e.g. the functioning of being affected by a painful,<br />

debilitating <strong>and</strong> ultimately incurable illness, suffering from excessive<br />

levels of stress, or engaging in acts of unjustifiable violence. In those<br />

latter cases, we are better off without that functionings outcome,<br />

<strong>and</strong> the functionings outcome has a negative value. Functionings are<br />

constitutive elements of human life, which consist of both wellbeing<br />

<strong>and</strong> ill-being. <strong>The</strong> notion of functionings should, therefore, be valueneutral<br />

in the sense that we should conceptually allow for the idea of<br />

‘bad functionings’ or functionings with a negative value (Deneulin <strong>and</strong><br />

Stewart 2002, 67; Nussbaum 2003a, 45; Stewart 2005, 190; Carter 2014,<br />

79–81).<br />

<strong>The</strong>re are many beings <strong>and</strong> doings that have negative value, but they<br />

are still ‘a being’ or ‘a doing’ <strong>and</strong>, hence, a functioning. Nussbaum made<br />

that point forcefully when she argued that the capability to rape should<br />

not be a capability that we have reason to protect (Nussbaum 2003:<br />

44–45). A country could effectively enable people to rape, for example,<br />

either when rape is not illegal (as it is not between husb<strong>and</strong> <strong>and</strong> wife in<br />

many countries), or when rape is illegal, but de facto never leads to any<br />

21 Arguably, some of that work is being done by social choice theorists <strong>and</strong> others<br />

working with axiomatic methods, but unfortunately almost none of the insights<br />

of that work have spread among the disciplines within the capability literature<br />

where axiomatic <strong>and</strong> other formal methods are not used (<strong>and</strong>, presumably, not well<br />

understood). See, for example, Pattanaik (2006); Xu (2002); Gotoh, Suzumura <strong>and</strong><br />

Yoshihara (2005); Gaertner <strong>and</strong> Xu (2006, 2008).

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