In this paper, I analyse Martha Nussbaum?s view of how we should treat non-human animals, which she links to her capabilities approach. This approach offers a conception of justice or, as Nussbaum puts it, a collection of fundamental rights that specify some of the necessary elements for a just society. In addition to justice for human beings, this approach includes animal rights. The basis for the discussion consists of two elements that justify the claim that every animal deserves to live (...) a life that is characteristic of a member of its species. The first element is dignity, and the second is sympathetic imagination. The intention of Nussbaum?s approach is to represent an improvement on the social contract tradition, by offering a more encompassing theory of justice. In her view, the capabilities approach, contrary to the theories of social contract, has principled resources that allow it to include, among else, non-human-animals in the domain of justice. However, the contribution of my paper consists in showing the problems I observe in Nussbaum?s theory. These problems are related to the insufficient definition of basic concepts and to the fact that in Nussbaum?s theory, non-human animals remain, across various situations, only a means of serving human needs. The consequence is that non-human animals are not included in the domain of justice which, after all, is Nussbaum?s fundamental ambition. (shrink)

In the article, we consider the objections of the capability approach to Rawls’s theory of public justification. The objection is that Rawls’s theory is considered with an exclusive focus on reason and rationality as essential properties of justice, excluding from the domain of justice people who do not possess these properties (such as people with severe cognitive impairments). We point out the shortcomings of the alternative proposal to the capability theory, which is based on the dignity of the species, because (...) we claim that no valid normative conclusions can be derived from the concept of the species. We conclude by adopting a model of public justification according to which duties and rights are determined by reasonable people (ideal legislators). Reasonable people impartially judge the principles of justice even for those who do not participate in the process of justification but deserve the recognition of rights by universalizing these rights. Through universalization, they justified these rights for themselves and for those they represented by presenting adequate representatives in the process of justifying the principles of justice for those who do not have the capability to be reasonable and rational. (shrink)