The Capability Approach and the Economics of Labour Law

Author(s):  
Simon Deakin

The implications of the capability approach for the positive and normative analysis of labour law are considered in this chapter. It is argued that the capability approach does not offer a complete theory of labour law and does not, in itself, provide substantive guidance for labour law reform, but that it offers a distinct ontological and methodological perspective which can help to reframe the debate over the economic effects of labour law. In its emphasis on the importance of institutions for creating the conditions for human freedom, and in its advocacy of a range of indicators of human well-being beyond those based on economic growth alone, the capability approach underpins the idea that labour law can play a role in creating the conditions for sustainable development.

2018 ◽  
Vol 10 (7) ◽  
pp. 2485 ◽  
Author(s):  
Rafaela Hillerbrand

This paper reflects on criticisms raised in the literature on the UN’s Sustainable Development Goals (SDGs). These have been criticized as creating a dichotomy between the environment and human beings that fails to address the multiple interconnections between the two. This paper focuses on SDG7—“affordable and clean energy”—and suggests that there is in fact a tripartite distinction between the environment, human beings and technology underlying the SDGs. This distinction, we argue, does not adequately represent the multiple interconnections among the various SDGs and hampers their implementation. We contend that the formulation of SDG7 produces a circular definition of sustainability, a difficulty that is currently resolved at the level of the targets and indicators in a way that regards energy technologies primarily as artifacts. By contrast, the literature on ethical aspects of energy systems largely agrees that energy is a paradigmatic example of a sociotechnical system. We contend that, by not considering this sociotechnical nature, the SDGs run the risk of implicitly defending a certain variant of technological optimism and determinism. We argue that this is disadvantageous to the environment, human well-being and technological development. In line with recent critical evaluations of the SDGs, we argue that these (and other) shortcomings can be addressed by better connecting the SDGs to human well-being. Building on recent literature that expands the scope of the Capability Approach as an alternative measure of well-being so as to include considerations of sustainability, we articulate a framework that allows us to elucidate this connection and thus to take advantage of synergies between human well-being and the environment. On the basis of the Capability Approach, we argue that equating sustainable energy with renewable energy—as is done in the transition from SDG7’s goal to its targets—is indefensible because, as part of the overarching energy systems, energy technologies cannot be classified as simply right or wrong. Rather, the indicators and targets within a framework focused on sustainability need to be (more) context sensitive, meaning that, among other things, they may vary by country and with the available technology.


Author(s):  
Carol Ting

For more than a decade, the Chinese government has poured copious resources into rural informatization as a means to increase agricultural productivity and rural economic growth. Such efforts so far have not produced definite results in rural areas, but increasing economic inequality and rising environmental threats have already forced the government to rethink its growth-centered development policy. Indeed, recent government releases clearly state the resolve to departure from the “GDP obsession” of the past. Meanwhile, the past three decades saw the rise of a powerful alternative development approach—the Capability Approach (CA), which focuses on empowering individuals and sees economic growth as one element of well-being. Given that the CA can potentially help devising a more coherent and holistic framework for Information and communications technologies for development (ICT4D), this paper examines the compatibility between the Capability Approach and the top-down socialist approach towards rural informatization in China. Built on two case studies of rural informatization in rural China, the present paper identifies potential obstacles to the adoption of the Capability Approach and discusses policy implications and suggestions.


Author(s):  
Flavio Comim

AbstractThe paper introduces a poset-generalizability perspective for analysing human development indicators. It suggests a new method for identifying admissibility of different informational spaces and criteria in human development analysis. From its inception, the Capability Approach has argued for informational pluralism in normative evaluations. But in practice, it has turned its back to other (non-capability) informational spaces for being imperfect, biased or incomplete and providing a mere evidential role in normative evaluations. This paper offers the construction of a proper method to overcome this shortcoming. It combines tools from poset analysis and generalizability theory to put forward a systematic categorization of cases with different informational spaces. It provides illustrations by using key informational spaces, namely, resources, rights, subjective well-being and capabilities. The offered method is simpler and more concrete than mere human development guidelines and at the same time it avoids results based on automatic calculations. The paper concludes with implications for human development policies and an agenda for further work.


2006 ◽  
Vol 59 ◽  
pp. 83-110 ◽  
Author(s):  
Mozaffar Qizilbash

Philosophical accounts of human well-being face a number of significant challenges. In this paper, I shall be primarily concerned with one of these. It relates to the possibility, noted by Martha Nussbaum and Amartya Sen amongst others, that people’s desires and attitudes are malleable and can ‘adapt’ in various ways to the straitened circumstances in which they live. If attitudes or desires adapt in this way it can be argued that the relevant desires or attitudes fail to provide a reliable basis for evaluating well-being. This is, what I shall call the ‘adaptation problem’. Nussbaum and Sen have—in different ways used this argument to motivate their versions of the ‘capability approach’. However, questions remain about the implications of adaptation for philosophical accounts of well-being.


2021 ◽  
pp. 61-78
Author(s):  
Icy Fresno Anabo ◽  
Iciar Elexpuru-Albizuri ◽  
Lourdes Villardón-Gallego

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