Preserving the equal liberty of all

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According to Rawls, justice is about preserving the equal liberty of all (the principle of equal liberty) and guaranteeing the fair equality of opportunity for all and a fair distribution of resources (the difference principle). These principles of justice are arrived at from behind a “veil of ignorance”: people deliberating about how to organize a pluralistic society should not know the particulars of their lives—economic, racial, gender, and so on. That information would impede rational deliberation and cloud people’s judgments, influencing them in the wrong kind of way. The veil of ignorance guarantees fairness in the outcome of deliberation.

In contrast, Nussbaum argues that the prevailing Rawlsian distributive model for understanding and implementing just institutions is flawed. We cannot arrive at a just society of opportunities, or capabilities, for all unless we begin by understanding the lives of each as equally valuable. We need to know the particulars, start from understanding people’s actual lives and the constraints they might be facing. Then we can enable individuals to exercise their capabilities and live good human lives, dignified lives.

Prompt
Do you find Nussbaum’s objection to the Rawlsian distributive model convincing? Is she right that we should legislate and come up with policies understanding fully how individuals are situated in the nonpolitical world, that is, what their compounded personal and background conditions are and how they affect their capabilities? Why or why not?

Do you agree with Nussbaum that a just political order is one that enables all the capabilities on her list for everyone and as a matter of human dignity? Is the list too much, too little, or just right? Either way, refer to at least three on the list to illustrate your claim.

 

 

Sample Solution

right with open arms, suggesting confidence and self-control, (Underman Boggs 2011). This is mirrored by the patient, promoting a comfortable atmosphere and allowing the patient to disclose information about their health. Healthcare professionals should consider nonverbal cues expressed by their patients as a way of identifying emotions. For example a ‘slumped, head down posture might indicate low self-esteem’ states Underman Boggs, (2011, p.104). Equally, distances between communicators act as nonverbal messages but what is deemed socially acceptable varies between cultures. In the video the distance is continuously maintained at an equal level which erases perceptions of a power relationship, (Kraszewski and McEwen, 2010). However, in practice the proxemics between the nurse and patient are often broken, such as when giving physical care. In turn, patients of all cultures could misinterpret the actions of care, (Underman Boggs, 2011). Similarly, this relates back to gestures in that different hand movements and signs could be received in offence by other cultures, (Royal Collage of Nursing (RCN) 2004). Therefore, healthcare professionals should have an understanding of cultural diversity and value the differences, otherwise known as ‘respectful curiosity’, (Giger et al., 2007). Furthermore, the use of direct eye contact throughout the ‘Persuasion’ video creates a feeling of credibility and confidence in the speaker which is reinforced by Underman Boggs (2011, p.104) who states that ‘maintaining eye contact communicates honesty’. This therefore enables the patient to trust the speaker in the advice given on lowering sugar intake and strengthens the positive therapeutic relationship that has been identified. However, personal use of this communication in practice can be misjudged and for some cultures prolonged eye contact communicates aggression, (Sellman and Snelling, 2010). Similarly, barriers occur when communicating with patients who have sensory learning disabilities and those on the autistic spectrum who are inclined to avoid eye contact. Research carried out by Phoebe Caldwell (2010) has suggested that the observation and replication of body language, including vocal behaviour, can be used to initiate meaningful conversations, otherwise known as ‘Intensive Interaction’. As the interactions develop they supp

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