What Should a Human Being Be Able to Do and to Be?
Martha Nussbaum and the Concrete Face of Justice
Justice is often discussed in abstract terms.
We speak of equality, freedom, rights, distribution, and human dignity. These words are necessary. They give us a language with which to criticise power and describe the principles on which a society ought to be built. Yet the words can also remain at a distance from human life.
A society may declare that everyone is equal in dignity while still being organised in such a way that some people cannot enter its buildings, understand its information, express their will, or participate in the communities where decisions are made.
The right exists on paper.
The opportunity is absent from life.
It is in this gap that Martha Nussbaum’s philosophy begins. She does not ask only which rights a person formally possesses. She asks what that person is actually able to do and to be within the conditions society has created.
The question is simply formulated, yet far-reaching:
What should every human being have a genuine opportunity to do and to be in order to live a life consistent with human dignity?
With this question, Nussbaum turns the gaze of justice away from abstract principles alone and towards concrete human life. She does not ask first how many resources a person has been given, but what those resources actually make possible. She does not ask only whether people have been treated equally, but whether they have in fact been given genuinely equal opportunities to live.
Justice thereby acquires a face.
The Human Being Behind the Theory
Political theories often begin with an idea of what a human being is.
This starting point is decisive, even when it is not stated explicitly. If the human being is imagined as rational, independent, and productive, society will be organised around those qualities. The person who can plan their own life, negotiate their interests, and contribute economically will easily appear as the typical citizen.
But who remains at the margins of the theory?
Often it is the person who needs help to understand, choose, and act. The child. The seriously ill person. The older person who has lost parts of their memory. The person with extensive cognitive disabilities. The person who cannot make themselves understood in society’s preferred language.
Such people may of course be included in a theory. They may receive care and protection. But they often enter only after the basic image of the citizen has already been drawn.
Nussbaum challenges this starting point. She argues that dependence, embodiment, and vulnerability are not special cases to be added later. They belong to human life itself.
We are born dependent on others. We live in bodies that may become ill or injured. We may lose abilities we once possessed. We need relationships in order to develop language, identity, and security. Even the most independent citizen depends on institutions, nature, care, and the work of other people.
The autonomous human being is therefore not the whole truth about humanity.
Nussbaum begins instead with a living, embodied, and relational human being. This person has needs, emotions, imagination, and the capacity to form attachments. They may flourish, but they may also be violated. They may act, but they are never completely independent.
A theory of justice must fit this human being, not an idealised creature none of us fully is.
From Resources to Opportunities
It is possible to distribute resources equally and still produce unjust outcomes.
Two people may receive the same sum of money, yet have very different possibilities of converting it into a good life. A wheelchair user may need more expensive transport or an adapted home. A person with serious illness may spend considerable resources simply maintaining the health others take for granted. A person with cognitive difficulties may need support to understand and use schemes that are formally available.
The same is true of rights. A right to education means little if the teaching cannot be understood. A right to work means little if the workplace is inaccessible. A right to political participation means little if information, premises, or support arrangements exclude people.
Nussbaum therefore directs attention towards what resources and rights are transformed into in people’s actual lives.
This is the core of her Capabilities Approach.
The English word capabilities is difficult to translate precisely. It does not primarily refer to inner abilities or skills. It concerns opportunities to which a person has genuine access. We might call them opportunities for action, opportunities for living, or enabling conditions.
What matters is not only what a person can do through their own power.
What matters is what the person has the opportunity to do in interaction with their social, political, economic, and material environment.
Some of the responsibility is thereby shifted from the individual to society.
When a person cannot participate, we should not automatically ask what is lacking in the person. We must also ask what is lacking in the environment.
Ability and Opportunity
The distinction between ability and opportunity is crucial.
A person may have the ability to move, but not the opportunity to enter a building because stairs block the way. Another person may have limited mobility and yet have a good opportunity to participate because the surroundings are accessible.
In the same way, a person may have the ability to express wishes, yet lack the opportunity to be heard. The person may speak slowly, use few words, or communicate through signs and bodily expressions. If no one gives them time or tries to understand, their voice effectively disappears.
The problem does not then lie entirely within the individual.
It also lies within the encounter.
This perspective challenges the medical understanding of disability as a characteristic of the body alone. An impairment may be real and significant, but the degree of disability also arises in the relationship between the person and the environment.
The staircase creates disability for the person who cannot walk. Inaccessible language creates disability for the person who needs simplified information. The rapid conversation creates disability for the person who needs more time.
Justice is therefore not only about repairing or training the individual.
It is also about changing the world.
A Life Consistent with Human Dignity
Nussbaum connects capabilities to human dignity. A just society must secure for every person access to a level of central opportunities that makes it possible to live a life of human dignity.
This does not mean that public authorities should determine how people must live.
Nussbaum distinguishes between capabilities and actual functionings. A capability means that a person may choose to do something, but is not compelled to do it.
A person should, for example, have the opportunity for political participation. But they should not be forced to engage in politics. They should have the opportunity to enter social relationships, but also the right to withdraw. They should have the opportunity for play and enjoyment, but not be required to participate in prescribed activities.
This protects freedom.
The task of society is not to produce identical lives. It is to create conditions in which different people can choose and develop lives in accordance with their own values, circumstances, and interests.
Justice therefore contains both something universal and something personal.
The universal is that all human beings should have access to basic opportunities for living.
The personal is how each individual chooses, or with support is helped, to shape their particular life.
The Ten Central Capabilities
Nussbaum proposes a list of ten central capabilities to which every human being should have access. The list is not intended as a complete description of the good life. It is rather a political minimum, a threshold below which a just society should not allow people to fall.
The capabilities include life, bodily health, bodily integrity, senses, imagination and thought, emotions, practical reason, affiliation, relation to other species, play, and control over one’s environment.
At first glance, the list may appear to be a simple enumeration. Yet it expresses a rich view of the human being.
The human being is not merely a body to be kept alive.
It is a sensing, thinking, feeling, and relational being. It needs security, but also freedom. It needs care, but also the opportunity to act. It needs seriousness, but also play. It needs other people, but also private space and influence over its own life.
The list therefore shows that justice cannot be reduced to income, health, or physical safety alone.
A person may be well nourished and medically cared for, yet still live without close relationships, privacy, participation in decisions, or joy.
Such a life is not necessarily organised justly.
Life
The first capability concerns life itself.
A person should have the opportunity to live a life of normal human length and not die prematurely or live under conditions so diminished that life loses its human possibilities.
This appears to be the most fundamental point. Without life there are no other capabilities.
Yet the right to life is not only a matter of preventing death. It also concerns which lives society chooses to protect and which lives are regarded as less valuable.
People with severe disabilities have throughout history been subjected to the belief that their lives are less complete. Sometimes this has been expressed brutally. At other times it appears in more concealed judgements about quality of life, worthiness for treatment, and social cost.
Nussbaum’s starting point is that a life does not lose its dignity because it depends on assistance.
The right to life also belongs to the life that cannot defend itself.
Bodily Health
The second capability concerns bodily health: access to nourishment, housing, medical care, and conditions that make physical development possible.
Health is not merely a private project.
People’s health is shaped by housing, economy, working conditions, environment, relationships, and access to services. Bodily health therefore also becomes a question of justice.
Two people may receive the same medical treatment yet have very different opportunities to live healthily. One has secure housing, knowledge, transport, and people who can follow up. The other lives with unpredictability, poverty, or social isolation.
It is not sufficient to offer the same service when the conditions for using it are unequal.
For people who need long-term care, bodily health becomes closely linked to the quality of everyday life. Sleep, food, activity, safety, and continuity are not minor details. They constitute the world of the body.
Just care must therefore see the whole person’s life situation, not only the diagnosis.
Bodily Integrity
Bodily integrity concerns the ability to move freely, be protected from violence and abuse, have sexual self-determination, and exercise control over one’s own body.
This becomes particularly demanding when a person needs help with intimate care.
Assistance with washing, dressing, using the toilet, and medical treatment may be necessary. But necessity does not suspend human integrity. On the contrary, it intensifies the responsibility of the helper.
There is a difference between completing a task and meeting a human being.
Bodily assistance can be given in a way that protects privacy, choice, and dignity. It can also be provided so quickly and routinely that the body is treated as a field of work.
The person receiving assistance may depend on the employee’s hands.
But the body still belongs to the person.
Bodily integrity therefore requires more than the absence of violence. It requires respect for boundaries, pace, gender, safety, and the right to say no.
Senses, Imagination, and Thought
Nussbaum includes the capability to use the senses, imagine, think, and reason. This presupposes education, access to culture, freedom of expression, and the possibility of religious or philosophical development.
It is an important point that justice also concerns the person’s inner world.
The human being needs more than care and protection. It needs access to knowledge, art, language, nature, music, and stories. It needs the opportunity to develop imagination and understand the world.
This also applies to people with cognitive disabilities.
Low expectations can become a form of injustice. When society assumes that a person cannot learn, understand, or enjoy cultural expression, opportunities are reduced before the person has even been allowed to try.
Education and culture must therefore not be reserved for those who can perform in society’s usual ways.
People learn differently. They express understanding differently. But the need for meaning and stimulation belongs to human life.
Emotions
Nussbaum gives emotions a central place.
A person should be able to form attachments to people and things, love those who love and care for them, grieve over absence, and experience longing, gratitude, and justified anger. Society should not shape people’s lives in ways that destroy emotional development through fear and anxiety.
This is remarkable within a theory of justice.
Emotions are often regarded as private and politically irrelevant. Nussbaum shows, by contrast, that society influences which relationships people can form, how secure they can be, and whether they are allowed to retain the attachments that give life continuity.
For people who receive extensive services, frequent changes of staff and service providers can create ruptures. From the perspective of the system, these may be administrative changes. For the person, they may mean the loss of someone they have learned to trust.
Attachment takes time.
When relationships are repeatedly broken, it is not only well-being that is affected. A central human capability is weakened.
Justice must therefore also take emotional life seriously.
Practical Reason
Practical reason concerns the ability to form a conception of the good and critically reflect on the planning of one’s own life.
This point may seem difficult when we think of people with severe cognitive disabilities. Can everyone form a coherent conception of the good life?
Nussbaum’s answer is not that everyone must do so in the same way or without assistance.
Practical reason can be supported. A person may need others who help clarify alternatives, understand reactions, and build a life around that person’s interests and values.
What matters is that life is not shaped solely by other people’s ideas of what is good.
A person may not be able to formulate a long-term life plan. But she may show clear preferences. She may like some people and avoid others. She may seek particular activities, places, or rhythms.
These expressions must be taken seriously as parts of her conception of the good.
Justice does not require all people to become equally autonomous.
It requires that supported will also be given significance.
Affiliation
Affiliation is one of Nussbaum’s most central capabilities.
It involves being able to live with and in relation to other human beings, show concern, participate in different forms of social interaction, and imagine another person’s situation. It also involves having the social basis for self-respect and being treated as a person of equal worth.
Here the personal and the political meet.
Affiliation concerns friendship, love, and community. But it also concerns discrimination, status, and public recognition.
A person cannot create self-respect entirely alone. Self-understanding is shaped by how others meet us. If a person is continually ignored, underestimated, or treated as a burden, it becomes harder to experience oneself as equal.
Self-respect requires a social basis.
This means that dignity is not only an inner quality. It must be confirmed through institutions, relationships, and practices.
Being invited, listened to, and counted is therefore not merely a pleasant addition to life.
It is justice.
Other Species
Nussbaum also includes the capability to live with concern for and in relation to animals, plants, and nature.
This demonstrates the breadth of her view of humanity. The human being does not live only in political institutions and social relationships. It also lives in a more-than-human world.
For many people, animals, gardens, forests, and landscapes have great significance. Nature may provide calm, belonging, and an experience of meaning. A person who struggles with complex social communication may experience an immediate connection with animals or particular places.
Access to nature can therefore be part of a good life, not merely a leisure activity for those with sufficient money and physical ability.
When institutions and homes are planned, the relationship to nature can easily be forgotten. Yet a room without a view, a daily life without fresh air, and a life without contact with living surroundings may be a serious restriction.
Justice also concerns the human being’s place in nature.
Play
That play appears on the list of central capabilities is both surprising and important.
Play is often associated with children or with something one may enjoy after serious needs have been met. Nussbaum makes play part of justice.
A person should be able to laugh, play, and participate in recreation.
This reminds us that a dignified life is not merely a safe life. It must also contain joy, spontaneity, and unproductive time.
Within services, life can easily be organised around goals, interventions, and development. Activities must have a purpose. Training must improve a skill. Social interaction must be part of a plan.
But something deeply human arises precisely when an action does not have to be justified by usefulness.
We sing because singing brings joy. We play because the game is enjoyable. We joke, laugh, and repeat something without it having to produce a measurable result.
A society that secures survival but provides no room for joy has not yet secured a fully human life.
Control over One’s Environment
The final capability concerns control over one’s political and material environment.
Politically, this means being able to participate in elections and decisions that affect one’s life. Materially, it concerns property, work, and the opportunity to be treated as an acting person in working life.
For people receiving services, political influence often begins close to home.
Who enters the home? When is assistance provided? What does the day look like? Which people does the person wish to spend time with? Which risks is she willing to take?
These are not merely practical questions.
They concern power.
A person who cannot influence their own everyday environment can hardly experience full citizenship. Even if others act with care, the person remains outside the decisions that shape life.
Influence therefore requires that services do not merely ask what the person thinks, but allow the answer to have consequences.
There is a difference between being heard and having influence.
Justice requires both.
A Threshold, Not a Maximum
Nussbaum understands the central capabilities as a threshold. Society should ensure that everyone rises above a certain minimum level.
This is not the same as creating complete equality in every aspect of life.
People will have different interests, abilities, relationships, and life projects. Nussbaum does not want the state to eliminate every difference. But no one should be abandoned to a life in which basic human capabilities are absent.
The threshold makes the theory both ambitious and limited.
It is ambitious because it demands more than formal freedom. Society must actively create conditions that enable people to live dignified lives.
It is limited because it does not prescribe what the good life must look like beyond the threshold. People may choose differently and give different things priority.
But the threshold raises difficult questions.
How high should it be set? Who should decide what is sufficient? How should different capabilities be weighed against one another when resources are limited?
Nussbaum’s list does not resolve every political conflict.
But it makes the conflicts clearer.
It forces us to ask which parts of human life we are willing to allow some people to lack.
Can the Good Life Be Defined?
A common objection to Nussbaum is that she describes the good life too concretely.
What gives the philosopher the right to decide which capabilities all human beings should value? Can the list become paternalistic? Can it impose a particular Western understanding of human development on other cultures?
These are serious questions.
Amartya Sen, who has also developed the capability approach, has been more reluctant to formulate a fixed list. He argues that which capabilities should be prioritised ought to be determined through public discussion and democratic processes.
Nussbaum responds that her list is open to revision and that its points are framed at such a general level that they can be realised in different ways across cultures and forms of life.
Play can take many forms. Affiliation may be lived through different families and communities. Practical reason may be expressed through different worldviews. Political participation may be organised in different ways.
Yet the tension remains.
A theory of justice must, on the one hand, respect pluralism. On the other, it must be able to criticise societies in which people are denied basic freedom, health, integrity, and participation.
If we say that all forms of life are equally valid, we may lose the language needed to criticise oppression.
If we define the good life too precisely, we may ourselves become oppressive.
Nussbaum’s list is an attempt to move between these extremes.
The Freedom to Choose Differently
The capability approach distinguishes between having an opportunity and making use of it.
This protects the human right to choose differently from what others expect.
A person may have access to education without wanting a long academic education. They may have opportunities for social participation but prefer a quieter life. They may have access to work but choose other forms of activity.
A just society makes capabilities available without turning them into demands for performance.
This is particularly important for people with disabilities. Inclusion may otherwise slide into pressure to live as much like the majority as possible.
The person should be included, but must not have to prove their worth by becoming normal.
The goal of justice is not normality.
It is dignity and genuine freedom.
This also includes the right to a life in which one needs others. Independence should not be understood as the absence of help, but as the opportunity to influence how assistance is given.
A person may be extensively dependent and still possess self-determination.
Freedom can be relational.
Care as Part of Justice
Traditionally, care has often been placed outside theories of justice. Justice has concerned public institutions, laws, and distribution, while care has been regarded as private, familial, and emotional.
Nussbaum breaks down this distinction.
If human beings need care in order to develop and exercise basic capabilities, then care becomes part of justice.
A child needs care in order to develop language, emotions, and practical reason. A sick person needs care to preserve health and integrity. A person with extensive disabilities may need support to express wishes, form relationships, and influence their environment.
Care is therefore not merely kindness.
It is a condition of social life.
But this also means that care work itself must be organised justly. Those who provide care need opportunities for health, rest, work, and participation. If society shifts responsibility for care onto families, often women, without sufficient support, new injustice is created.
Justice must include both the person who needs care and the person who provides it.
The Professional as a Creator of Possibilities
Nussbaum’s theory has particular significance for health and social work practice.
The professional can be understood as someone who helps expand or restrict another person’s field of possibilities.
This is a great responsibility.
A social worker, disability support worker, nurse, or personal assistant does not merely provide a specific service. Through the manner in which the service is provided, the professional influences the person’s access to integrity, affiliation, self-determination, and participation.
The same assistance can be given in different ways.
A person may be transported to an activity without becoming a participant. They may receive food without having influence over the meal. They may be physically safe without feeling safe. They may receive many services and still possess few opportunities for living.
Professional work must therefore ask more than whether the task was completed.
Which capability was strengthened?
Which may have been weakened?
Did the action contribute to the person having greater ownership of life, or did it make them more passive and dependent?
This is practical philosophy in its most concrete sense.
When Capabilities Conflict
The central capabilities may come into conflict with one another.
Bodily health may conflict with freedom. A person may wish to live in a way that involves health risks. Integrity may conflict with the need for protection. Affiliation may conflict with privacy. Economic limits may restrict opportunities for continuity and individual adaptation.
Nussbaum’s list does not always provide a simple answer.
That does not make it useless. On the contrary, it allows us to see what is actually at stake.
When a service restricts a person’s freedom for the sake of health, both values must be made visible. When housing is organised efficiently but residents’ privacy is weakened, the loss of integrity must be described as a real loss.
Without such a language, administrative considerations may appear neutral and inevitable.
Justice requires that what is lost also be given a name.
The Concrete Face
What should a human being be able to do and to be?
It may be tempting to answer with large words: to live freely, develop, participate, and be respected.
Nussbaum’s contribution is to make the words more concrete.
To live freely may mean being able to decide who enters one’s home.
To participate may mean receiving information in a language one understands.
To have bodily integrity may mean that someone knocks before entering.
To have affiliation may mean being allowed to keep a helper one has learned to trust.
To exercise practical reason may mean that a refusal is given time to be heard.
To have the capability for play may mean that not every activity must have a therapeutic goal.
Justice reveals itself in such details.
It lives not only in constitutions and conventions, but in rooms, routines, conversations, and ways of touching another human being.
The concrete face of justice is the face of the person asking to have control over their own life.
A Society Judged from Below
Nussbaum’s theory invites us to judge society from below.
Not first from the perspective of the strong, efficient, and articulate citizen, but from the perspective of the person who encounters the greatest number of obstacles.
Can this person enter?
Can she understand?
Can he be heard?
Can the person form attachments, protect their body, use their senses, play, and influence their own daily life?
A society may appear free and just to those who fit comfortably within its institutions. The real test arises with those who need the institutions to change.
The person with the greatest need for adaptation reveals society’s hidden assumptions.
The staircase shows for whom the building was planned.
The difficult language shows for whom the information was written.
The rapid decision shows whom people expected to be able to keep up.
By looking from the margins, we rediscover the centre.
The Human Being as an End
Nussbaum’s theory rests on a simple but demanding conviction:
Every human being should be treated as an end, not merely as a means to the interests of others or to society’s production.
A person is not valuable because they contribute to economic growth. They are not valuable because they can defend their rights or repay care.
They are entitled to justice because theirs is a human life capable of experience, relationship, joy, and suffering.
This does not mean that every person can realise every capability in the same way. Body, health, and cognitive circumstances impose real limits.
But these limitations do not release society from asking what can be made possible.
Justice does not mean promising that everyone can become anything.
It means refusing to turn socially created barriers into individual destinies.
What Do We Owe One Another?
The question of what a human being should be able to do and to be leads to another question:
What do we owe one another?
Nussbaum’s answer is more extensive than a right to be left alone. We owe one another social conditions that make basic human capabilities real.
This means schools able to accommodate difference, accessible housing, services that support self-determination, and communities in which people can belong.
It also means a language that does not reduce human beings to burdens, diagnoses, or costs.
We owe one another the building of a world in which vulnerability does not lead to exclusion.
This obligation is not without limits. Society must prioritise, and not every wish can be fulfilled. But priorities must be made within an understanding of what a dignified human life requires.
The economy must serve human life.
Human life cannot merely be adapted to the economy.
The Concrete Face of Justice
Nussbaum’s philosophy does not provide a simple blueprint for the just society. It offers something else: a set of questions that can bring large principles closer to human life.
Not only: Does the person have a right?
But: Can the right be exercised?
Not only: Has the person received a service?
But: Which capability for living does the service create?
Not only: Has everyone been treated equally?
But: Do they have genuinely equal opportunities?
Not only: Is the person safe?
But: Do they also have freedom, affiliation, joy, and influence?
This is the concrete face of justice.
It is not an abstract ideal floating above everyday life. It meets us in the individual person’s body, home, relationships, and hopes.
And perhaps this is the most important lesson in Nussbaum:
A society is not just because it has formulated beautiful principles.
It is just to the extent that every person is actually given the opportunity to live.
To feel and think.
To form attachments.
To participate and withdraw.
To play, choose, and influence.
To be vulnerable without losing dignity.
The question is therefore not only what a human being can do through their own power.
The question is what we, through society and through our actions, make possible for one another.
The question is therefore not only what a human being can do through their own power.
The question is what we, through society and through our actions, make possible for one another.
This essay is written from my notes and many lectures on the subject for students i Social Work. It is developed though a conversation wit OpenAI/ChatGPT, which also made the illustration.