인권의 철학적 기초: 누스바움의 역량 접근법에서 인간존엄

This article attempts to identify the concept and nature of capability and human dignity in Martha Nussbaum’s capability approach as the philosophical foundation of human rights. Nussbaum presented the normative request that the capabilities should be developed in order to become a state in which human beings can realize the true function. This principle is called “a principle of each person’s capability”. According to Nussbaum, this principle is created by interpreting Kant’s formality of humanity to treat human beings for purposes other than means. Therefore, this essay focuses on how Nussbaum reconstructs Kant’s formality of humanity and how it differs from Kant’ s concept of dignity. First of all, how Nussbaum reconstructs Kant’s humanity formula and how it differs from Kant’s concept of dignity are discussed. Second, this course explores the concepts of capabilities and human dignity that are central to Nusbaum’s capabilities approach. Third, this identifies the tensions that exist within Nussbaum’s approach and suggests directions to address them. In particular, if we focus more on the implementation of capabilities in terms of the practice of ensuring and realizing human rights, it would be effective to establish a solid foundation for achievement dignity and standards in order to enforce it. Finally, if the capabilities approach becomes the philosophical basis of human rights, some suggestions are offered for the implementation of capabilities in terms of human rights realization.