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This paper argues that the future of capabilities approach lies on the theoretical development of the democratic political structure. For this purpose, we take into account Martha Nussbaum’s late theoretical works. Firstly, we argue that the capability approach can be divided into two main models: the top down and the bottom up. Nussbaum, for example, endorses a top-down model, which it begins from an abstractive theory of partial justice and then draws the issue of institutional implementation. On the other hand, Amartya Sem advocates the bottom-up model, which starts from the immanent demands of justice from public sphere and then up to normative and abstract questions (like his “idea of justice”). In the second part of this paper, we present Nussbaum’s partial theory of justice, arguing that it is mainly composed by four issues: (a) the elaboration of the list of capabilities, (b) the process of normative evaluation, (c) arguments for stability, (d) the implementation of the model. About this last topic, we argue in the third part that the current theoretical advance of the capabilities approach lies on the issue of the democratic political structure. In other words, the future of capabilities approach depends on the interaction between its own theory and a theory of democracy. Finally, in the last section we provide a re-elaboration of Nussbaum’s threshold level of capabilities (the list) in order to make it more adherent with the democratic political structure.

Teoria parcial de justiça e estrutura política democrática na teoria de Nussbaum