Amartya Sen and Law
This volume introduces and collects some of the leading articles on noted economist and philosopher Amartya Sen’s contributions to law and jurisprudence. While Sen has not contributed explicitly to the discipline of law, his scholarship has inspired significant investigations of core jurisprudential subjects. With the publication of The Idea of Justice in 2009, Sen has contributed many notable ideas to important concepts of jurisprudence, challenging notions of universalism and institutionalism in jurisprudential concepts, and contributing his own ideas on justice and equality. He offers fresh insights on the content of democracy and enumerates what good decision making in different contexts might entail. He has written importantly on issues of identity and cosmopolitanism, demonstrating the complexity of modern ideas of diversity, fairness and most importantly, sensitivity to context in assessing policies and governmental strategies. This curated collection of essays seeks to explore what other scholars have made of Sen’s contributions to law and jurisprudence and the achievement of justice at both local and global levels. It includes an introductory essay that provides an overview of Sen’s corpus of work and sorts, defines and explains the issues that are explored more fully in the 14 essays that follow. Those essays engage with different aspect of Sen’s work, addressing his influence on political theory; jurisprudence; law with applications to constitutional theory and adjudication; deliberative democracy; political participation and decision making; human rights; labour law; law and development; gender justice; economic and political development and measurements; and assessment and theories of individual, collective and global justice.
Table of Contents
Part I: Constitutionalism & Justice
- Arun Thiruvengadam and Gedion Hessebon, "Constitutionalism & Impoverishment: A Complex Dynamic" in Michel Rosenfeld and András Sajo (eds.), The Oxford Handbook of Comparative Constitutional Law (OUP: 2012), 153-168.
- Cesar Arjona, Arif Jamal, Carrie Menkel-Meadow, Victor V. Ramraj and Francisco Satiro, ‘Senses of Sen: Reflections on Sen’s Ideas of Justice’, 8 International Journal of Law in Context, 8, 1, 2012, 155-178.
- Martha C. Nussbaum, ‘Capabilities and Human Rights’, Fordham Law Review, 66, 1997-98, 273-300.
- Upendra Baxi, ‘Amartya Sen and Human Rights’, in Human Rights in a Posthuman World – Critical Essays (New Delhi: Oxford University Press, 2009), pp. 30-75.
- Kim Lane Scheppele, ‘Amartya Sen’s Vision for Human Rights—and Why He Needs the Law’, American University International Law Review, 27, 1, 2012, 17-35.
- Charles Gore, ‘Entitlement Relations and "Unruly" Social Practices: A Comment on the Work of Amartya Sen’, The Journal of Development Studies, 29, 3, 1993, 429-460.
- Brian Langille, ‘Labour Law's Theory of Justice’, in Guy Davidov and Brian Langille (eds), The Idea of Labour Law (New York: Oxford University Press, 2011), pp. 101-119.
- Simon Deakin and Jude Browne, ‘Social Rights and Market Order: Adapting the Capability Approach’, in Tamara K. Hervey and Jeff Kenner (eds), Economic and Social Rights under the EU Charter of Fundamental Rights – A Legal Perspective (Oxford and Portland, Oregon: Hart, 2003), pp. 27-43.
- Supriya Routh, ‘A Capability Approach to Labour Law’, in Enhancing Capabilities through Labour Law: Informal Workers in India (New York: Routledge, 2014), pp. 146-180.
- Martha Nussbaum, ‘Capabilities as Fundamental Entitlements: Sen and Social Justice’, Feminist Economics, 9, 2-3, 2003, 33-59.
- Judy Fudge, ‘Labour as a "Fictive Commodity": Radically Reconceptualizing Labour Law’, in Guy Davidov and Brian Langille (eds), The Idea of Labour Law (New York: Oxford University Press, 2011), pp. 120-136.
- Stuart Corbridge, ‘Development as Freedom: The Spaces of Amartya Sen’, Progress in Development Studies, 2, 3, 2002, 183-217.
- David M. Trubek and Alvaro Santos, ‘Introduction: The Third Moment in Law and Development Theory and the Emergence of a New Critical Practice’ in David M. Trubek and Alvaro Santos (eds), The New Law and Development: A Critical Appraisal (Cambridge University Press: Cambridge, 2005), pp. 1-18.
- Bhupinder Chimni, ‘The Sen Conception of Development and Contemporary International Law Discourse: Some Parallels’, The Law and Development Review, 1, 1, 2008, 3-22.
Part II: Human Rights & The Capability Approach
Part III: Labour Law & Social Security
Part IV: Gender & Law
Part V: Law, Development & Democracy in India
Part VI: International Law & Intergenerational Justice
Carrie Menkel-Meadow is Distinguished Professor of Law and Political Science, University of California, Irvine and A.B. Chettle Professor of Law, Dispute Resolution and Civil Procedure, Emerita at Georgetown University, USA.
Victor V. Ramraj is Professor of Law, Chair in Asia-Pacific Legal Relations, and Director of the Centre for Asia-Pacific Initiatives at the University of Victoria, Canada.
Arun K. Thiruvengadam is Professor of Law at the School of Policy and Governance, Azim Premji University in Bengaluru (Bangalore), India.
Supriya Routh is an Assistant Professor of Law at the Faculty of Law, University of Victoria, Canada.