A Capabilities Approach to the Non-Identity Problem

Most recent attempts at solving the Non-Identity Problem have focused on providing a deontological solution to the problem, often by giving special attention to rights. In this paper, I argue for a solution that focuses on highlighting the morally permissible second-personal reasons and claims that nonidentity victims may have. I use a natural marriage between a Kantian conceptualization of what it means to be free and equal—being one’s own master—and Nussbaum’s Capabilities Approach to identify the rights that all individuals, current and future are assigned. I claim that these rights, or capabilities, are what all are entitled to master for themselves in the Kantian sense. I conclude with a solution that produces intuitively correct results and dissolves the nonidentity problem altogether