本文主要透過提出「分層思考」解釋模式，作為展示及解決上述三大問題的方向。在第一個論題部份，透過若干中層的「道德原則」作為能力進路之具體化，用以解決倫理爭議的依據；其中，就「尊重生命原則」、「不傷害原則」及「仁愛原則」之詮釋，確立能力進路尊重並促進所有個體的能力發展，並且不傷害具有感知能力的生命；而「能力分層原則」及「生命價值序列原則」，則是透過能力的重要性以及生命價值序列的高低，做為解決衝突的依據。其他諸如「人道原則」與「修正原則」等等，則是作為補充的說明。藉由這些原則的建構，能力進路得以確實解決各種動物倫理議題，包括實驗動物與經濟動物之倫理問題。在第二個論題的部份，則是藉由修正「契約協議」的原理，援用史坎龍(Thomas Scanlon)的「他人無法合理拒絕的理由」，作為消解能力進路在社會契約論的定位模糊之問題。在最後一個論題的部份，則是透過對於道德根源的探究，即納斯邦的道德情感之論述中作為價值根源之「憐憫之情」，作為解決「實然－應然問題」之基礎。本文透過這些觀點的論述與說明，不僅使納斯邦的論述更臻於完善，亦解決動物倫理學中的各項爭議。 ;This dissertation explores Nussbaum’s capabilities approach and shows how she establishes the basic entitlements of animals with this approach. In this dissertation, I try to point out the shortcomings of Nussbaum’s theory. In due course, it is reconstructed and revised and a number of important issues in animal ethics are resolved. My dissertation concerns with three main issues. First, I find that Nussbaum did not provide a clear discourse from capabilities approach to solve the conflicts between humans and animals in their respective capabilities development and she suggested that animals need to be sacrificed for human interests. This is clearly unsatisfactory. Second, since Nussbaum dismissed the foundational conceptions such as rationality and social agreement of traditional theory of justice, the relation of her capabilities approach with the contractarian tradition is somewhat vague and unclear. Third, the long time dispute of “is-ought problem” in animal ethics, which not even renowned theories of Singer’s and Regan’s could escape, and a solution for this problem is proposed.
In this thesis, I employ the model of “levels of thinking” to deal with these three issues. For the first problem, I try to construct and employ certain mid-level moral principles in order to arrive at a proper and justifiable way for the solution of the conflicts of capabilities development between human and animal. The three main principles are respect for life, non-maleficence and beneficence. They imply that we have to respect and protect the development of capabilities of all individuals especially those sentience ones. While the principle of differentiation of levels of capabilities and the principle of comparison of order of life values are the basic principles for the solution of conflicts. Moreover, the principle of humanity and the principle of revisability provide additional explanations to help solve possible conflicts. With these principles, the capabilities approach could indeed solve animal issues like experimental animals and animal farm factory. Besides clarifying some of the vague points of Nussbaum’s theory, I elaborate Thomas Scanlon’s idea of “others could not reasonably reject” to fortify its position. Finally, I re-interpreted the Nussbaum’s idea of compassion and using it as the source of morality in order to solve the “is-ought problem”. As a result, it makes Nussbaum’s theory more capable to solve various issues of animal ethics.
