Recognising Capabilities: The Importance of Recognition for Human Flourishing

This article aims to enrich critical sociolegal scholarship and methodological approaches within the field of capability theory by introducing ‘recognising capabilities analysis’. The recognising capabilities analysis embeds Nancy Fraser's theory of recognition (particularly her concept of parity of participation), into the capability paradigm. It examines the particular role of law and legal regulation in determining the relationships of (mis)recognition operating between the state and disadvantaged groups. Systemic misrecognition tends to entrench disparities in participation. It sets up cycles of disadvantage which prevent marginalised individuals from realising greater capabilities and securing equal access to the basic goods, services, and social spaces essential for a liveable human life. The recognising capabilities analysis provides a useful normative and analytical device for identifying and challenging diverse forms of structural disadvantage and injustice.