 Moreover, this concern for appropriate procedure should arguably inform not only our response to the limit-setting problem, but to the capability-list problem that we noted above. In a society where there is broad, but not perfect, consensus in support of a Nussbaum-style list of “central human functional capabilities”, the legitimacy of the final capability-list used to help specify the social minimum can be enhanced by subjecting the formulation of the list to a process that has the characteristics of publicity, reasonableness, and contestability noted above (see Sen 1999: 110; Nussbaum 1999: 47–49, for comments along these  lines).[9]  A similar focus on the importance of fair procedure in the specification of the social minimum policy package can be found in Nancy Fraser’s work on the “politics of need interpretation” (Fraser 1989, 1997), and in Amy Gutmann’s and Dennis Thompson’s account of welfare state policy-making in a “deliberative democracy” (Gutmann and Thompson 1996). The use of conditionality, discussed in the previous section, is perhaps a particularly important area in which to make sure that policy-making procedures have these qualities of publicity, reasonableness, and contestability. In societies where there is significant background injustice, it will be very important also to ensure adequate voice in the decision-making process for those who suffer unjust disadvantage.