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A distinguished professor of law and philosophy at the University of Chicago, a prolific writer and award-winning thinker, Martha Nussbaum stands as one of our foremost authorities on law, justice, freedom, morality, and emotion. In From Disgust to Humanity, Nussbaum aims her considerable intellectual firepower at the bulwark of opposition to gay equality: the politics of disgust.Nussbaum argues that disgust has long been among the fundamental motivations of those who are fighting for legal discrimination against lesbian and gay citizens. When confronted with same-sex acts and relationships, she writes, they experience "a deep aversion akin to that inspired by bodily wastes, slimy insects, and spoiled food--and then cite that very reaction to justify a range of legal restrictions, from sodomy laws to bans on same-sex marriage." Leon Kass, former head of President Bush's President's Council on Bioethics, even argues that this repugnance has an inherent "wisdom," steering us away from destructive choices. Nussbaum believes that the politics of disgust must be confronted directly, for it contradicts the basic principle of the equality of all citizens under the law. "It says that the mere fact that you happen to make me want to vomit is reason enough for me to treat you as a social pariah, denying you some of your most basic entitlements as a citizen." In its place she offers a "politics of humanity," based not merely on respect, but something akin to love, an uplifting imaginative engagement with others, an active effort to see the world from their perspectives, as fellow human beings. Combining rigorous analysis of the leading constitutional cases with philosophical reflection about underlying concepts of privacy, respect, discrimination, and liberty, Nussbaum discusses issues ranging from non-discrimination and same-sex marriage to "public sex." Recent landmark decisions suggest that the views of state and federal courts are shifting toward a humanity-centered vision
This book investigates how the emotion of disgust functions as a primary, yet illegitimate, driver of legal discrimination against gay and lesbian citizens in the United States. Martha C. Nussbaum, a distinguished professor of law and philosophy, utilizes her expertise in ethics and jurisprudence to dismantle the argument that visceral aversion constitutes a valid basis for public policy. She posits that such reactions undermine the constitutional principle of equal citizenship and proposes a shift toward a 'politics of humanity' rooted in empathy and mutual respect.
What You Will Find
Legal scholars and philosophers frequently cite this work as a significant contribution to the discourse on constitutional law and civil rights. Readers often note the academic density of the prose, which balances rigorous legal analysis with accessible philosophical inquiry.
Page Count:
217
Publication Date:
2010-02-18
Publisher:
Oxford University Press
ISBN-10:
0195305310
ISBN-13:
9780195305319
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