Martha Nussbaum argues that we should be wary of these emotions because they are associated in troubling ways with a desire to hide from our humanity, embodying an unrealistic and sometimes pathological wish to be invulnerable. Nussbaum argues that the thought-content of disgust embodies "magical ideas of contamination, and impossible aspirations to purity that are just not in line with human life as we know it." She argues that disgust should never be the basis for criminalizing an act, or play either the aggravating or the mitigating role in criminal law it currently does. She writes that we should be similarly suspicious of what she calls "primitive shame," a shame "at the very fact of human imperfection," and she is harshly critical of the role that such shame plays in certain punishments.
Drawing on an extraordinarily rich variety of philosophical, psychological, and historical references--from Aristotle and Freud to Nazi ideas about purity--and on legal examples as diverse as the trials of Oscar Wilde and the Martha Stewart insider trading case, this is a major work of legal and moral philosophy.
This anthology of original essays suggests new, groundbreaking applications of Rawls's work in multiple disciplines and contexts. Thom Brooks, Martha Nussbaum, Onora O'Neill (University of Cambridge), Paul Weithman (University of Notre Dame), Jeremy Waldron (New York University), and Frank Michelman (Harvard University) explore political liberalism's relevance to the challenges of multiculturalism, the relationship between the state and religion, the struggle for political legitimacy, and the capabilities approach. Extending Rawls's progressive thought to the fields of law, economics, and public reason, this book helps advance the project of a free society that thrives despite disagreements over religious and moral views.
As Nineteen Eighty-Four protagonist Winston Smith has admirers on the right, in the center, and on the left, the contributors similarly represent a wide range of political, literary, and moral viewpoints. The Cold War that has so often been linked to Orwell's novel ended with more of a whimper than a bang, but most of the issues of concern to him remain alive in some form today: censorship, scientific surveillance, power worship, the autonomy of art, the meaning of democracy, relations between men and women, and many others. The contributors bring a variety of insightful and contemporary perspectives to bear on these questions.