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Should laws about sex and pornography be based on social conventions about what is disgusting? Should felons be required to display bumper stickers or wear T-shirts that announce their crimes? This powerful and elegantly written book, by one of America's most influential philosophers, presents a critique of the role that shame and disgust play in our individual and social lives and, in particular, in the law. 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 Drawing on an extraordinarily rich variety of philosophical, psychological, and historical references--from Aristotle and Freud to Nazi ideas about purity--and on legal examples as diverse as the trials of Oscar Wilde and the Martha Stewart insider trading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.… (más)
Información procedente del conocimiento común inglés.Edita para encontrar en tu idioma.
O my body! I dare not desert the likes of you in other men and
women, nor the likes of the parts of you,
I believe the likes of you are to stand or fall with the likes of the
soul, (and that they are the soul,)
I believe the likes of you shall stand or fall with my poems,
and that they are my poems.
—Walt Whitman, “I Sing the Body Electric,” 9.129–131
Human beings are not by nature kings, or lords, or courtiers, or rich. All are born naked and poor; all are subject to the miseries of life, to sorrows, ills, needs, and pains of every kind. Finally, all are condemned to death. . . . It is the weakness of the human being that makes us sociable; it is our common miseries that turn our hearts to humanity; we would owe humanity nothing if we were not human. Every attachment is a sign of insufficiency. If each of us had no need of others, he would hardly think of uniting himself with them. Thus from our weakness our fragile happiness is born. . . . I do not conceive how someone who needs nothing can love anything. I do not conceive how someone who loves nothing can be happy.
—Jean- Jacques Rousseau, Emile, Book IV
“The alarming thing about equality is that we are then both children, and the question is, where is father? We know where we are if one of us is the father.”
—B, patient of Donald Winnicott, analysis published as Holding and Interpretation
Dedicatoria
Primeras palabras
Información procedente del conocimiento común inglés.Edita para encontrar en tu idioma.
A California judge orders a man convicted of larceny to wear a shirt stating, “I am on felony probation for theft.” In Florida, convicted drunk drivers are required to display bumper stickers reading “Convicted D.U.I.” Similar stickers have been authorized in other states, including Texas and Iowa. Penalties like these, involving public shaming of the offender, are becoming increasingly common as alternatives to fines and imprisonment.
Citas
Últimas palabras
Información procedente del conocimiento común inglés.Edita para encontrar en tu idioma.
He shows his new understanding of human love by admitting that love itself (the “subtle interplay” he had enjoyed in his exchanges with Winnicott) is a relation between imperfect and mortal beings.
Such a frank admission of incompleteness and uncertainty is a good place to begin, perhaps, as people varyingly disabled work together to create a liberal society.
Should laws about sex and pornography be based on social conventions about what is disgusting? Should felons be required to display bumper stickers or wear T-shirts that announce their crimes? This powerful and elegantly written book, by one of America's most influential philosophers, presents a critique of the role that shame and disgust play in our individual and social lives and, in particular, in the law. 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.
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