From Disgust to Humanity: Sexual Orientation and Constitutional LawOxford University Press, 18 feb 2010 - 256 pagine 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, and Nussbaum's powerful arguments will undoubtedly advance that cause. Incisive, rigorous, and deeply humane, From Disgust to Humanity is a stunning contribution to Oxford's distinguished Inalienable Rights series. |
Sommario
CHAPTER | |
Religion Race Gender Disability | |
Disgust and Intrusion | |
Romer and Animus | |
CHAPTER FIVE | |
CHAPTER | |
After Disgust? | |
Altre edizioni - Visualizza tutto
From Disgust to Humanity: Sexual Orientation and Constitutional Law Martha Craven Nussbaum Anteprima non disponibile - 2010 |
Parole e frasi comuni
adult AfricanAmericans Amendment American antidiscrimination laws appeal to disgust argued argument Bowers Cameron citizens civil unions Colorado conduct conscience consensual contamination contraceptive criminal dalit defended Devlin dignity discrimination distinction divorce Due Process Clause emotion Equal Protection Clause equal respect example expressive fundamental right gays and lesbians gender Hardwick harm Harvey Milk heightened scrutiny heterosexuals homosexual idea imagine individual interest intimate involving issue Justice Kass Lawrence Leon Kass lesbians liberty male Mill’s Millian miscegenation moral nonconsenting parties nudity one’s opinion people’s person politics of disgust politics of humanity practices projective disgust public accommodation public nuisance rational basis rational basis review reason recognized relevant religion religious requires right to marry Romer samesex couples samesex marriage seclusion selfregarding sex acts sex businesses sex clubs sexual orientation social society sodomy laws sort state’s status Supreme Court suspect classification U.S. Supreme Court University Press violate women