From Disgust to Humanity: Sexual Orientation and Constitutional Law

From Disgust to Humanity: Sexual Orientation and Constitutional Law

Hardback Inalienable Rights

By (author) Ernst Freund Distinguished Service Professor of Law and Ethics Martha C Nussbaum

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  • Publisher: Oxford University Press Inc
  • Format: Hardback | 248 pages
  • Dimensions: 140mm x 210mm x 25mm | 431g
  • Publication date: 1 April 2010
  • Publication City/Country: New York
  • ISBN 10: 0195305310
  • ISBN 13: 9780195305319
  • Sales rank: 142,280

Product description

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.

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Author information

Martha Nussbaum is the Ernst Freund Distinguished Service Professor of Law and Ethics at the University of Chicago, appointed in Law, Philosophy, and Divinity. Her many books include Hiding from Humanity: Disgust, Shame, and the Law; Cultivating Humanity: A Classical Defense of Reform in LiberalEducation; Frontiers of Justice: Disability, Nationality, Species Membership; and Liberty of Conscience: In Defense of America's Tradition of Religious Equality.

Review quote

"A meticulous consideration of the legal issues surrounding same-sex relations grounded in a far-reaching investigation of how the notion of disgust has determined both civil legislation and public opinion...as the recent public discourse about empathy among Supreme Court judges indicates, Nussbaum's passionate advocacy of the power of imagination is profound and timely." -- Publishers Weekly"Pity the enemies of gay equality who find themselves at intellectual odds with America's most prominent, and most prolific, philosopher of public life, Martha C. Nussbaum...Nussbaum presents a cogent and politically charged case against the unconstitutional legal arguments that have inhibited the privacy, marriage and full civil rights of gays and lesbians in the United States." -- San Francisco Chronicle"Groundbreaking...Her book makes the most hard-and-fast case for the legalization of same-sex marriage..." -- MS Magazine Blog"In all, From Disgust to Humanity is a must-read for anyone who is interested in the same-sex marriage debate and for those who want to better understand the Constitution's role in our everyday lives." -- Trial Magazine"A refreshingly candid and insightful stance on the perpetuation of the discrimination against homosexual men and women in the United States, From Disgust to Humanity makes a convincing case for the role of disgust in the formation of both public opinion and law...While [this book] would certainly provide a valuable read to students of constitutional law, this reviewer recommends it also to anyone who has observed with interest and would like to better understand the ebb and flow of progress apropos recent sexual orientation legislation in the United States."--Contemporary Sociology"Disgust is all around us, but the book presents fresh arguments worth considering...Summing Up: Recommended."--CHOICE

Table of contents

DISGUST: AN UNRELIABLE EMOTION; WHAT HISTORY SHOWS: SAME-SEX SEX WITHOUT DISGUST; WHAT HISTORY SHOWS II: DISGUST AND STIGMA AS AVENUES OF SUBORDINATION; SODOMY LAWS: DISGUST AND INTRUSION; DISCRIMINATION AND ANTI-DISCRIMINATION: ROMER AND ANIMUS; PROTECTING INTIMACY: SEX CLUBS, PUBLIC SEX, RISKY CHOICES; THE RIGHT TO MARRY