Martha Nussbaum

Cass Sunstein and Martha Nussbaum bring together an all-star cast of contributors to explore the legal and political issues that underlie the campaign for animal rights and the opposition to it. Addressing ethical questions about ownership, protection against unjustified suffering, and the ability of animals to make their own choices free from human control, the authors offer numerous different perspectives on animal rights and animal welfare. They show that whatever one's ultimate conclusions, the relationship between human beings and nonhuman animals is being fundamentally rethought. This book offers a state-of-the-art treatment of that rethinking.

This essay is a response to Myles Burnyeat’s paper that attacks an interpretation of the credibility and acceptability of Aristotle’s views of the body and soul. It begins with a discussion of Aristotle’s motivating problems. An interpretation is defended against Burnyeat, which distinguishes Aristotle from both materialist reductionism, and from the Burnyeat interpretation that perceiving etc. does not require concomitant material change, and that awareness is primitive. Aristotle’s position is then defended as tenable, even in the context of a modern theory of matter.

Nussbaum defends literacy and education for women as a crucial condition for lessening many of the problems that women face worldwide, such as abusive marriages, inadequate jobs, and poor health, which restrict women’s capacities to engage in citizenship practices. Nussbaum’s proposal extends to secondary and higher education and particularly urges the development of women’s critical faculties and imagination. At present, the commitments of poorer nations and states, as well as those of wealthy nations, their citizens, and their corporations are woefully inadequate to serve women’s needs. Female education is sometimes opposed on the grounds that it destroys non-literate cultures, which have their own values; yet such cultures may harbor misery and injustice and their norms may even be opposed by the women in the cultures. Nussbaum suggests that if governments cannot improve female education, non-governmental organizations may be able to take on the responsibility.

This chapter investigates the influence of Seneca’s conception of mercy on later writers, focusing on Mozart’s last opera, La Clemenza di Tito. It argues that there are two distinct conceptions of mercy at play in the modern era: one, influenced by Christian doctrine, is hierarchical and monarchical; the other, influenced by Stoicism, focuses on the equal vulnerability of all human beings to error. The chapter studies the ways in which the music of the opera, going well beyond the words, exemplifies a Senecan conception of mercy. The opera carefully intermingles mercy and compassion, a combination which provides a transformation that can only come from the “imaginings of a sympathetic heart.”

Nietzsche claimed to be a political thinker in Ecce Homo and elsewhere. He constantly compared his thought with other political theorists, chiefly Rousseau, Kant and Mill, and he claimed to offer an alternative to the bankruptcy of Enlightenment liberalism. It is worthwhile re-examining Nietzsche's claim to offer serious criticisms of liberal political philosophy. I shall proceed by setting out seven criteria for serious political thought: understanding of material need; procedural justification; liberty and its worth; racial, ethnic and religious difference; gender and family; justice between nations; and moral psychology. I shall argue polemically that on the first six issues Nietzsche has nothing to offer, but that on the seventh, moral psychology, he makes a profound contribution. Serious political theory, however, needs to forget about Nietzsche and turn to those thinkers he found so boring - the liberal Enlightenment thinkers.

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