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such shame plays in certain punishments.Drawing on an extraordinarily rich variety of philosophical, psychological, and historical references--from Aristotle and Freud to Nazi ideas about purity--and on legal examples as diverse as the trials of Oscar Wilde and the Martha Stewart insider trading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. (shrink)

The Metaphysics of Morals is Kant's major work in applied moral philosophy in which he deals with the basic principles of rights and of virtues. It comprises two parts: the 'Doctrine of Right', which deals with the rights which people have or can acquire, and the 'Doctrine of Virtue', which deals with the virtues they ought to acquire. Mary Gregor's translation, revised for publication in the Cambridge Texts in the History of Philosophy series, is the only complete translation of the (...) whole text, and includes extensive annotation on Kant's difficult and sometimes unfamiliar vocabulary. A new introduction by Roger Sullivan sets the work in its historical and philosophical context. This volume will be of wide interest to students of ethics and of legal and political philosophy. (shrink)

The universalist argument that all children should be educated in inclusive mainstream schools, irrespective of their difficulties or disabilities, is traced to the claims that special schools and disability ‘labels’ are inherently humiliating, and that no decent society tolerates inherently humiliating institutions. I ask whether there is a sound reason for a child to feel humiliated by special schools/disability ‘labels’ as such, and find none. Empirically, some do and some do not find these humiliating, and it is argued that the (...) failure to address the multiple ‘realities’ of disability and learning difficulty is responsible for the policy impasse in this area. (shrink)

The universalist argument that all children should be educated in inclusive mainstream schools, irrespective of their difficulties or disabilities, is traced to the claims (a) that special schools and disability ‘labels’ are inherently humiliating, and (b) that no decent society tolerates inherently humiliating institutions. I ask (following Avishai Margalit) whether there is a sound reason for a child to feel humiliated by special schools/disability ‘labels’ as such, and find none. Empirically, some do and some do not find these humiliating, and (...) it is argued that the failure to address the multiple ‘realities’ of disability and learning difficulty is responsible for the policy impasse in this area. (shrink)

The principle of respect for human dignity plays a crucial role in the emerging global norms relating to bioethics, in particular in the UNESCO Universal Declaration on Bioethics and Human Rights. This instrument, which is a legal, not merely an ethical document, can be regarded as an extension of international human rights law into the field of biomedicine. Although the Declaration does not explicitly define human dignity, it would be a mistake to see the emphasis put on this notion as (...) a mere rhetorical strategy. Rather, the appeal to dignity reflects a real concern about the need to promote respect both for the intrinsic worth of human beings and for the integrity of the human species. But dignity alone cannot solve most of the dilemmas posed by biomedical practice. This is why international biolaw combines, on the one hand, the appeal to human dignity as an overarching principle with, on the other hand, the recourse to human rights, which provide an effective and practical way forward for dealing with bioethical issues at a global level. (shrink)

Kateb asserts that the defense of universal human rights requires two indispensable components: morality and human dignity. For Kateb, morality and justice have sound theoretical underpinnings; human dignity, by virtue of its “existential” quality, lacks its own theoretical framework. This he proceeds to establish with a critique of the writings of canonical Western political philosophers and contemporary thinkers like Peter Singer and Thomas Nagel. The author argues that while morality compels just governments to prevent, reduce, or eliminate human suffering inasmuch (...) as it is possible, people possess and are entitled to dignity by mere virtue of their “status” as human beings. Homo sapiens, he maintains, have a “stature,” manifest in the species's “great achievements,” that exceeds that of other creatures, even in the secular cosmos. (shrink)

Over the last 60 years the idea of human dignity has become increasingly prominent in the political discourse on human rights. In United Nations documents, for instance, human dignity is currently presented as the justification for human rights. In this paper I shall argue that the contemporary way in which human dignity is thought to ground human rights is very different from the way human dignity has been understood traditionally. My aim is to contrast the contemporary paradigm of dignity to (...) a different one that has been prominent historically from Cicero onwards. My conclusion is that if one wants to use the contemporary conception of dignity, one cannot refer to the history of philosophy for support of this conception, and if one wants to use this history in support, one would have to employ a different conception of dignity that uses a different pattern of thought. (shrink)

This article explores contemporary biopolitics in the light of Michel Foucault's oft quoted suggestion that contemporary politics calls `life itself' into question. It suggests that recent developments in the life sciences, biomedicine and biotechnology can usefully be analysed along three dimensions. The first concerns logics of control - for contemporary biopolitics is risk politics. The second concerns the regime of truth in the life sciences - for contemporary biopolitics is molecular politics. The third concerns technologies of the self - for (...) contemporary biopolitics is ethopolitics. The article suggests that, in these events, human beings have become `somatic individuals': personhood is increasingly being defined in terms of corporeality, and new and direct relations are established between our biology and our conduct. At the same time, this somatic and corporeal individuality has become opened up to choice, prudence and responsibility, to experimentation, to contestation and so to a politics of `life itself'. (shrink)

In this article, the authors review some contemporary cases where biotechnologies have been employed, where they have had global implications, and where there has been considerable debate. The authors argue that the concept of dignity, which lies at the center of such documents as the 2005 Universal Declaration on Bioethics and Human Rights, the International Declaration on Human Genetic Data (2003) and the Universal Declaration on the Human Genome and Human Rights (1997) is useful, if not necessary, in engaging in (...) decision making in relation to the moral evaluation of biotechnologies on a global scale. (shrink)

Globalization is often discussed as if it were a recent phenomenon relating primarily to the development of world financial markets and improvements in information and travel technologies. But globalization is an ancient process, beginning with mercantile and cultural exchanges and facilitated by advances in transportation. In the twentieth century, the results of globalization can be seen in the rise of global capitalism and in the construction of a global economy. Most recently, the process of globalization has moved beyond the world (...) of finance, however, into areas still traditionally thought of as national concerns, such as culture and healthcare. It is no surprise, therefore, that increasingly the challenges the United States is confronting in healthcare, biotechnology, and the environment are simultaneously faced by the international community as a whole. In the wake of the HIV pandemic, growing environmental consciousness, and a series of sensational advances in biotechnology, there is a dawning realization that problems such as improving public health, regulating advances in biotechnology, and achieving sustainable environmental development transcend national borders. In other words, bioethics concerns are global in nature. (shrink)

Abstract: Human rights developed in response to specific violations of human dignity, and can therefore be conceived as specifications of human dignity, their moral source. This internal relationship explains the moral content and moreover the distinguishing feature of human rights: they are designed for an effective implementation of the core moral values of an egalitarian universalism in terms of coercive law. This essay is an attempt to explain this moral-legal Janus face of human rights through the mediating role of the (...) concept of human dignity. This concept is due to a remarkable generalization of the particularistic meanings of those "dignities" that once were attached to specific honorific functions and memberships. In spite of its abstract meaning, "human dignity" still retains from its particularistic precursor concepts the connotation of depending on the social recognition of a status—in this case, the status of democratic citizenship. Only membership in a constitutional political community can protect, by granting equal rights, the equal human dignity of everybody. (shrink)

In this article the author intends to provide general normative guidelines which ought to inform policies concerning the most controversial multicultural claims for a liberal democracy. In order to do that, she proposes a general reconsideration of the struggle of cultures and identities which makes up the stuff of multiculturalism. She suggests that instead of focusing on the issue of compatibility, the adequate viewpoint from which considering multicultural claims should be justice and, within justice, the principle of equal respect (ER). (...) The reference to ER is widespread in the literature on multiculturalism, but it does not specify what should be the object of ER: persons and their dignity, or cultures/religions/identities and their members? The alternative is then examined and the author argues in favour of an interpretation of ER for persons which considers persons as they are, given their identities and differences. Finally, the author provides a typology of multicultural claims, ranked on a scale of different levels of disrespect, which consequently require different kinds of response. As a result, one is invited to reflect on the how beside the what, on the procedures and attitudes beside the benefits and measures, and not only for the pragmatic reasons of finding a relatively easy way out, but also for principled reasons of justice. (shrink)

It is widely appreciated today that injustices can arise on different scales — some are national, some regional, some global. Thus, the notion of a plurality of scales of justice is intuitively plausible. What may be less evident is the idea that some important injustices are best located not on any one single scale but rather at the intersection of several scales. This article argues that this is the case for one of the core characteristic injustices of the present era: (...) namely, ‘the social exclusion of the global poor’. (shrink)

We are spurred into action by our troubles and fears; but all too often our action fails to address the true causes of our worries. When trying to make sense of our lives, we tend to blame our own failings and weaknesses for our discomforts and defeats. And in doing so, we make things worse rather than better. Reasonable beings that we are, how does this happen and why does it go on happening? These are the questions addressed in this (...) new book by Zygmunt Bauman - one of the most original and perceptive social thinkers writing today. For Bauman, the task of sociology is not to censor or correct the stories we tell of our lives, but to show that there are more ways in which our life stories can be told. By bringing into view the many complex dependencies invisible from the vantage point of private experience, sociology can help us to link our individual decisions and actions to the deeper causes of our troubles and fears - to the ways we live, to the conditions under which we act, to the socially drawn limits of our imagination and ambition. Sociology can help us to understand the processes that have shaped the society in which we live today, a society in which individualization has become our fate. And sociology can also help us to see that if our individual but shared anxieties are to be effectively tackled, they need to be addressed collectively, true to their social, not individual, nature. The Individualized Society will be of great interest to students of sociology, politics and the social sciences and humanities generally. It will also appeal to a broader range of readers who are interested in the changing nature of our social and political life today. (shrink)

Politics in America are polarized and trivialized, perhaps as never before. In Congress, the media, and academic debate, opponents from right and left, the Red and the Blue, struggle against one another as if politics were contact sports played to the shouts of cheerleaders. The result, Ronald Dworkin writes, is a deeply depressing political culture, as ill equipped for the perennial challenge of achieving social justice as for the emerging threats of terrorism. Can the hope for change be realized? Dworkin, (...) one the world's leading legal and political philosophers, identifies and defends core principles of personal and political morality that all citizens can share. He shows that recognizing such shared principles can make substantial political argument possible and help replace contempt with mutual respect. Only then can the full promise of democracy be realized in America and elsewhere. Dworkin lays out two core principles that citizens should share: first, that each human life is intrinsically and equally valuable and, second, that each person has an inalienable personal responsibility for identifying and realizing value in his or her own life. He then shows what fidelity to these principles would mean for human rights, the place of religion in public life, economic justice, and the character and value of democracy. Dworkin argues that liberal conclusions flow most naturally from these principles. Properly understood, they collide with the ambitions of religious conservatives, contemporary American tax and social policy, and much of the War on Terror. But his more basic aim is to convince Americans of all political stripes--as well as citizens of other nations with similar cultures--that they can and must defend their own convictions through their own interpretations of these shared values. (shrink)

In this pathbreaking study, Axel Honneth argues that "the struggle for recognition" is, and should be, at the center of social conflicts.

At the time of his death in 2005, French philosopher Paul Ricoeur was regarded as one of the great thinkers of his generation. In more than half a century of writing about the essential questions of human life, Ricoeur’s thought encompassed a vast range of wisdom and experience, and he made landmark contributions that would go on to influence later scholars in such areas as phenomenology, hermeneutics, structuralism, and theology. Toward the end of his life, Ricoeur began to focus directly (...) on ethical questions that he feared had been overshadowed by his other work; the result was a two-volume collection of essays on justice and the law. The University of Chicago Press published the English translation of the first volume, The Just, to great acclaim in 2000. Now this translation of the second volume, Reflections on the Just, completes the set and makes available to readers the whole of Ricoeur’s meditations on the concept. Consisting of fifteen thematically organized essays, Reflections on the Just continues and expands on the work Ricoeur began in with his “little ethics” in Oneself as Another and The Just. In the preface, he considers what revisions he would make were he to start over and how that is reflected in these essays. The opening part brings phenomenology to bear on ethics; the second group of essays comprises shorter, occasional pieces considering the concept of justice in the works of other philosophers, including Max Weber and Charles Taylor. The final part turns to the specific domains of medicine and the law, examining how concepts of right and justice operate in those realms. Cogent, deeply considered, and fully engaged with the realities of the contemporary world, Reflections on the Just is an essential work for understanding the development of Ricoeur’s thought in his final years. (shrink)

In a sense, all technology is biotechnology: machines interacting with human organisms. Technology is designed to overcome the frailties and limitations of human beings in a state of nature -- to make us faster, stronger, longer-lived, smarter, happier. And all technology raises questions about its real contribution to human welfare: are our lives really better for the existence of the automobile, television, nuclear power? These questions are ethical and political, as well as medical; and they even reach to the philosophical (...) and spiritual. On the whole, we seem pretty well adapted to our technology, at least on the face of it -- but there have always been doubts about whether the human soul thrives best in the oppressively technological world we have created for ourselves. (I am continually struck by how much time I have to spend fixing the machines that supposedly improve my life.). (shrink)

What is a person? This fundamental question is a perennial concern of philosophers and theologians. But, Christian Smith here argues, it also lies at the center of the social scientist’s quest to interpret and explain social life. In this ambitious book, Smith presents a new model for social theory that does justice to the best of our humanistic visions of people, life, and society. Finding much current thinking on personhood to be confusing or misleading, Smith finds inspiration in critical realism (...) and personalism. Drawing on these ideas, he constructs a theory of personhood that forges a middle path between the extremes of positivist science and relativism. Smith then builds on the work of Pierre Bourdieu, Anthony Giddens, and William Sewell to demonstrate the importance of personhood to our understanding of social structures. From there he broadens his scope to consider how we can know what is good in personal and social life and what sociology can tell us about human rights and dignity. Innovative, critical, and constructive,_ What Is a Person?_ offers an inspiring vision of a social science committed to pursuing causal explanations, interpretive understanding, and general knowledge in the service of truth and the moral good. (shrink)

Many people are vaguely disquieted by developments (real or imagined) that could alter minds and bodies in novel ways. Romantics and Greens tend to idealize the natural and demonize technology. Traditionalists and conservatives by temperament distrust radical change. Egalitarians worry about an arms race in enhancement techniques. And anyone is likely to have a "yuck" response when contemplating unprecedented manipulations of our biology. The President's Council has become a forum for the airing of this disquiet, and the concept of "dignity" (...) a rubric for expounding on it. This collection of essays is the culmination of a long effort by the Council to place dignity at the center of bioethics. The general feeling is that, even if a new technology would improve life and health and decrease suffering and waste, it might have to be rejected, or even outlawed, if it affronted human dignity. (shrink)

In recent years a number of oppressed groups have campaigned vigorously for equality. The classic instance is the Black Liberation movement, which demands an end to the prejudice and discrimination that has made blacks second-class citizens. The immediate appeal of the black liberation movement and its initial, if limited, success made it a model for other oppressed groups to follow. We became familiar with liberation movements for Spanish-Americans, gay people, and a variety of other minorities. When a majority group—women—began their (...) campaign, some thought we had come to the end of the road. Discrimination on the basis of sex, it has been said, is the last universally accepted form of discrimination, practiced without secrecy or pretense even in those liberal circles that have long prided themselves on their freedom from prejudice against racial minorities. (shrink)