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shame plays in certain punishments.Drawing on an extraordinarily rich variety of philosophical, psychological, and historical references--from Aristotle and Freud to Nazi ideas about purity--and on legal examples as diverse as the trials of Oscar Wilde and the Martha Stewart insider trading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

Some evil actions are public. Maybe genocide is the most awful. Other evil actions are private, a matter of one person harming another or of self-inflicted injury. Child abuse, in our current reckoning, is the worst of private evils. We want to put a stop to it. We know we can’t do that, not entirely. Human wickedness won’t go away. But we must protect as many children as we can. We want also to discover and help those who have already (...) been hurt. Anyone who feels differently is already something of a monster.We are so sure of these moral truths that we seldom pause to wonder what child abuse is. We know we don’t understand it. We have little idea of what prompts people to harm children. But we do have the sense that what we mean by child abuse is something perfectly definite. So it comes as a surprise that the very idea of child abuse has been in constant flux the past thirty years. Previously our present conception of abusing a child did not even exist. People do many of the same vile things to children, for sure, that they did a century ago. But we’ve been almost unwittingly changing the very definitions of abuse and revising our values and our moral codes accordingly. Ian Hacking, a philosopher, teaches at the Institute for the History and Philosophy of Science and Technology in the University of Toronto. His latest book is entitled The Taming of Chance. (shrink)

Jerrold Levinson; Introduction, The Journal of Aesthetics and Art Criticism, Volume 62, Issue 2, 5 May 2004, Pages 89–93, https://doi.org/10.1111/j.1540-594X.20.