Nussbaum And Law

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Nussbaum and Law

Author : Robin West
Publisher : Routledge
ISBN 13 : 1351556037
Total Pages : 553 pages
Book Rating : 4.3/5 (515 download)

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Book Synopsis Nussbaum and Law by : Robin West

Download or read book Nussbaum and Law written by Robin West and published by Routledge. This book was released on 2017-07-05 with total page 553 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays collected in this volume reflect the profound impact of Martha Nussbaum‘s philosophical writings on law and legal scholarship. The capabilities approach that she has largely authored has influenced the approach scholars take to the law of disabilities, both in the United States and in Canada, as well as to international human rights and to domestic private law‘s protections of vulnerable populations. Her analyses of the relationship between our emotions and our thought and action has triggered a re-assessment of the legal regulation and recognition of emotion in a range of fields, most particularly in the field of criminal law; and her writing on the nature of dignity has informed an understanding of the emerging civil rights of gay and lesbian citizens worldwide. Our appreciation of the role of narrative in legal thought and discourse and the contributions of literature to law and legal culture, have also been broadened and deepened by her contributions. Taken together, and including the introduction by the editor, the essays collected in this volume demonstrate the far-reaching impact of Nussbaum‘s philosophical oeuvre.

Hiding from Humanity

Author : Martha C. Nussbaum
Publisher : Princeton University Press
ISBN 13 : 1400825946
Total Pages : 433 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Hiding from Humanity by : Martha C. Nussbaum

Download or read book Hiding from Humanity written by Martha C. Nussbaum and published by Princeton University Press. This book was released on 2009-01-10 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Monarchy of Fear

Author : Martha C. Nussbaum
Publisher : Simon & Schuster
ISBN 13 : 1501172514
Total Pages : 272 pages
Book Rating : 4.5/5 (11 download)

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Book Synopsis The Monarchy of Fear by : Martha C. Nussbaum

Download or read book The Monarchy of Fear written by Martha C. Nussbaum and published by Simon & Schuster. This book was released on 2019-07-30 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: From one of the world’s most celebrated moral philosophers comes a thorough examination of the current political crisis and recommendations for how to mend our divided country. For decades Martha C. Nussbaum has been an acclaimed scholar and humanist, earning dozens of honors for her books and essays. In The Monarchy of Fear she turns her attention to the current political crisis that has polarized American since the 2016 election. Although today’s atmosphere is marked by partisanship, divisive rhetoric, and the inability of two halves of the country to communicate with one another, Nussbaum focuses on what so many pollsters and pundits have overlooked. She sees a simple truth at the heart of the problem: the political is always emotional. Globalization has produced feelings of powerlessness in millions of people in the West. That sense of powerlessness bubbles into resentment and blame. Blame of immigrants. Blame of Muslims. Blame of other races. Blame of cultural elites. While this politics of blame is exemplified by the election of Donald Trump and the vote for Brexit, Nussbaum argues it can be found on all sides of the political spectrum, left or right. Drawing on a mix of historical and contemporary examples, from classical Athens to the musical Hamilton, The Monarchy of Fear untangles this web of feelings and provides a roadmap of where to go next.

Citadels of Pride: Sexual Abuse, Accountability, and Reconciliation

Author : Martha C. Nussbaum
Publisher : W. W. Norton & Company
ISBN 13 : 1324004126
Total Pages : 315 pages
Book Rating : 4.3/5 (24 download)

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Book Synopsis Citadels of Pride: Sexual Abuse, Accountability, and Reconciliation by : Martha C. Nussbaum

Download or read book Citadels of Pride: Sexual Abuse, Accountability, and Reconciliation written by Martha C. Nussbaum and published by W. W. Norton & Company. This book was released on 2021-05-11 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: Finalist for the American Bar Association's 2022 Silver Gavel Award A groundbreaking exploration of sexual violence by one of our most celebrated experts in law and philosophy. In this essential philosophical and practical reckoning, Martha C. Nussbaum, renowned for her eloquence and clarity of moral vision, shows how sexual abuse and harassment derive from using people as things to one’s own benefit—like other forms of exploitation, they are rooted in the ugly emotion of pride. She exposes three “Citadels of Pride” and the men who hoard power at the apex of each. In the judiciary, the arts, and sports, Nussbaum analyzes how pride perpetuates systemic sexual abuse, narcissism, and toxic masculinity. The courage of many has brought about some reforms, but justice is still elusive—warped sometimes by money, power, or inertia; sometimes by a collective desire for revenge. By analyzing the effects of law and public policy on our ever-evolving definitions of sexual violence, Nussbaum clarifies how gaps in U.S. law allow this violence to proliferate; why criminal laws dealing with sexual assault and Title VII, the federal law that is the basis for sexual harassment doctrine, need to be complemented by an understanding of the distorted emotions that breed abuse; and why anger and vengeance rarely achieve lasting change. Citadels of Pride offers a damning indictment of the culture of male power that insulates high-profile abusers from accountability. Yet Nussbaum offers a hopeful way forward, envisioning a future in which, as survivors mobilize to tell their stories and institutions pursue fair and nuanced reform, we might fully recognize the equal dignity of all people.

Political Emotions

Author : Martha C. Nussbaum
Publisher : Harvard University Press
ISBN 13 : 0674728297
Total Pages : 461 pages
Book Rating : 4.6/5 (747 download)

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Book Synopsis Political Emotions by : Martha C. Nussbaum

Download or read book Political Emotions written by Martha C. Nussbaum and published by Harvard University Press. This book was released on 2013-10-01 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can we achieve and sustain a "decent" liberal society, one that aspires to justice and equal opportunity for all and inspires individuals to sacrifice for the common good? In this book, a continuation of her explorations of emotions and the nature of social justice, Martha Nussbaum makes the case for love. Amid the fears, resentments, and competitive concerns that are endemic even to good societies, public emotions rooted in love—in intense attachments to things outside our control—can foster commitment to shared goals and keep at bay the forces of disgust and envy. Great democratic leaders, including Abraham Lincoln, Mohandas Gandhi, and Martin Luther King Jr., have understood the importance of cultivating emotions. But people attached to liberalism sometimes assume that a theory of public sentiments would run afoul of commitments to freedom and autonomy. Calling into question this perspective, Nussbaum investigates historical proposals for a public "civil religion" or "religion of humanity" by Jean-Jacques Rousseau, Auguste Comte, John Stuart Mill, and Rabindranath Tagore. She offers an account of how a decent society can use resources inherent in human psychology, while limiting the damage done by the darker side of our personalities. And finally she explores the cultivation of emotions that support justice in examples drawn from literature, song, political rhetoric, festivals, memorials, and even the design of public parks. "Love is what gives respect for humanity its life," Nussbaum writes, "making it more than a shell." Political Emotionsis a challenging and ambitious contribution to political philosophy.

Creating Capabilities

Author : Martha C. Nussbaum
Publisher : Harvard University Press
ISBN 13 : 0674252780
Total Pages : 253 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis Creating Capabilities by : Martha C. Nussbaum

Download or read book Creating Capabilities written by Martha C. Nussbaum and published by Harvard University Press. This book was released on 2013-05-13 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: If a country’s Gross Domestic Product increases each year, but so does the percentage of its people deprived of basic education, health care, and other opportunities, is that country really making progress? If we rely on conventional economic indicators, can we ever grasp how the world’s billions of individuals are really managing? In this powerful critique, Martha Nussbaum argues that our dominant theories of development have given us policies that ignore our most basic human needs for dignity and self-respect. For the past twenty-five years, Nussbaum has been working on an alternate model to assess human development: the Capabilities Approach. She and her colleagues begin with the simplest of questions: What is each person actually able to do and to be? What real opportunities are available to them? The Capabilities Approach to human progress has until now been expounded only in specialized works. Creating Capabilities, however, affords anyone interested in issues of human development a wonderfully lucid account of the structure and practical implications of an alternate model. It demonstrates a path to justice for both humans and nonhumans, weighs its relevance against other philosophical stances, and reveals the value of its universal guidelines even as it acknowledges cultural difference. In our era of unjustifiable inequity, Nussbaum shows how—by attending to the narratives of individuals and grasping the daily impact of policy—we can enable people everywhere to live full and creative lives.

From Disgust to Humanity

Author : Martha C. Nussbaum
Publisher : Oxford University Press
ISBN 13 : 9780199745975
Total Pages : 256 pages
Book Rating : 4.7/5 (459 download)

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Book Synopsis From Disgust to Humanity by : Martha C. Nussbaum

Download or read book From Disgust to Humanity written by Martha C. Nussbaum and published by Oxford University Press. This book was released on 2010-02-18 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Justice for Animals

Author : Martha C. Nussbaum
Publisher : Simon and Schuster
ISBN 13 : 1982102519
Total Pages : 400 pages
Book Rating : 4.9/5 (821 download)

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Book Synopsis Justice for Animals by : Martha C. Nussbaum

Download or read book Justice for Animals written by Martha C. Nussbaum and published by Simon and Schuster. This book was released on 2024-01-23 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: A “brilliant” (Chicago Review of Books), “elegantly written, and compelling” (National Review) new theory and call to action on animal rights, ethics, and law from the renowned philosopher Martha C. Nussbaum. Animals are in trouble all over the world. Whether through the cruelties of the factory meat industry, poaching and game hunting, habitat destruction, or neglect of the companion animals that people purport to love, animals suffer injustice and horrors at our hands every day. The world needs an ethical awakening, a consciousness-raising movement of international proportions. In Justice for Animals, one of the world’s most renowned philosophers and humanists, Martha C. Nussbaum, provides “the most important book on animal ethics written to date” (Thomas I. White, author of In Defense of Dolphins). From dolphins to crows, elephants to octopuses, Nussbaum examines the entire animal kingdom, showcasing the lives of animals with wonder, awe, and compassion to understand how we can create a world in which human beings are truly friends of animals, not exploiters or users. All animals should have a shot at flourishing in their own way. Humans have a collective duty to face and solve animal harm. An urgent call to action and a manual for change, Nussbaum’s groundbreaking theory directs politics and law to help us meet our ethical responsibilities as no book has done before.

The Cosmopolitan Tradition

Author : Martha C. Nussbaum
Publisher : Harvard University Press
ISBN 13 : 0674052498
Total Pages : 321 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis The Cosmopolitan Tradition by : Martha C. Nussbaum

Download or read book The Cosmopolitan Tradition written by Martha C. Nussbaum and published by Harvard University Press. This book was released on 2019-08-13 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: The cosmopolitan political tradition defines people not according to nationality, family, or class but as equally worthy citizens of the world. Martha Nussbaum pursues this “noble but flawed” vision, confronting its inherent tensions over material distribution, differential abilities, and the ideological conflicts inherent to pluralistic societies.

A Concise History of the Law of Nations

Author : Arthur Nussbaum
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (1 download)

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Book Synopsis A Concise History of the Law of Nations by : Arthur Nussbaum

Download or read book A Concise History of the Law of Nations written by Arthur Nussbaum and published by . This book was released on 1954 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Aging Thoughtfully

Author : Martha Craven Nussbaum
Publisher : Oxford University Press
ISBN 13 : 0190600233
Total Pages : 265 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis Aging Thoughtfully by : Martha Craven Nussbaum

Download or read book Aging Thoughtfully written by Martha Craven Nussbaum and published by Oxford University Press. This book was released on 2017 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: A philosopher and a lawyer-economist examine the challenges of the last third of life. They write about friendship, sex, retirement communities, inheritance, poverty, and the depiction of aging women in films. These essays, or conversations, will help readers of all ages think about how to age well, or at least thoughtfully, and how to interact with older family members and friends.

Animal Rights

Author : Cass R. Sunstein
Publisher : Oxford University Press
ISBN 13 : 9780198034735
Total Pages : 352 pages
Book Rating : 4.0/5 (347 download)

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Book Synopsis Animal Rights by : Cass R. Sunstein

Download or read book Animal Rights written by Cass R. Sunstein and published by Oxford University Press. This book was released on 2004-04-01 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

American Guy

Author : Saul Levmore
Publisher : Oxford University Press, USA
ISBN 13 : 0199331375
Total Pages : 353 pages
Book Rating : 4.1/5 (993 download)

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Book Synopsis American Guy by : Saul Levmore

Download or read book American Guy written by Saul Levmore and published by Oxford University Press, USA. This book was released on 2014 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text examines American norms of masculinity and their role in the law, with essays from legal academics, literary scholars, and judges. Together, these papers reinvigorate the law-and-literature movement by bringing a range of methodological and disciplinary perspectives to bear on the complex interactions of masculinity with both law and literature - ultimately shedding light on all three.

The New Religious Intolerance

Author : Martha C. Nussbaum
Publisher : Harvard University Press
ISBN 13 : 0674065913
Total Pages : 305 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis The New Religious Intolerance by : Martha C. Nussbaum

Download or read book The New Religious Intolerance written by Martha C. Nussbaum and published by Harvard University Press. This book was released on 2012-04-24 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: What impulse prompted some newspapers to attribute the murder of 77 Norwegians to Islamic extremists, until it became evident that a right-wing Norwegian terrorist was the perpetrator? Why did Switzerland, a country of four minarets, vote to ban those structures? How did a proposed Muslim cultural center in lower Manhattan ignite a fevered political debate across the United States? In The New Religious Intolerance, Martha C. Nussbaum surveys such developments and identifies the fear behind these reactions. Drawing inspiration from philosophy, history, and literature, she suggests a route past this limiting response and toward a more equitable, imaginative, and free society. Fear, Nussbaum writes, is "more narcissistic than other emotions." Legitimate anxieties become distorted and displaced, driving laws and policies biased against those different from us. Overcoming intolerance requires consistent application of universal principles of respect for conscience. Just as important, it requires greater understanding. Nussbaum challenges us to embrace freedom of religious observance for all, extending to others what we demand for ourselves. She encourages us to expand our capacity for empathetic imagination by cultivating our curiosity, seeking friendship across religious lines, and establishing a consistent ethic of decency and civility. With this greater understanding and respect, Nussbaum argues, we can rise above the politics of fear and toward a more open and inclusive future.

Comparative Constitutional Design

Author : Tom Ginsburg
Publisher : Cambridge University Press
ISBN 13 : 1107020565
Total Pages : 407 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Comparative Constitutional Design by : Tom Ginsburg

Download or read book Comparative Constitutional Design written by Tom Ginsburg and published by Cambridge University Press. This book was released on 2012-02-27 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: Assesses what we know - and do not know - about comparative constitutional design and particular institutional choices concerning executive power and other issues.

Cultivating Humanity

Author : Martha C. Nussbaum
Publisher : Harvard University Press
ISBN 13 : 0674735463
Total Pages : 345 pages
Book Rating : 4.6/5 (747 download)

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Book Synopsis Cultivating Humanity by : Martha C. Nussbaum

Download or read book Cultivating Humanity written by Martha C. Nussbaum and published by Harvard University Press. This book was released on 1998-10-01 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can higher education today create a community of critical thinkers and searchers for truth that transcends the boundaries of class, gender, and nation? Martha C. Nussbaum, philosopher and classicist, argues that contemporary curricular reform is already producing such “citizens of the world” in its advocacy of diverse forms of cross-cultural studies. Her vigorous defense of “the new education” is rooted in Seneca’s ideal of the citizen who scrutinizes tradition critically and who respects the ability to reason wherever it is found—in rich or poor, native or foreigner, female or male. Drawing on Socrates and the Stoics, Nussbaum establishes three core values of liberal education: critical self-examination, the ideal of the world citizen, and the development of the narrative imagination. Then, taking us into classrooms and campuses across the nation, including prominent research universities, small independent colleges, and religious institutions, she shows how these values are (and in some instances are not) being embodied in particular courses. She defends such burgeoning subject areas as gender, minority, and gay studies against charges of moral relativism and low standards, and underscores their dynamic and fundamental contribution to critical reasoning and world citizenship. For Nussbaum, liberal education is alive and well on American campuses in the late twentieth century. It is not only viable, promising, and constructive, but it is essential to a democratic society. Taking up the challenge of conservative critics of academe, she argues persuasively that sustained reform in the aim and content of liberal education is the most vital and invigorating force in higher education today.

Imagining New Legalities

Author : Austin Sarat
Publisher : Stanford University Press
ISBN 13 : 0804781575
Total Pages : 223 pages
Book Rating : 4.8/5 (47 download)

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Book Synopsis Imagining New Legalities by : Austin Sarat

Download or read book Imagining New Legalities written by Austin Sarat and published by Stanford University Press. This book was released on 2012-03-14 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: Imagining New Legalities reminds us that examining the right to privacy and the public/private distinction is an important way of mapping the forms and limits of power that can legitimately be exercised by collective bodies over individuals and by governments over their citizens. This book does not seek to provide a comprehensive overview of threats to privacy and rejoinders to them. Instead it considers several different conceptions of privacy and provides examples of legal inventiveness in confronting some contemporary challenges to the public/private distinction. It provides a context for that consideration by surveying the meanings of privacy in three domains—-the first, involving intimacy and intimate relations; the second, implicating criminal procedure, in particular, the 4th amendment; and the third, addressing control of information in the digital age. The first two provide examples of what are taken to be classic breaches of the public/private distinction, namely instances when government intrudes in an area claimed to be private. The third has to do with voluntary circulation of information and the question of who gets to control what happens to and with that information.