Diversity Reading List

Back matter: "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 Drawing on an extraordinarily rich variety of philosophical, psychological, and historical references--from Aristotle and Freud to Nazi ideas about purity--and on legal examples as diverse as the trials of Oscar Wilde and the Martha Stewart insider trading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".

Back matter: What does it mean to respect the dignity of a human being? What sort of support do human capacities demand from the world, and how should we think about this support when we encounter differences of gender or sexuality? How should we think about each other across divisions that a legacy of injustice has created? In Sex and Social Justice, Martha Nussbaum delves into these questions and emerges with a distinctive conception of feminism that links feminist inquiry closely to the important progress that has been made during the past few decades in articulating theories of both national and global justice. Growing out of Nussbaum's years of work with an international development agency connected with the United Nations, this collection charts a feminism that is deeply concerned with the urgent needs of women who live in hunger and illiteracy, or under unequal legal systems. Offering an internationalism informed by development economics and empirical detail, many essays take their start from the experiences of women in developing countries. Nussbaum argues for a universal account of human capacity and need, while emphasizing the essential role of knowledge of local circumstance. Further chapters take on the pursuit of social justice in the sexual sphere, exploring the issue of equal rights for lesbians and gay men. Nussbaum's arguments are shaped by her work on Aristotle and the Stoics and by the modern liberal thinkers Kant and Mill. She contends that the liberal tradition of political thought holds rich resources for addressing violations of human dignity on the grounds of sex or sexuality, provided the tradition transforms itself by responsiveness to arguments concerning the social shaping of preferences and desires. She challenges liberalism to extend its tradition of equal concern to women, always keeping both agency and choice as goals. With great perception, she combines her radical feminist critique of sex relations with an interest in the possibilities of trust, sympathy, and understanding. Sex and Social Justice will interest a wide readership because of the public importance of the topics Nussbaum addresses and the generous insight she shows in dealing with these issues. Brought together for this timely collection, these essays, extensively revised where previously published, offer incisive political reflections by one of our most important living philosophers.

Introduction:  Sexual objectification is a familiar concept. Once a relatively technical term in feminist theory, associated in particular with the work of Catharine MacKinnon and Andrea Dworkin, the word "objectification" has by now passed into many people's daily lives. It is common to hear it used to criticize advertisements, films, and other representations, and also to express skepticism about the attitudes and intentions of one person to another, or of oneself to someone else. Generally it is used as a pejorative term, connoting a way of speaking, thinking, and acting that the speaker finds morally or socially objectionable, usually, though not always, in the sexual realm. Thus, Catharine MacKinnon writes of pornography, "Admiration of natural physical beauty becomes objectification. Harmlessness becomes harm."' The portrayal of women "dehumanized as sexual objects, things, or commodities" is, in fact, the first category of pornographic material made actionable under MacKinnon and Dworkin's proposed Minneapolis ordinance.2 The same sort of pejorative use is very common in ordinary social discussions of people and events.

Publisher’s Note:
Publisher: Theories of social justice are necessarily abstract, reaching beyond the particular and the immediate to the general and the timeless. Yet such theories, addressing the world and its problems, must respond to the real and changing dilemmas of the day. A brilliant work of practical philosophy, Frontiers of Justice is dedicated to this proposition. Taking up three urgent problems of social justice neglected by current theories and thus harder to tackle in practical terms and everyday life, Martha Nussbaum seeks a theory of social justice that can guide us to a richer, more responsive approach to social cooperation. The idea of the social contract--especially as developed in the work of John Rawls--is one of the most powerful approaches to social justice in the Western tradition. But as Nussbaum demonstrates, even Rawls's theory, suggesting a contract for mutual advantage among approximate equals, cannot address questions of social justice posed by unequal parties. How, for instance, can we extend the equal rights of citizenship--education, health care, political rights and liberties--to those with physical and mental disabilities? How can we extend justice and dignified life conditions to all citizens of the world? And how, finally, can we bring our treatment of nonhuman animals into our notions of social justice? Exploring the limitations of the social contract in these three areas, Nussbaum devises an alternative theory based on the idea of capabilities. She helps us to think more clearly about the purposes of political cooperation and the nature of political principles--and to look to a future of greater justice for all.

Abstract: In two essays in the ART/Artifact(1988) exhibition catalog, white American museum curator Susan Vogel and white American philosopher Arthur Danto pronounce that Africans do not distinguish between art and nonart. Although seemingly objective empirical statements, their assertions about Africa and its art are racially based ruminations of a white supremacist worldview. I argue that in theorizing within the category of race they produced racialized aesthetics that commit the Eurocentric fallacy of upholding systemic racist objectives. I argue that (1) their assertions fail to be about African art, but about hegemony and power; (2) as the longest enduring artistic activity of humanity, African art is an important check to racialized aesthetics; (3) art is produced outside the category of race and from a critically conscious awareness of the world; and (4) art bespeaks creativity and presupposes the artistic and moral values of a culture in the manipulation and transformation of physical reality.

Publisher’s Note:
Publisher: In the first feminist critique of modern political theory, Okin shows how the failure to apply theories of justice to the family not only undermines our most cherished democratic values but has led to a major crisis over gender-related issues.

Publisher's Note: Polygamy, forced marriage, female genital mutilation, punishing women for being raped, differential access for men and women to health care and education, unequal rights of ownership, assembly, and political participation, unequal vulnerability to violence. These practices and conditions are standard in some parts of the world. Do demands for multiculturalism — and certain minority group rights in particular — make them more likely to continue and to spread to liberal democracies? Are there fundamental conflicts between our commitment to gender equity and our increasing desire to respect the customs of minority cultures or religions? In this book, the eminent feminist Susan Moller Okin and fifteen of the world’s leading thinkers about feminism and multiculturalism explore these unsettling questions in a provocative, passionate, and illuminating debate.

Okin opens by arguing that some group rights can, in fact, endanger women. She points, for example, to the French government’s giving thousands of male immigrants special permission to bring multiple wives into the country, despite French laws against polygamy and the wives’ own bitter opposition to the practice. Okin argues that if we agree that women should not be disadvantaged because of their sex, we should not accept group rights that permit oppressive practices on the grounds that they are fundamental to minority cultures whose existence may otherwise be threatened.

In reply, some respondents reject Okin’s position outright, contending that her views are rooted in a moral universalism that is blind to cultural difference. Others quarrel with Okin’s focus on gender, or argue that we should be careful about which group rights we permit, but not reject the category of group rights altogether. Okin concludes with a rebuttal, clarifying, adjusting, and extending her original position. These incisive and accessible essays — expanded from their original publication in Boston Review and including four new contributions — are indispensable reading for anyone interested in one of the most contentious social and political issues today.

The diverse contributors, in addition to Okin, are Azizah al-Hibri, Abdullahi An-Na’im, Homi Bhabha, Sander Gilman, Janet Halley, Bonnie Honig, Will Kymlicka, Martha Nussbaum, Bhikhu Parekh, Katha Pollitt, Robert Post, Joseph Raz, Saskia Sassen, Cass Sunstein, and Yael Tamir.

Abstract: The Analects appears to offer two bodies of testimony regarding the felt, experiential qualities of leading a life of virtue. In its ostensible record of Confucius' more abstract and reflective claims, the text appears to suggest that virtue has considerable power to afford joy and insulate from sorrow. In the text's inclusion of Confucius' less studied and apparently more spontaneous remarks, however, he appears sometimes to complain of the life he leads, to feel its sorrows, and to possess some despair. Where we attend to both of these elements of the text, a tension emerges. In this essay, I consider how Confucius' complaints appear to complicate any clean conclusion that Confucius wins a good life, particularly where we attend to important pre-theoretical sensibilities regarding what a 'good life' ought to include and how it ought to feel for the one who leads it.

Abstract: Confucian resources for moral discourse and public policy concerning abortion have potential to broaden the prevailing forms of debate in Western societies. However, what form a Confucian contribution might take is itself debatable. This essay provides a critique of Philip J. Ivanhoe's recent proposal for a Confucian account of abortion. I contend that Ivanhoe's approach is neither particularly Confucian, nor viable as effective and humane public policy. Affirmatively, I argue that a Confucian approach to abortion will assiduously root moral consideration and public policy in evidence-based strategies that recognize the complexity of the phenomena of unplanned pregnancy and abortion. What most distinguishes a Confucian approach, I argue, is a refusal to treat abortion as a moral dilemma that stands free of the myriad social conditions and societal inequities in which empirical evidence shows it situates.

Publisher’s Note:

Being rude is often more gratifying and enjoyable than being polite. Likewise, rudeness can be a more accurate and powerful reflection of how I feel and think. This is especially true in a political environment that can make being polite seem foolish or naive. Civility and ordinary politeness are linked both to big values, such as respect and consideration, and to the fundamentally social nature of human beings. This book explores the powerful temptations to incivility and rudeness, but argues that they should generally be resisted. Drawing on early Chinese philosophers who lived during great political turmoil but nonetheless sought to “mind their manners,” it articulates a way of thinking about politeness that is distinctively social. It takes as a given that we can feel profoundly alienated from others, and that other people can sometimes be truly terrible. Yet because we are social neglecting the social and political courtesies comes at great cost. The book considers not simply why civility and politeness are important, but how. It addresses how small insults can damage social relations, how separation of people into tribes undermines our better interests, and explores how bodily and facial expressions can influence how life with other people goes. It is especially geared toward anyone who feels the temptation of being rude and wishes it were easier to feel otherwise. It seeks to answer a question of great contemporary urgency: When so much of public and social life with others is painful and fractious, why should I be polite?