Online research in philosophy

John Fischer challenges me to defend my arguments regarding the badness of death; I sharpen my position, but make some concessions, discussing the possibility of postmortem harm. In response to John Deigh, I defend the account of disgust given in Hiding from Humanity, together with the research of Paul Rozin that I follow there. I discuss Patrick Devlin’s conservative position, agree that we need to object to its emphasis on solidarity, not only to its emphasis on disgust, and argue that Deigh’s statement of Devlin’s position is too kind to Devlin. In response to Henry Richardson, I summarize my reasons for thinking that the classical social contract tradition cannot handle well the problems posed by the issue of justice for people with disabilities, and that even Rawls’s position requires major modification if it is to do so. I explore differences between Richardson’s position and my own on the issues of self-respect, liberty, and primary goods.

Recent empirical studies have established that disgust plays a role in moral judgment. The normative significance of this discovery remains an object of philosophical contention, however; ‘disgust skeptics’ such as Martha Nussbaum have argued that disgust is a distorting influence on moral judgment and has no legitimate role to play in assessments of moral wrongness. I argue, pace Nussbaum, that disgust’s role in the moral domain parallels its role in the physical domain. Just as physical disgust tracks physical contamination and pollution, so moral disgust tracks social contamination. I begin by examining the arguments for skepticism about disgust and show that these arguments threaten to overgeneralize and lead to a widespread skepticism about the justifiability of our moral judgments. I then look at the positive arguments for according disgust a role in moral judgment, and suggest that disgust tracks invisible social contagions in much the same way as it tracks invisible physical contagions, thereby serving as a defense against the threat of socio-moral contamination.

abstract  Martha Nussbaum's concern is to limit the role that emotions can legitimately play in the definition of the criminal law. She would allow nuisance laws to curtail the occasioning of disgust but only disgust of a certain kind. Problems arise for her account when she extends this analysis to the prevention of offensiveness. Unavoidable is an evaluation of those beliefs subscription to which explains the taking of offence. Hence the principal problem for a liberalism of the kind Nussbaum defends is how to combine Mill's harm principle with a Rawlsian understanding of the reasonableness of belief.

abstract  Shame punishments have become an increasingly popular alternative to traditional punishments, often taking the form of convicted criminals holding signs or sweeping streets with a toothbrush. In her Hiding from Humanity, Martha Nussbaum argues against the use of shame punishments because they contribute to an offender's loss of dignity. However, these concerns are shared already by the courts which also have concerns about the possibility that shaming might damage an offender's dignity. This situation has not led the courts to reject all uses of shaming, but only to accept shaming within certain safeguards. Thus, despite Nussbaum's important reservations against shame punishments, it may still be possible for her to accept shaming within specific parameters such as those set out by the courts that protect the dignity of an offender. As a result, she need not be opposed to the use of legitimate shame punishment.

Cheryl Chase has argued that “the problem” of intersex is one of “stigma and trauma, not gender,” as those focused on medical management would have it. Despite frequent references to shame in the critical literature, there has been surprisingly little analysis of shame, or of the disgust that provokes it. This paper investigates the function of disgust in the medical management of intersex and seeks to understand the consequences—material and moral—with respect to the shame it provokes.Conventional ethical approaches may not provide quite the right tools to consider this affective dimension of the medical management of intersex, but we find in Nietzsche's Genealogy of Morality a framework that allows us a profound appreciation of its moral significance (Nietzsche 1887/1998). Understanding doctors' disgust—and the disgust that they promote in parents of those born with atypical anatomies—as a contemporary expression of ressentiment directs us to not focus on the bodies of those born with intersex conditions, which have been the privileged objects of attention both in medical practice and in criticisms of it, but moves us to consider instead the bodies of those whose responses constitute the motivating force for normalizing practices in the first place.

Martha C. Nussbaum, Hiding from Humanity: Disgust, Shame, and the Law. Princeton Nf: Princeton University Press, 2004, xv #;pl 413 pp.

Would a just society or government absolutely refrain from shaming or humiliating any of its members? "No," says this essay. It describes morally acceptable uses of shame, stigma and disgust as tools of social control in a decent (just) society. These uses involve criminal law, tort law, and informal social norms. The standard of moral acceptability proposed for determining the line is a version of perfectionistic prioritarian consequenstialism. From this standpoint, criticism is developed against Martha Nussbaum's view that to respect the dignity of each person, society absolutely must refrain from certain ways of shaming and humiliating its members and rendering them objects of communal disgust.

This is a book review of Martha C. Nussbaum - "Hiding from Humanity".