In my contribution to this volume, I (BHS) comment on on the stultifying rhetoric of contemporary analytic moral theory as illustrated in Judith Jarvis Thomson's Tanner Lectures, with particular reference to Thomson's anxieties about the moral relativism exhibited by college freshman and to her efforts--quite strained, in my view, and inevitably unsuccessful--to demonstrate the existence of objective judgments in matters of morality and taste .

The classical utilitarian legacy of Jeremy Bentham, J. S. Mill, James Mill, and Henry Sidgwick has often been charged with both theoretical and practical complicity in the growth of British imperialism and the emerging racialist discourse of the nineteenth century. But there has been little scholarly work devoted to bringing together the conflicting interpretive perspectives on this legacy and its complex evolution with respect to orientalism and imperialism. This volume, with contributions by leading scholars in the field, represents the first (...) attempt to survey the full range of current scholarly controversy on how the classical utilitarians conceived of 'race' and the part it played in their ethical and political programs, particularly with respect to such issues as slavery and the governance of India. The book both advances our understanding of the history of utilitarianism and imperialism and promotes the scholarly debate, clarifying the major points at issue between those sympathetic to the utilitarian legacy and those critical of it. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Concepts, Judgments, and Unity in Kant's Metaphysical Deduction of the Relational Categories CHARLES NUSSBAUM 1. INTRODUCTION TO ANY ATTENTIVEREADERof the section of the Critique of Pure Reason' known as the "Metaphysical Deduction of the Categories" (A67/B92-A83/B to9), one paragraph in that section stands out particularly by virtue of its special importance for Kant's developing argument: The same function Which gives unity to the various representations in ajudgment also gives (...) unity to the mere synthesis of various representations in an intuition; and this unity, in its most general expression, we entitle the pure concept of the understanding. The same understanding, through the same operations by which in concepts, by means of analytical unity, it produced the logical form of a judgment, also introduces a transcendental content into its representations, by means of the synthetic unity of the manifold of intuition in general.... (CPR A79/B loS) The importance of this paragraph is, however, more than equaled by its difficulties, which center on the question of how the function which operates by means of analytical unity can be the same as one that operates by means of the synthetic unity of the manifold of intuition in general. Put shortly, the problem is this. If the functions are really the same, then how do we distinguish at all between analytic and synthetic operations? But if they are different, then how can these forms of judgment serve as a clue for the discovery of the categories? ' Immanuel Kant, Critiqueof Pure Reason, trans. Norman KempSmith (London: Macmillan and Co., Ltd., 1963).Hereafter CPR. [89] 9~ JOURNAL OF THE HISTORY OF PHILOSOPHY 28:1 JANUARY 1990 The results of this dilemma which can be observed in the literature are not surprising: commentators tend to grasp one horn or the other. They either emphasize the difference between analysis and synthesis, and reject or dilute the claims as to sameness of function; or they take seriously Kant's argument concerning sameness of functions, and try to minimize the difference between analysis and synthesis. The major twentieth-century representant of the former approach is Kemp Smith," and of the latter, Paton. 3 This latter approach has found a formidable contemporary champion in the person of Henry Allison. By Allison's own admission,4 however, his position on this controversial topic was suggested (in part) by arguments first put forward over fifty years ago by Klaus Reich in a most remarkable book entitled Die Volls~ndigkeit der Kantischen Urteilstafel, 5 a book, by the way, also greatly admired by Paton. 6 In the first section of this paper I will try to show that Reich's arguments are rather more subtle than Allison apparently takes them to be, and that Reich is one commentator who attempts to go between the horns of the dilemma described above, and who essays an interpretation of our crucial paragraph that unifies its seemingly divergent tendencies. In the second section of the paper I will introduce some interpretive elements of my own. 2. Let us begin by reacquainting ourselves with Kant's notion of analytical unity, one aspect of this debate which is not particularly controversial and is largely agreed upon by all parties. For Kant, analytical unity is the sort of unity achieved by all general concepts (conceptus communes) insofar as they abstract from all differences that subsist between the objects under them, or the lower concepts subordinated to them. 7 A general concept unifies these objects or concepts by means of a common mark or set of marks. Thus Kant's example at CPR A69/B94 of the unification of bodies under the concepts 'body' and 'divisible' is a perfectly representative instance of unification via analytical unity, as the function upon which such concepts "rest." Let us note that the " Norman KempSmith,A CommentarytoKant's "Cr/t~rueofPureReason"(NewYork:HumanitiesPress, 196~). 3 H.J. Paton, Kant's MetaphysicofExperience, 2 vols.(London:George Allenand Unwin,Ltd., 1936). 4 Henry Allison,Kant's TranscendentalIdealum (NewHaven:YaleUniversityPress, 1983), 144 n. 3o. Hereafter KTI. 5 KlausReich,Die Vollst~ndigkeitderKantischenUrteilstafel,3rd. ed. (Hamburg: Meiner, 1986). Hereafter VKU. 6 Paton, Kant's Metaphysic, 1:302. Kant, we should note, does not makethis important logicaldistinctionbetweensubordination... (shrink)

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. (shrink)

A splendid edition. Schneewind's illuminating introduction succinctly situates the _Enquiry_ in its historical context, clarifying its relationship to Calvinism, to Newtonian science, and to earlier moral philosophers, and providing a persuasive account of Hume's ethical naturalism. --Martha C. Nussbaum, Brown University.

Martha Nussbaum’s capabilities approach emphasizes species-specific abilities in grounding our treatment of animals. Though this emphasis provides many action-guiding benefits, it also generates a number of complications. The criticism registered here is that Nussbaum unjustifiably restricts what is allowed into our concept of species norms, the most notable restrictions being placed on latent abilities and those that arise as a result of human intervention. These restrictions run the risk of producing inaccurate or misleading recommendations that fail to correspond to the (...) true needs of animals. Here and throughout the essay the argument draws from the lives of captive apes, especially those with extensive experience with humans. A further criticism is that the normative guidance the capabilities approach does provide is merely at the level of heuristics. Preference testing, it is argued, also uses species norms profitably as a heuristic, but it does so within a much larger and fecund system of assessing an animal’s well-being. (shrink)

Book Information Women and Human Development: The Capabilities Approach. By Martha C. Nussbaum. Cambridge University Press. Cambridge/New York. 2000. Pp. xxi + 312.

Love's bitter fruits: Martha C. Nussbaum The Therapy of Desire: Theory and Practice in Hellenistic Ethics.Max Horkheimer, Between Philosophy and Social Science: Selected Early Writings.

Drawing on Aristotle's Nicomachean Ethics and the work of Bernard Lonergan and Martha Nussbaum, Robert J. Fitterer tests the assumption that the inclusion of the emotions leads to bias in objective judgments or when determining moral truths.

In lieu of an abstract, here is a brief excerpt of the content:Martin Luther King, Jr., and the Legacy of Boston PersonalismJ. Edward Hackett1. IntroductionWhen the question of the Rev. Dr. Martin Luther King, Jr.’s philosophical legacy arises in the academy, so far, the question remains open-ended (though, as I will shortly argue, the question has already been answered by King himself). Beyond his presence in public American consciousness, King left behind speeches, sermons, correspondence, and writings that inspire both philosophical (...) and theological reflection. However, King is also interpreted on the merits of the biases and philosophical traditions that we scholars navigate. Such biases and philosophical traditions mediate our experience of encountering King, and this mediation can impact our understanding of what exactly King’s philosophical legacy is.1Accordingly, we should seek to reconstruct King’s thoughts in the philosophical vocabulary King employed rather than displacing King from his own agency and the contexts that shaped him.2 In doing so, we prevent mistakes and misunderstandings that plague the public knowledge of King’s legacy. And yet, serious misunderstanding occurs every January with light fluff pieces in major newspapers and websites from authors who do not read King’s corpus. What’s more, some scholars are guilty of this lack of reading King widely. Consider Martha Nussbaum and her glaring error and omission in her recent contribution to a recent book that purports to look at King as a philosopher: “Although a religious man, [King] did not advance in his political writings a comprehensive and religious doctrine, as Gandhi did” (Nussbaum 123). In an otherwise interesting article about political emotions, Nussbaum completely neglects any historical consideration or development where King describes himself as a personalist.3 Like others, Nussbaum disregards King’s own self-description. This disregard is tantamount to a silent [End Page 45] and implicit racism that results in scholarly efforts that deprive King of his own intellectual agency when interpreting his work. This tendency prevails in both philosophy and theology departments, and this neglect has also been the larger challenge of African American philosophy gaining more acceptance as a field of philosophical inquiry (McClendon and Ferguson 38). My efforts in this article are to put an end to continual misreadings of King. First and foremost, King is a personalist.While this essay defends the personalist interpretation of King, let me lay out briefly those pieces of evidence. The interpretation of King as a personalist rests on four evidential sources: (1) King’s own words, (2) family background, (3) influence of personalist ideas on his writings, and (4) the tradition of King’s reception by other Boston personalists. First, King describes himself in his own words as a personalist. This is perhaps the biggest piece of evidence for why we should read King as a personalist. Second, King was influenced by personalism before studying Brightman’s philosophy with Gregory Davis at Crozers Theological Seminary.4 Before Morehouse College and Crozers Theological Seminary, according to Rufus Burrow, homespun personalism emerges out of King’s upbringing within the Black Church. For this reason, scholars should not doubt that King synthesizes personalist influences with how he was raised (Burrow, God and Human Dignity 17–31). Moreover, given that King chose to go to Boston University to study with Brightman and to be where Boston personalism was known to be strong, all of these facts indicate that King was a personalist (Burrow, God and Human Dignity 24).Homespun personalism gave King a vocabulary to bring together and synthesize many intellectual forces in his life, and this synthesis is recognized by other personalists. Walter Muelder is one such personalist. Muelder was Dean of Boston University’s School of Theology from 1945–1972 when King attended. Muelder and King exchanged correspondence, and Muelder delivered many lectures, some published and others unpublished, on the personalism of King. The most famous of these lectures is one Muelder gave to Morehouse College in 1983, in which Brightman’s moral law system is read into King’s own words. Taking this historical background and also that, to this day, some teachers at Morehouse College, like Lawrence Carter, make their students learn the personalist moral law system from Muelder and Bright-man, the personalist interpretation... (shrink)

First published over thirty years ago, "Classic Philosophical Questions" has presented decades of students with the most compelling classic and contemporary readings on the most enduring and abiding questions in philosophy. The anthology, topically arranged, uses debate and argument as vehicles to teach students the fundamentals of philosophy while also demonstrating that philosophy is a discourse spanning centuries. "James A. Gould" and "Robert J. Mulvaney" continue to provide students with interesting, intriguing essays from major philosophers in a distinctive presentation, often (...) involving a pro/con format, to ensure that both the apparent and subtle points of argument are both meaningful and clear. Features of this new edition: Sections on epistemology and metaphysics introduced earlier in this edition New readings from Martha Nussbaum and Martin Luther King, Jr. Concise, student-friendly introductions to each philosopher and reading Helpful study and reflection questions focus students' reading and improve comprehension. (shrink)

Deconstructive and poststructuralist theories are commonly accused of rejecting all principles of justice and therefore “collaborating with evil.” A canonical example is Martha Nussbaum’s “The Professor of Parody” on the work of Judith Butler. The merits of Nussbaum’s argument and of the “common critique” turn on choosing between two alternative interpretations of Butler’s corpus and of poststructuralism in general. First, assumed in Nussbaum’s critique, is “universal poststructuralism.” Second is “contextual poststructuralism,” which is not susceptible to the common critique. According to (...) the latter and better reading of Butler, subversion and deconstruction take place within a background comprising relatively stable sets of norms, structures of meaning, practices and values. A background that is a necessary enabling condition of deconstructing and performing subversion or parody, and which may include moral norms and principles. Moreover, Nussbaum’s critique may be incommensurable with Butler’s project. Finally, ascribing Butler’s theory the general proposition of rejecting all norms and moral principles ignores the temporal and particularistic nature of Butler’s deconstructive agenda. (shrink)

Love's bitter fruits: Martha C. Nussbaum The Therapy of Desire: Theory and Practice in Hellenistic Ethics.Max Horkheimer, Between Philosophy and Social Science: Selected Early Writings.

As scholars envision a new regulatory or statutory neurorights schema it is important to imagine unintended consequences if reforms are implemented before their implications are fully understood. This paper critically evaluates provisions proposed for a new Chilean Constitution and evaluates this movement against efforts to improve the diagnosis of, and treatment for, individuals with disorders of consciousness within the broader context of disability law, international human rights, and a capabilities approach to health justice as advanced by Amartya Sen and Martha (...) Nussbaum. Framed in this way, any neurorights regime would need to satisfy several criteria. First it would be obliged to balance both positive and negative rights in the furtherance of human capabilities. Second, it would need to be future oriented and informed about the science it sought to regulate and not fall prey to science fiction fantasies that remain ungrounded in reality. Third, it would need to be specific and avoid generalizations that would lead to conceptual confusion and litigation that could delay scientific progress. Finally, it would need to harmonize novel neurorights with long-established norms in international disability and human rights law. A failure to meet these criteria will destine any novel neurorights regime to the periphery. At this juncture Chile’s nascent constitutional venture into neurorights fails to satisfy these criteria. While there yet may be a role for a more capacious and bivalent articulation of neurorights that account for capabilities and precedent, the current Chilean neurorights reforms are vague and premature. As such they should undergo additional scholarly scrutiny and should not be adopted by other jurisdictions. (shrink)

Xenophobic attitudes and violence have become regular phenomena in South Africa and other parts of the world. Xenophobia is of great concern not only to South Africans, but also to most developed countries or countries that are considered economically and politically viable by their neighbours, and which offer a safe haven for people who, for whatever reason, are forced to seek refuge elsewhere. Although xenophobia is not unique to South Africa, its most worrying aspect in South Africa is the government’s (...) inability to deal with this evil. The article seeks to challenge South Africa as a dominantly Ubuntu and Judeo-Christian influenced country to fight xenophobia through appealing to Ubuntu values and philoxenia. By Judeo-Christian, I mean religious beliefs and values that are common to both these religions, namely Judaism and Christianity. The article further suggests the ontology that perceives the ‘other’ as an extension of the self. It is argued that South African citizens are collectively responsible for acts of violence against foreign nationals and should thus look for a morally sustainable solution to this evil. The article relies heavily on the work of Kristeva, entitled Strangers to Ourselves, and on the work of Nussbaum, entitled Ubuntu: Reflections of a South African on Our Common Humanity, in Reflections, the Society for Organizational Learning and the Massachusetts Institute of Technology. (shrink)

The article begins with a review of the structural differences between act consequentialist theories and human rights theories, as illustrated by Amartya Sen's paradox of the Paretian liberal and Robert Nozick's utilitarianism of rights. It discusses attempts to resolve those structural differences by moving to a second-order or indirect consequentialism, illustrated by J.S. Mill and Derek Parfit. It presents consequentialist (though not utilitarian) interpretations of the contractualist theories of Jürgen Habermas and the early John Rawls (Theory of Justice) and of (...) the capability theories of Sen and Martha Nussbaum. It also discusses two roles that well-being or a surrogate for well-being typically plays in theories of human rights: (a) well-being plays a role in the justification of at least some exceptions to human rights principles; and (b) some human rights seem to be best understood as rights to some level of well-being or expected well-being (or of a surrogate for one of them). It reviews two consequentialist challenges to the moral adequacy of non-consequentialist accounts of human rights, one based on a duty to relieve suffering and the other generated by Parfit's Non-Identity Problem, and concludes with a contrast between two ways of looking at the history of the development and implementation of human rights conventions and laws. Video abstract (click to view). (shrink)

Scholars in the humanities and social sciences are keenly aware of and often deeply engaged with more global or cosmopolitan approaches to their respective fields; nevertheless, theories of cosmopolitanism remain exceedingly controversial and arise exclusively from Western philosophical sources. Recently, Martha Nussbaum presented a contemporary Western liberal cosmopolitan theory and sought to integrate it with a call for multicultural education. In this essay, I describe, analyze, and criticize Nussbaum's conception of cosmopolitanism and argue that it does not sit comfortably with (...) her laudable advocacy of multicultural education. I then draw upon resources within the Confucian tradition to sketch two alternative conceptions of cosmopolitanism, which I argue are both more powerful than what Nussbaum proposes and better support the kind of multicultural education she so eloquently advocates. (shrink)

Do the humanities have a future? In the face of an increased emphasis on the so-called practical applicability of education, some educators worry that the presence of humanistic study in schools and universities is gravely threatened. In the short-term, scholars have rallied to defend the humanities by demonstrating how they do, in fact, advance our practical interests. Martha Nussbaum, for example, argues that the humanities uniquely support democratic citizenship by cultivating critical thinking and narrative imagination — two skills needed for (...) the development of sympathetic and autonomous judgment. Defending the humanities in this manner, however, puts practitioners of the humanities in an impossible position. In this essay, Megan Laverty explains that while arguments such as Nussbaum's, which defend the instrumental value of the humanities, are persuasive and strategic, their use is double-edged. They belie the fact that the humanities are valuable for their own sake. Such arguments imply that the humanities derive their value from their ability to provide extrinsic benefits such as critical thinking and narrative imagination. Moreover, they can prevent individuals from discovering that the value of the humanities is revealed over time and from the inside out. In fact, having to answer the question of why the humanities matter puts us in an impossible position precisely because humanistic study is what Laverty describes, drawing upon the work of Talbot Brewer and R. F. Holland, as a form of dialectical activity: one in which the activity's constitutive ideals and internal goods are progressively clarified by means of the individual's ongoing engagement in the activity itself. Having redescribed the humanities as intrinsically valuable, Laverty goes on to distinguish humanistic study from other forms of dialectical activity, arguing that the humanities call upon students to imagine alternative linguistic and conceptual possibilities — thereby connecting us with others. It is in the pursuit of this question about the nature of our humanity — not its answer, but the question itself — that the meaning of humanistic study continues, indefinitely, to unfold. (shrink)

This clear and engaging introduction is the first book to assess the ideas of Kwame Anthony Appiah, the Ghanaian-British philosopher who is a leading public intellectual today. The book focuses on the theme of 'identity' and is structured around five main topics, corresponding to the subjects of his major works: race, culture, liberalism, cosmopolitanism, and moral revolutions. This handy guide: teaches students about the sources, opportunities, and dilemmas of personal and social identity - whether on the basis of race, gender, (...) sexuality, or class, among others - in the purview of Appiah. locates Appiah within a broader tradition of intellectual engagement with these issues - involving such thinkers as W. E. B. Du Bois, John Stuart Mill, and Martha Nussbaum - and thus how Appiah is both an inheritor and innovator of preceding ideas. seeks to inspire students on how to approach and negotiate identity politics in the present. This book ultimately imparts a more diverse and wider-reaching geographic sense of philosophy through the lens of Appiah and his intellectual contributions, as well as emphasize the continuing social relevance of philosophy and critical theory more generally to everyday life today. (shrink)

This essay is an analysis of the theory of human rights based on the writings of Thomas Aquinas, with special reference to the Summa Theologiae. The difference between a jus naturale found in Aquinas and the theory of human rights developed by the sixteenth century scholastic philosophers is articulated. The distinction between objective natural rights—“what is right”—and subjective natural rights—“a right”—is discussed noting that Aquinas held the former position and that later scholastic philosophers beginning with the Salamanca School of the (...) Second Scholasticism developed the latter position. The subjective theory of rights evolved into the modern and contemporary account of individual human rights. The essay ends with an argument suggesting that Aquinas’s theory of objective human rights can serve as the ontological foundation for a robust theory of both positive and negative subjective natural rights. (shrink)

Dignity may just be the most promiscuous normative abstraction. This article, informed by dignity’s historical variability, political theoretic multipurpose, and conflicting jurisprudence, focuses on a particular but influential invocation of the term: dignity as the normative ground for the ‘capabilities approach’ model of social justice. We ask whether or not the CA, in particular the influential version propounded by philosopher Martha Nussbaum, requires dignity as its foundational premise, and whether or not dignity may be more costly than beneficial for the (...) CA’s vision of a minimally just society. The first section of this article rehearses the warrants of and criticisms against the dignity-basis of Nussbaum’s CA. We canvass the relatively sparse scholarship on dignity within the CA to situate our contribution. The next two sections are case studies, demonstrating dignity’s shortcomings for assessing and regulating sex and abortion, respectively. The fourth section rebuts two possible objections to our criticisms of dignity. The fifth and final section gestures toward another normative abstraction, ‘minimum conditions of individuation’, less polysemic than dignity, which might alternatively ground the CA. (shrink)

Das Buch diskutiert den Gattungsunterschied und die Beruhrungspunkte zwischen Philosophie und Literatur. Der erste Teil enthalt analytische Lekturen Peter Handkes und beschaftigt sich mit dem Versuch Martha Nussbaums, Moralphilosophie im Rekurs auf die Dichtung zu konkretisieren. Im zweiten Teil werden - nach einem Beitrag von J. F. Lyotard - Einflusse des franzosischen Dekonstruktivismus auf die "Continental Philosophy" der USA und auf das europaische "postmoderne" Denken vorgestellt.

Les quinze sections de cet ouvrage proposent un parcours de réflexion à partir du démantèlement sadien de la normativité et de la déconstruction kierkegaardienne de la vie "bonne", qui engage des auteurs tels qu'Adorno, Arendt, Otto Gross, Agnes Heller, Kalivoda, Lacan, Cavell, Nussbaum, parmi d'autres, dans une analyse inusitée de la subjectivité révolutionnaire et des individualités révoltées. Ces critiques de l'aliénation comme "métaphysique de l'essence humaine" relancent, d'après l'autrice, la continuité artistique et l'aspiration politique du romantisme révolutionnaire, réinstallant ainsi la (...) dialectique permanente du libertinisme et du romanticisme au coeur même de l'échafaudage communiste comme scène réelle, symbolique et imaginaire de l'émancipation humaine."--Page 4 of cover. (shrink)

Book Review of The Cosmopolitan Tradition: A Noble but Flawed Ideal. By Nussbaum Martha C..

Discussions concerning whether there is a natural right to health care may occur in various forms, resulting in policy recommendations for how to implement any such right in a given society. But health care policies may be judged by international standards including the UN Universal Declaration of Human Rights. The rights enumerated in the UDHR are grounded in traditions of moral theory, a philosophical analysis of which is necessary in order to adjudicate the value of specific policies designed to enshrine (...) rights such as a right to health care. We begin with an overview of the drafting of the UDHR and highlight the primary influence of natural law theory in validating the rights contained therein. We then provide an explication of natural law theory by reference to the writings of Thomas Aquinas, as well as elucidate the complementary “capabilities approach” of Martha Nussbaum. We conclude that a right to health care ought to be guaranteed by the state. (shrink)