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Nussbaum in 2008
May 6, 1947
|Other names||Martha Craven Nussbaum|
(m. 1969; div. 1987)
|Doctoral advisor||G. E. L. Owen|
Martha Craven Nussbaum[a] (born 1947) is an American philosopher and the current Ernst Freund Distinguished Service Professor of Law and Ethics at the University of Chicago, where she is jointly appointed in the law school and the philosophy department. She has a particular interest in ancient Greek and Roman philosophy, political philosophy, feminism, and ethics, including animal rights. She also holds associate appointments in classics, divinity, and political science, is a member of the Committee on Southern Asian Studies, and a board member of the Human Rights Program. She previously taught at Harvard and Brown.
Nussbaum is the author of a number of books, including The Fragility of Goodness (1986), Cultivating Humanity: A Classical Defense of Reform in Liberal Education (1997), Sex and Social Justice (1998), Hiding from Humanity: Disgust, Shame, and the Law (2004), Frontiers of Justice: Disability, Nationality, Species Membership (2006), and From Disgust to Humanity: Sexual Orientation and Constitutional Law (2010). She received the 2016 Kyoto Prize in Arts and Philosophy and the 2018 Berggruen Prize.
Nussbaum was born on May 6, 1947, in New York City, the daughter of George Craven, a Philadelphia lawyer, and Betty Warren, an interior designer and homemaker. During her teenage years, Nussbaum attended The Baldwin School in Bryn Mawr. She described her upbringing as "East Coast WASP elite ... very sterile, very preoccupied with money and status". She would later credit her impatience with "mandarin philosophers" and dedication to public service as the "repudiation of my own aristocratic upbringing. I don't like anything that sets itself up as an in-group or an elite, whether it is the Bloomsbury group or Derrida".
She studied theatre and classics at New York University, getting a Bachelor of Arts degree in 1969, and gradually moved to philosophy while at Harvard University, where she received a Master of Arts degree in 1972 and a Doctor of Philosophy degree in 1975, studying under G. E. L. Owen.
When she became the first woman to hold the Junior Fellowship at Harvard, Nussbaum received a congratulatory note from a "prestigious classicist" who suggested that since "female fellowess" was an awkward name, she should be called hetaira, for in Greece these educated courtesans were the only women who participated in philosophical symposia.
In the 1970s and early 1980 she taught philosophy and classics at Harvard, where she was denied tenure by the Classics Department in 1982. Nussbaum then moved to Brown University, where she taught until 1994 when she joined the University of Chicago Law School faculty. Her 1986 book The Fragility of Goodness, on ancient Greek ethics and Greek tragedy, made her a well-known figure throughout the humanities. More recent work (Frontiers of Justice) establishes Nussbaum as a theorist of global justice.
Nussbaum's work on capabilities has often focused on the unequal freedoms and opportunities of women, and she has developed a distinctive type of feminism, drawing inspiration from the liberal tradition, but emphasizing that liberalism, at its best, entails radical rethinking of gender relations and relations within the family.
Nussbaum's other major area of philosophical work is the emotions. She has defended a neo-Stoic account of emotions that holds that they are appraisals that ascribe to things and persons, outside the agent's own control, great significance for the person's own flourishing. On this basis she has proposed analyses of grief, compassion, and love, and, in a later book, of disgust and shame.
Nussbaum has engaged in many spirited debates with other intellectuals, in her academic writings as well as in the pages of semi-popular magazines and book reviews and, in one instance, when testifying as an expert witness in court. She testified in the Colorado bench trial for Romer v. Evans, arguing against the claim that the history of philosophy provides the state with a "compelling interest" in favor of a law denying gays and lesbians the right to seek passage of local non-discrimination laws. A portion of this testimony, dealing with the potential meanings of the term tolmêma in Plato's work, was the subject of controversy, and was called misleading and even perjurious by critics. She responded to these charges in a lengthy article called "Platonic Love and Colorado Law". Nussbaum used multiple references from Plato's Symposium and his interactions with Socrates as evidence for her argument. The debate continued with a reply by one of her sternest critics, Robert P. George. Nussbaum has criticized Noam Chomsky as being among the leftist intellectuals who hold the belief that "one should not criticize one's friends, that solidarity is more important than ethical correctness". She suggests that one can "trace this line to an old Marxist contempt for bourgeois ethics, but it is loathsome whatever its provenance". Among the people whose books she has reviewed critically are Allan Bloom, Harvey Mansfield, and Judith Butler. Her more serious and academic debates have been with figures such as John Rawls, Richard Posner, and Susan Moller Okin.
She was married to Alan Nussbaum from 1969 until they divorced in 1987, a period which also saw her conversion to Judaism, and the birth of her daughter Rachel. Nussbaum's interest in Judaism has continued and deepened: on August 16, 2008, she became a bat mitzvah in a service at Temple K. A. M. Isaiah Israel in Chicago's Hyde Park, chanting from the Parashah Va-etchanan and the Haftarah Nahamu, and delivering a D'var Torah about the connection between genuine, non-narcissistic consolation and the pursuit of global justice.
The Fragility of Goodness: Luck and Ethics in Greek Tragedy and Philosophy confronts the ethical dilemma that individuals strongly committed to justice are nevertheless vulnerable to external factors that may deeply compromise or even negate their human flourishing. Discussing literary as well as philosophical texts, Nussbaum seeks to determine the extent to which reason may enable self-sufficiency. She eventually rejects the Platonic notion that human goodness can fully protect against peril, siding with the tragic playwrights and Aristotle in treating the acknowledgment of vulnerability as a key to realizing the human good.
Her interpretation of Plato's Symposium in particular drew considerable attention. Under Nussbaum's consciousness of vulnerability, the re-entrance of Alcibiades at the end of the dialogue undermines Diotima's account of the ladder of love in its ascent to the non-physical realm of the forms. Alcibiades's presence deflects attention back to physical beauty, sexual passions, and bodily limitations, hence highlighting human fragility.
Fragility brought attention to Nussbaum throughout the humanities. It garnered wide praise in academic reviews, and even drew acclaim in the popular media. Camille Paglia credited Fragility with matching "the highest academic standards" of the twentieth century, and The Times Higher Education called it "a supremely scholarly work". Nussbaum's reputation extended her influence beyond print and into television programs like PBS's Bill Moyers.
Cultivating Humanity: A Classical Defense of Reform in Liberal Education appeals to classical Greek texts as a basis for defense and reform of the liberal education. Noting the Greek cynic philosopher Diogenes' aspiration to transcend "local origins and group memberships" in favor of becoming "a citizen of the world", Nussbaum traces the development of this idea through the Stoics, Cicero, and eventually the classical liberalism of Adam Smith and Immanuel Kant. Nussbaum champions multiculturalism in the context of ethical universalism, defends scholarly inquiry into race, gender, and human sexuality, and further develops the role of literature as narrative imagination into ethical questions.
At the same time, Nussbaum also censured certain scholarly trends. She excoriated deconstructionist Jacques Derrida saying "on truth [he is] simply not worth studying for someone who has been studying Quine and Putnam and Davidson". She cites Zhang Longxi, who labels Derrida's analysis of Chinese culture "pernicious" and without "evidence of serious study". More broadly, Nussbaum criticized Michel Foucault for his "historical incompleteness [and] lack of conceptual clarity", but nevertheless singled him out for providing "the only truly important work to have entered philosophy under the banner of 'postmodernism.'" Nussbaum is even more critical of figures like Allan Bloom, Roger Kimball, and George Will for what she considers their "shaky" knowledge of non-Western cultures and inaccurate caricatures of today's humanities departments.
The New York Times praised Cultivating Humanity as "a passionate, closely argued defense of multiculturalism" and hailed it as "a formidable, perhaps definitive defense of diversity on American campuses". Nussbaum was the 2002 recipient of the University of Louisville Grawmeyer Award in Education.
Sex and Social Justice sets out to demonstrate that sex and sexuality are morally irrelevant distinctions that have been artificially enforced as sources of social hierarchy; thus, feminism and social justice have common concerns. Rebutting anti-universalist objections, Nussbaum proposes functional freedoms, or central human capabilities, as a rubric of social justice.
Nussbaum discusses at length the feminist critiques of liberalism itself, including the charge advanced by Alison Jaggar that liberalism demands ethical egoism. Nussbaum notes that liberalism emphasizes respect for others as individuals, and further argues that Jaggar has elided the distinction between individualism and self-sufficiency. Nussbaum accepts Catharine MacKinnon's critique of abstract liberalism, assimilating the salience of history and context of group hierarchy and subordination, but concludes that this appeal is rooted in liberalism rather than a critique of it.
Nussbaum condemns the practice of female genital mutilation, citing deprivation of normative human functioning in its risks to health, impact on sexual functioning, violations of dignity, and conditions of non-autonomy. Emphasizing that female genital mutilation is carried out by brute force, its irreversibility, its non-consensual nature, and its links to customs of male domination, Nussbaum urges feminists to confront female genital mutilation as an issue of injustice.
Nussbaum also refines the concept of "objectification", as originally advanced by Catharine MacKinnon and Andrea Dworkin. Nussbaum defines the idea of treating as an object with seven qualities: instrumentality, denial of autonomy, inertness, fungibility, violability, ownership, and denial of subjectivity. Her characterization of pornography as a tool of objectification puts Nussbaum at odds with sex-positive feminism. At the same time, Nussbaum argues in support of the legalization of prostitution, a position she reiterated in a 2008 essay following the Spitzer scandal, writing: "The idea that we ought to penalize women with few choices by removing one of the ones they do have is grotesque."
Sex and Social Justice was highly praised by critics in the press. Salon declared: "She shows brilliantly how sex is used to deny some people—i.e., women and gay men—social justice." The New York Times praised the work as "elegantly written and carefully argued". Kathryn Trevenen praised Nussbaum's effort to shift feminist concerns toward interconnected transnational efforts, and for explicating a set of universal guidelines to structure an agenda of social justice. Patrick Hopkins singled out for praise Nussbaum's "masterful" chapter on sexual objectification. Radical feminist Andrea Dworkin faulted Nussbaum for "consistent over-intellectualisation of emotion, which has the inevitable consequence of mistaking suffering for cruelty".
Hiding from Humanity extends Nussbaum's work in moral psychology to probe the arguments for including two emotions—shame and disgust—as legitimate bases for legal judgments. Nussbaum argues that individuals tend to repudiate their bodily imperfection or animality through the projection of fears about contamination. This cognitive response is in itself irrational, because we cannot transcend the animality of our bodies. Noting how projective disgust has wrongly justified group subordination (mainly of women, Jews, and homosexuals), Nussbaum ultimately discards disgust as a reliable basis of judgment.
Turning to shame, Nussbaum argues that shame takes too broad a target, attempting to inculcate humiliation on a scope that is too intrusive and limiting on human freedom. Nussbaum sides with John Stuart Mill in narrowing legal concern to acts that cause a distinct and assignable harm.
In an interview with Reason magazine, Nussbaum elaborated:
Disgust and shame are inherently hierarchical; they set up ranks and orders of human beings. They are also inherently connected with restrictions on liberty in areas of non-harmful conduct. For both of these reasons, I believe, anyone who cherishes the key democratic values of equality and liberty should be deeply suspicious of the appeal to those emotions in the context of law and public policy.
Nussbaum's work was received with wide praise. The Boston Globe called her argument "characteristically lucid" and hailed her as "America's most prominent philosopher of public life". Her reviews in national newspapers and magazines garnered unanimous praise. In academic circles, Stefanie A. Lindquist of Vanderbilt University lauded Nussbaum's analysis as a "remarkably wide ranging and nuanced treatise on the interplay between emotions and law".
A prominent exception was Roger Kimball's review published in The New Criterion, in which he accused Nussbaum of "fabricating" the renewed prevalence of shame and disgust in public discussions and says she intends to "undermine the inherited moral wisdom of millennia". He rebukes her for "contempt for the opinions of ordinary people" and ultimately accuses Nussbaum herself of "hiding from humanity".
Nussbaum has recently drawn on and extended her work on disgust to produce a new analysis of the legal issues regarding sexual orientation and same-sex conduct. Her book From Disgust to Humanity: Sexual Orientation and the Constitution was published by Oxford University Press in 2009, as part of their "Inalienable Rights" series, edited by Geoffrey Stone.
In the 2010 book From Disgust to Humanity: Sexual Orientation and Constitutional Law Nussbaum analyzes the role that disgust plays in law and public debate in the United States. The book primarily analyzes constitutional legal issues facing gay and lesbian Americans but also analyzes issues such as anti-miscegenation statutes, segregation, antisemitism and the caste system in India as part of its broader thesis regarding the "politics of disgust".
Nussbaum posits that the fundamental motivations of those advocating legal restrictions against gay and lesbian Americans is a "politics of disgust". These legal restrictions include blocking sexual orientation being protected under anti-discrimination laws (See: Romer v. Evans), sodomy laws against consenting adults (See: Lawrence v. Texas), constitutional bans against same-sex marriage (See: California Proposition 8 (2008)), over-strict regulation of gay bathhouses, and bans on sex in public parks and public restrooms. Nussbaum also argues that legal bans on polygamy and certain forms of incestuous (e.g. brother–sister) marriage partake of the politics of disgust and should be overturned.
She identifies the "politics of disgust" closely with Lord Devlin and his famous opposition to the Wolfenden report that recommended decriminalizing private consensual homosexual acts on the basis that those things would "disgust the average man". To Devlin, the mere fact some people or act may produce popular emotional reactions of disgust provides an appropriate guide for legislating. She also identifies the 'wisdom of repugnance' as advocated by Leon Kass as another "politics of disgust" school of thought as it claims that disgust "in crucial cases ... repugnance is the emotional expression of deep wisdom, beyond reason's power fully to articulate it".
Nussbaum goes on to explicitly oppose the concept of a disgust-based morality as an appropriate guide for legislating. Nussbaum notes that popular disgust has been used throughout history as a justification for persecution. Drawing upon her earlier work on the relationship between disgust and shame, Nussbaum notes that at various times, racism, antisemitism, and sexism, have all been driven by popular revulsion.
In place of this "politics of disgust", Nussbaum argues for the harm principle from John Stuart Mill as the proper basis for limiting individual liberties. Nussbaum argues the harm principle, which supports the legal ideas of consent, the age of majority, and privacy, protects citizens while the "politics of disgust" is merely an unreliable emotional reaction with no inherent wisdom. Furthermore, Nussbaum argues this "politics of disgust" has denied and continues to deny citizens humanity and equality before the law on no rational grounds and causes palpable social harms to the groups affected.
From Disgust to Humanity earned acclaim in the United States, and prompted interviews in The New York Times and other magazines. One conservative magazine, The American Spectator, offered a dissenting view, writing: "[H]er account of the 'politics of disgust' lacks coherence, and 'the politics of humanity' betrays itself by not treating more sympathetically those opposed to the gay rights movement." The article also argues that the book is marred by factual errors and inconsistencies.
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|Non-profit organization positions|
| President of the Human Development
and Capability Association
William G. Bowen
| Grawemeyer Award for Education
| Princess of Asturias Award
for Social Sciences
| Kyoto Prize in Arts and Philosophy
The Baroness O'Neill of Bengarve
| Berggruen Prize