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Wendy Doniger and Martha Nussbaum bring together leading scholars
from a wide array of disciplines to address a crucial question: How
does the world's most populous democracy survive repeated assaults
on its pluralistic values? India's stunning linguistic, cultural,
and religious diversity has been supported since Independence by a
political structure that emphasizes equal rights for all, and
protects liberties of religion and speech. But a decent
Constitution does not implement itself, and challenges to these
core values repeatedly arise---not least in the first decade of the
twenty-first century, when the rise of Hindu Right movements
threatened to destabilize the nation and upend its core values, in
the wake of a notorious pogrom in the state of Gujarat in which
approximately 2000 Muslim civilians were killed.
Writers of fiction have always confronted topics of crime and punishment. This age-old fascination with crime on the part of both authors and readers is not surprising, given that criminal justice touches on so many political and psychological themes essential to literature, and comes equipped with a trial process that contains its own dramatic structure. This volume explores this profound and enduring literary engagement with crime, investigation, and criminal justice. The collected essays explore three themes that connect the world of law with that of fiction. First, defining and punishing crime is one of the fundamental purposes of government, along with the protection of victims by the prevention of crime. And yet criminal punishment remains one of the most abused and terrifying forms of political power. Second, crime is intensely psychological and therefore an important subject by which a writer can develop and explore character. A third connection between criminal justice and fiction involves the inherently dramatic nature of the legal system itself, particularly the trial. Moreover, the ongoing public conversation about crime and punishment suggests that the time is ripe for collaboration between law and literature in this troubled domain. The essays in this collection span a wide array of genres, including tragic drama, science fiction, lyric poetry, autobiography, and mystery novels. The works discussed include works as old as fifth-century BCE Greek tragedy and as recent as contemporary novels, memoirs, and mystery novels. The cumulative result is arresting: there are "killer wives" and crimes against trees; a government bureaucrat who sends political adversaries to their death for treason before falling to the same fate himself; a convicted murderer who doesn't die when hanged; a psychopathogical collector whose quite sane kidnapping victim nevertheless also collects; Justice Thomas' reading and misreading of Bigger Thomas; a man who forgives his son's murderer and one who cannot forgive his wife's non-existent adultery; fictional detectives who draw on historical analysis to solve murders. These essays begin a conversation, and they illustrate the great depth and power of crime in literature.
American Guy examines American norms of masculinity and their role
in the law, bringing a range of methodological and disciplinary
perspectives to the intersection of American gender, legal, and
literary issues. The collection opens with a set of papers
investigating "American Guys" -- the heroic nonconformists and
rugged individualists that populate much of American fiction.
Diverse essays examine the manly men of Hemingway, Dreiser, and
others, in their relation to the law, while also highlighting the
underlying tensions that complicate this version of masculinity. A
second set of papers examines "Outsiders" -- men on the periphery
of the American Guys who proclaim a different way of being male.
These essays take up counter-traditions of masculinity ranging from
gay male culture to Philip Roth's portrait of the Jewish lawyer.
The chapters in this volume deal with timely issues regarding democracy in theory and in practice in today's globalized world. Authored by leading political philosophers of our time, they appear here for the first time. The essays challenge and defend assumptions about the role of democracy as a viable political and legal institution in response to globalization, keeping in focus the role of rights at the normative foundations of democracy in a pluralistic world. Through an examination of key topics of current relevance, with contrasting views of the leading theorists, the chapters address the most relevant theories and forms of globalization, traditional democratic paradigms and their limits, public deliberation and democratic participation, the moral hazards of imperial democracy, and the future of liberal democracy. In addition to suggesting new perspectives on democracy, they use the current debate on justice, human rights, sovereignty, and cultural relativism to shed light on enduring questions about politics, culture, and global development. This timely and provocative collection will be of interest to anyone concerned with democracy, human rights, global justice, economic development, poverty, international law, peace, and various aspects of globalization.
Martha Nussbaum articulates a distinctive concept of feminism, rooted in the liberal tradition of political thought, but responsive to radical feminist critiques of that tradition. She maps out a feminism that is concerned with global justice and with the urgent needs of women who live in hunger or illiteracy, or under inherently unequal legal systems. In other chapters she discusses equal rights for lesbians and gay men, addresses the feminist concept of objectification, and argues for the importance of sympathy and mercy within a feminist conception of justice. She draws on previously published work, but this has been revised extensively for this volume.
This volume collects the notable published book reviews of Martha C. Nussbaum is an acclaimed philosopher who is also a professor of law and a public intellectual. Her academic work focuses on questions of moral and political philosophy and on the nature of the emotions. But over the past 25 years she has also written many book reviews for a general public, in periodicals such as The New Republic and The New York Review of Books. Dating from 1986 to the present, these essays engage, constructively and also critically, with authors like Roger Scruton, Allan Bloom, Charles Taylor, Judith Butler, Richard Posner, Catharine MacKinnon, Susan Moller Okin, and other prominent intellectuals of our time. Throughout, her views defy ideological predictability, heralding valuable work from little-known sources, deftly criticizing where criticism is due, and generally providing a compelling picture of how philosophy in the Socratic tradition can engage with broad social concerns. For this volume, Nussbaum provides an intriguing introduction that explains her selection and provides her view of the role of the public philosopher.
Widely hailed as one of the most significant works in modern political philosophy, John Rawls's Political Liberalism (1993) defended a powerful vision of society that respects reasonable ways of life, both religious and secular. These core values have never been more critical as anxiety grows over political and religious difference and new restrictions are placed on peaceful protest and individual expression. This anthology of original essays suggests new, groundbreaking applications of Rawls's work in multiple disciplines and contexts. Thom Brooks, Martha Nussbaum, Onora O'Neill (University of Cambridge), Paul Weithman (University of Notre Dame), Jeremy Waldron (New York University), and Frank Michelman (Harvard University) explore political liberalism's relevance to the challenges of multiculturalism, the relationship between the state and religion, the struggle for political legitimacy, and the capabilities approach. Extending Rawls's progressive thought to the fields of law, economics, and public reason, this book helps advance the project of a free society that thrives despite disagreements over religious and moral views.
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.
From Anthony Trollop to Sinclair Lewis, and from Jane Austen to James Joyce and John Steinbeck, many important novels touch on fundamental questions about the role of money in human affairs. These questions are explored in this volume through the lens of law and literature. The sixteen essays collected here, by important theorists from a range of disciplines, shed new light on the impact of economic change, from the Industrial Revolution to the Great Depression. Students of economics and business will gain a new appreciation of literature's insights on singular events and human emotions. Similarly, scholars and students of literature will gain an appreciation for the power of law and economics to inform literary and social analysis. The volume's focus on novels about money and economic upheaval showcases the power of the disciplinary marriage of law and literature.
This is an open access title available under the terms of a CC BY-NC-ND 3.0 IGO licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. BL Distinguished editors and contributors BL Addresses questions of some urgency for the question of women's quality of life BL Inter-disciplinary, ranging over philosophy, economics, political science, anthropology, law and sociology BL Combines theory with case-studies BL Accessible to non-specialist reader BL Sequel to The Quality of Life, edited by Martha Nussbaum and Amartya Sen, applying the 'capabilities' approach outlined in that volume BL Topical - challenges 'politically correct' relativist approaches and discusses the validity of charges of 'cultural imperialism' levelled at Western aid and intervention policies. Women, a majority of the world's population, receive only a small proportion of its opportunities and benefits. According to the 1993 UN Human Development Report, there is no country in the world in which women's quality of life is equal to that of men. This examination of women's quality of life thus addresses questions which have a particular urgency. It aims to describe the basic situation of all women and so develops a universal account that can answer the charges of 'Western imperialism' frequently made against such accounts. The contributors confront the issue of cultural relativism, criticizing the relativist apprach which, in its desire to respect different cultural traditions, can result in indifference to injustice. An account of gender justice and women's equality is then proposed in various areas in which quality of life is measured. These issues are related throughout to the specific contexts of India, Bangladesh, China, Mexico, and Nigeria through a series of case studies. Disciplines represented include philosophy, economics, political science, anthropology, law, and sociology. Like its predecessor, The Quality of Life, this volume encourages the reader to think critically about the central fundamental concepts used in development economics and suggests major criticisms of current economic approaches from that fundamental viewpoint. Contributors: Martha Nussbaum, Marty Chen, Susan Wolf, Jonathan Glover, Onora O'Neill, David Crocker, Hilary Putnam, Linda Alcoff, Amartya Sen, Susan Moller Okin, Ruth Anna Putnam, Cass R.Sunstein, Christine M.Korsgaard, Catherine Lutz, Xiaorong Li, Margarita M.Valdes, Nkiru Nzegwu
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.
Questions of gender, injustice and equality pervade all our lives, and as such, the capabilities or 'human development' approach to understanding well-being and basic political entitlements continues to be debated. In this thought-provoking book, a range of authors provide unique reflections on the capabilities approach and, specifically, Martha C. Nussbaum's contributions to issues of gender, equality and political liberalism. Moreover, the authors tackle a broad range of development issues, including those of religion, ecological and environmental justice, social justice, child care, disability and poverty. This is the first book to examine Nussbaum's work in political philosophy in such depth, bringing together a group of distinguished experts with diverse disciplinary perspectives. It also features a unique contribution from Nussbaum herself, in which she offers reactions to the discussion and her latest thoughts on the capabilities approach. Capabilities, Gender, Equality will interest a wide range of readers and policymakers interested in new human development policies.
Questions of gender, injustice and equality pervade all our lives, and as such, the capabilities or 'human development' approach to understanding well-being and basic political entitlements continues to be debated. In this thought-provoking book, a range of authors provide unique reflections on the capabilities approach and, specifically, Martha C. Nussbaum's contributions to issues of gender, equality and political liberalism. Moreover, the authors tackle a broad range of development issues, including those of religion, ecological and environmental justice, social justice, child care, disability and poverty. This is the first book to examine Nussbaum's work in political philosophy in such depth, bringing together a group of distinguished experts with diverse disciplinary perspectives. It also features a unique contribution from Nussbaum herself, in which she offers reactions to the discussion and her latest thoughts on the capabilities approach. Capabilities, Gender, Equality will interest a wide range of readers and policymakers interested in new human development policies.
This interdisciplinary volume of contributed essays focuses on issues of gender in the British novel of the eighteenth and nineteenth centuries, particularly Hardy and Trollope. Approaching the topic from a variety of backgrounds, the contributors reinvigorate the law-and-literature movement by displaying a range of ways in which literature and law can illuminate one another and in which the conversation between them can illuminate deeper human issues with which both disciplines are concerned. Their chapters shed light on a range of gender-related issues, from inheritance to money-lending to illegitimacy, but also make an important methodological contribution by displaying (and discussing) a range of methodological perspectives that exemplify the breadth and range of this discipline, which links history, gender studies, philosophy, literary studies, and law.
Wendy Doniger and Martha Nussbaum bring together leading scholars
from a wide array of disciplines to address a crucial question: How
does the world's most populous democracy survive repeated assaults
on its pluralistic values? India's stunning linguistic, cultural,
and religious diversity has been supported since Independence by a
political structure that emphasizes equal rights for all, and
protects liberties of religion and speech. But a decent
Constitution does not implement itself, and challenges to these
core values repeatedly arise---not least in the first decade of the
twenty-first century, when the rise of Hindu Right movements
threatened to destabilize the nation and upend its core values, in
the wake of a notorious pogrom in the state of Gujarat in which
approximately 2000 Muslim civilians were killed.
The philosophers of the Hellenistic schools in ancient Greece and Rome (Epicureans, Stoics, Sceptics, Academics, Cyrenaics) made important contributions to the philosophy of mind and the philosophy of psychology. This volume, which contains the proceedings of the Fifth Symposium Hellenisticum, describes and analyses their contributions on issues such as: the nature of perception, imagination and belief; the nature of the passions and their role in action; the relationship between mind and body; freedom and determinism; the role of pleasure as a goal; the effects of poetry on belief and passion. Written with a high level of historical and philosophical scholarship, the essays are intended both for classicists and for specialists interested in the philosophy of mind.
This book is a study of ancient views about "moral luck." It examines the fundamental ethical problem that many of the valued constituents of a well-lived life are vulnerable to factors outside a person's control, and asks how this affects our appraisal of persons and their lives. The Greeks made a profound contribution to these questions, yet neither the problems nor the Greek views of them have received the attention they deserve. This updated edition contains a new preface.
The philosophers of the Hellenistic schools in ancient Greece and Rome (Epicureans, Stoics, Sceptics, Academics, Cyrenaics) made important contributions to the philosophy of mind and the philosophy of psychology. This volume, which contains the proceedings of the Fifth Symposium Hellenisticum, describes and analyses their contributions on issues such as: the nature of perception, imagination and belief; the nature of the passions and their role in action; the relationship between mind and body; freedom and determinism; the role of pleasure as a goal; the effects of poetry on belief and passion. Written with a high level of historical and philosophical scholarship, the essays are intended both for classicists and for specialists interested in the philosophy of mind.
De Anima is one of the most influential and widely-studied of Aristotle's works; this volume offers stimulating discussions of all aspects of this work by leading philosophers, including, in this paperback edition, a new essay by Myles Burnyeat. Covering topics such as the relation between soul and body, sense-perception, imagination, memory, desire, and thought, the essays present the philosophical substance of Aristotle's views to the modern reader.
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.
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.
What is it to grieve for the death of a parent? More literary and experiential than other philosopical works on emotion, Upheavals of Thought will engage the reader who has ever stopped to ask that question. Emotions such as grief, fear, anger and love seem to be alien forces that disturb our thoughts and plans. Yet they also embody some of our deepest thoughts--about the importance of the people we love, about the vulnerability of our bodies and our plans to events beyond our control. In this wide-ranging book, based on her Gifford Lectures, philosopher Martha Nussbaum draws on philosophy, psychology, anthropology, music and literature to illuminate the role emotions play in our thoughts about important goals. Starting with an account of her own mother's death, she argues that emotions are intelligent appraisals of a world that we do not control, in the light of our own most significant goals and plans. She then investigates the implications of this idea for normative issues, analyzing the role of compassion in private and public reasoning and the attempts of authors both philosophical and literary to purify or reform the emotion of erotic love. Ultimately, she illuminates the structure of emotions and argues that once we understand the complex intelligence of emotions we will also have new reasons to value works of literature as sources of ethical education. Martha C. Nussbaum is Ernst Freund Distinguished Service Professor of Law and Ethics, University of Chicago, appointed in Law School, Philosophy department, and Divinity School, and an Associate in Classics. A leading scholar in ancient Greek ethics, aesthetics and literature, her previous books include The Fragility of Goodness (Cambridge, 1986), Loves's Knowledge (Oxford, 1992), Poetic Justice (Beacon Press, 1997), The Therapy of Desire (Princeton, 1996), Cultivating Humanity (Harvard, 1997), and Sex and Social Justice (Oxford, 1999). Her reviews have appeared in the New York Times, Boston Globe, New York Review of Books, and New Republic.
What is it to grieve for the death of a parent? More literary and experiential than other philosopical works on emotion, Upheavals of Thought will engage the reader who has ever stopped to ask that question. Emotions such as grief, fear, anger and love seem to be alien forces that disturb our thoughts and plans. Yet they also embody some of our deepest thoughts--about the importance of the people we love, about the vulnerability of our bodies and our plans to events beyond our control. In this wide-ranging book, based on her Gifford Lectures, philosopher Martha Nussbaum draws on philosophy, psychology, anthropology, music and literature to illuminate the role emotions play in our thoughts about important goals. Starting with an account of her own mother's death, she argues that emotions are intelligent appraisals of a world that we do not control, in the light of our own most significant goals and plans. She then investigates the implications of this idea for normative issues, analyzing the role of compassion in private and public reasoning and the attempts of authors both philosophical and literary to purify or reform the emotion of erotic love. Ultimately, she illuminates the structure of emotions and argues that once we understand the complex intelligence of emotions we will also have new reasons to value works of literature as sources of ethical education. Martha C. Nussbaum is Ernst Freund Distinguished Service Professor of Law and Ethics, University of Chicago, appointed in Law School, Philosophy department, and Divinity School, and an Associate in Classics. A leading scholar in ancient Greek ethics, aesthetics and literature, her previous books include The Fragility of Goodness (Cambridge, 1986), Loves's Knowledge (Oxford, 1992), Poetic Justice (Beacon Press, 1997), The Therapy of Desire (Princeton, 1996), Cultivating Humanity (Harvard, 1997), and Sex and Social Justice (Oxford, 1999). Her reviews have appeared in the New York Times, Boston Globe, New York Review of Books, and New Republic.
Proposing a new kind of feminism that is genuinely international, Martha Nussbaum argues for an ethical underpinning to all thought about development planning and public policy, and dramatically moves beyond the abstractions of economists and philosophers to embed thought about justice in the concrete reality of the struggles of poor women. In this book, Nussbaum argues that international political and economic thought must be sensitive to gender difference as a problem of justice, and that feminist thought must begin to focus on the problems of women in the third world. Taking as her point of departure the predicament of poor women in India, she shows how philosophy should undergird basic constitutional principles that should be respected and implemented by all governments, and used as a comparative measure of quality of life across nations. Nussbaum concludes by calling for a new international focus to feminism, and shows through concrete detail how philosophical arguments about justice really do connect with the practical concerns of public policy. HB ISBN (2000): 0-521-66086-6 |
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