Saturday, July 21, 2012

Hiding from Humanity: Disgust, Shame, and the Law

Martha C. Nussbaum in her 2006 book Hiding from Humanity: Disgust, Shame, and the Law, made strong case to eliminate the influence of disgust (& shame) from our political sphere. Her book although on surface looks like a critic of Leon K 's brilliant essay the wisdom of repugnance, its not. It's an important book since her argument is against something quintessentially human and it would quixotic to even imagine politics sans disgust... may be someday. Excerpts from first chapter here:


"Disgust, I shall argue, is very different from anger, in that its thought-content is typically unreasonable, embodying magical ideas of contamination, and impossible aspirations to purity, immortality, and nonanimality, that are just not in line with human life as we know it. That does not mean that disgust did not play a valuable role in our evolution; very likely it did. Nor does it mean that it does not play a useful function in our current daily lives; very likely it does. Perhaps even the function of hiding from us problematic aspects of our humanity is useful; perhaps we cannot easily live with too much vivid awareness of the fact that we are made of sticky and oozy substances that will all too soon decay. 

I shall argue, however, that a clear understanding of disgust's thought-content should make us skeptical about relying on it as a basis for law. That skepticism should grow greatly as we see how disgust has been used throughout history to exclude and marginalize groups or people who come to embody the dominant group's fear and loathing of its own animality and mortality. 
I shall ultimately take a very strong line against disgust, arguing that it should never be the primary basis for rendering an act criminal, and should not play either an aggravating or a mitigating role in the criminal law where it currently does so. The valuable role for disgust in the law, it seems to me, is confined to areas such as nuisance law and zoning where it seems legitimate to allow offense, not just harm, to play a guiding role.

Shame is more complicated than disgust in another way as well: there is much more to be said about its positive role in development and social life, in connection with valuable ideals and aspirations. Thus my story about shame will ultimately be quite complex, and will involve distinguishing different varieties of shame, some more and some less reliable. I shall argue that what I shall call "primitive shame"--a shame closely connected to an infantile demand for omnipotence and the unwillingness to accept neediness--is, like disgust, a way of hiding from our humanity that is both irrational in the normative sense, embodying a wish to be a type of creature one is not, and unreliable in the practical sense, frequently bound up with narcissism and an unwillingness to recognize the rights and needs of others.

Even though this sort of shame can be in many ways transcended, such favorable outcomes do not always take place. Moreover, all human beings very likely carry a good deal of primitive shame around with them, even after they in some ways transcend it. For this reason, and other reasons I shall offer, shame is likely to be normatively unreliable in public life, despite its potential for good. I shall then argue that a liberal society has particular reasons to inhibit shame and to protect its citizens from shaming."







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