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''From Disgust to Humanity: Sexual Orientation and Constitutional Law'' is a 2010 book by philosopher Martha Nussbaum. ==Summary== Nussbaum analyzes the role that disgust plays in law and public debate in the United States.〔Nussbaum, Martha. Oxford University Press. "From Disgust to Humanity: Sexual Orientation and Constitutional Law" (2010)〕 She 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 her broader thesis regarding the "politics of disgust". She 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, sodomy laws against consenting adults, constitutional bans against same-sex marriage, over-strict regulation of gay bathhouses, and bans on sex in public parks and public restrooms.〔For the last two, see Martha Nussbaum, ''From Disgust to Humanity: Sexual Orientation and Constitutional Law''. Oxford University Press, 2010, 198-199.〕 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.〔Nussbaum, ''From Disgust to Humanity'', 154-155.〕 Nussbaum 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. 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「From Disgust to Humanity」の詳細全文を読む スポンサード リンク
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