from disgust to humanity sexual orientation and constitutional law inalienable rights series

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From Disgust To Humanity

Author : Martha C. Nussbaum
ISBN : 0199745978
Genre : Law
File Size : 39. 55 MB
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A distinguished professor of law and philosophy at the University of Chicago, a prolific writer and award-winning thinker, Martha Nussbaum stands as one of our foremost authorities on law, justice, freedom, morality, and emotion. In From Disgust to Humanity, Nussbaum aims her considerable intellectual firepower at the bulwark of opposition to gay equality: the politics of disgust. Nussbaum argues that disgust has long been among the fundamental motivations of those who are fighting for legal discrimination against lesbian and gay citizens. When confronted with same-sex acts and relationships, she writes, they experience "a deep aversion akin to that inspired by bodily wastes, slimy insects, and spoiled food--and then cite that very reaction to justify a range of legal restrictions, from sodomy laws to bans on same-sex marriage." Leon Kass, former head of President Bush's President's Council on Bioethics, even argues that this repugnance has an inherent "wisdom," steering us away from destructive choices. Nussbaum believes that the politics of disgust must be confronted directly, for it contradicts the basic principle of the equality of all citizens under the law. "It says that the mere fact that you happen to make me want to vomit is reason enough for me to treat you as a social pariah, denying you some of your most basic entitlements as a citizen." In its place she offers a "politics of humanity," based not merely on respect, but something akin to love, an uplifting imaginative engagement with others, an active effort to see the world from their perspectives, as fellow human beings. Combining rigorous analysis of the leading constitutional cases with philosophical reflection about underlying concepts of privacy, respect, discrimination, and liberty, Nussbaum discusses issues ranging from non-discrimination and same-sex marriage to "public sex." Recent landmark decisions suggest that the views of state and federal courts are shifting toward a humanity-centered vision, and Nussbaum's powerful arguments will undoubtedly advance that cause. Incisive, rigorous, and deeply humane, From Disgust to Humanity is a stunning contribution to Oxford's distinguished Inalienable Rights series.

Song Of Songs

Author : F. Scott Spencer
ISBN : 9780814681497
Genre : Religion
File Size : 30. 61 MB
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Arguably the biggest blockbuster love song ever composed, the Song of Songs holds a unique place in Jewish and Christian canons as the “holiest” book, in the minds of some readers, and the sexiest in its language and imagery. This commentary aims to interpret this vibrant Song in a contemporary feminist key, informed by close linguistic-literary and social-cultural analysis. Though finding much in the Song to celebrate for women (and men) in their embodied, passionate lives, this work also exposes tensions, vulnerabilities, and inequities between the sexes and among society at large—just what we would expect of a perceptive, poignant love ballad that still tops the charts.

Historical Dictionary Of The Lesbian And Gay Liberation Movements

Author : JoAnne Myers
ISBN : 9780810874688
Genre : Social Science
File Size : 89. 58 MB
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The Historical Dictionary of the Lesbian and Gay Liberation Movements covers the history of this movement through a cross-referenced dictionary with over 1000 entries on specific countries and regions, influential historical figures, laws that criminalized same-sex sexuality, various historical terms that have been used to refer to aspects of same-sex love, and contemporary events and legal decisions. Including a comprehensive chronology and bibliography, this book is an excellent access point for students, researchers, and anyone interested in learning more about the struggle for equality.

Cosmic Constitutional Theory

Author : J. Harvie Wilkinson III
ISBN : 9780199930074
Genre : Law
File Size : 52. 68 MB
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American constitutional law has undergone a transformation. Issues once left to the people have increasingly become the province of the courts. Subjects as diverse as abortion rights and firearms regulations, health care reform and counterterrorism efforts, not to mention a millennial presidential election, are more and more the domain of judges. What sparked this development? In this engaging volume, Judge J. Harvie Wilkinson argues that America's most brilliant legal minds have launched a set of cosmic constitutional theories that, for all their value, are undermining self-governance. Thinkers as diverse as Justices William Brennan and Antonin Scalia, Professor John Hart Ely, Judges Robert Bork and Richard Posner, have all produced seminal interpretations of our Founding document, but ones that promise to imbue courts with unprecedented powers. While crediting the theorists for the sparkling quality of their thoughts, Judge Wilkinson argues they will slowly erode the role of representative institutions in America and leave our children bereft of democratic liberty. The loser in all the theoretical fireworks is the old and honorable tradition of judicial restraint. The judicial modesty once practiced by Learned Hand, John Harlan, and Oliver Wendell Holmes has given way to competing schools of liberal and conservative activism seeking sanctuary in Living Constitutionalism, Originalism, Process Theory, or the supposedly anti-theoretical creed of Pragmatism. Each of these seemingly disparate theories promises their followers an intellectually respectable route to congenial political outcomes from the bench. Judge Wilkinson calls for a plainer, simpler, self-disciplined commitment to judicial restraint and democratic governance, a course that alas may be impossible so long as the cosmic constitutionalists so dominate contemporary legal thought.

More Essential Than Ever

Author : Stephen J. Schulhofer
ISBN : 9780199752997
Genre : Political Science
File Size : 59. 49 MB
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When the states ratified the Bill of Rights in the eighteenth century, the Fourth Amendment seemed straightforward. It requires that government respect the right of citizens to be "secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." Of course, "papers and effects" are now digital and thus more vulnerable to government spying. But the biggest threat may be our own weakening resolve to preserve our privacy. In this potent new volume in Oxford's Inalienable Rights series, legal expert Stephen J. Schulhofer argues that the Fourth Amendment remains, as the title says, more essential than ever. From data-mining to airport body scans, drug testing and aggressive police patrolling on the streets, privacy is under assault as never before--and we're simply getting used to it. But the trend is threatening the pillars of democracy itself, Schulhofer maintains. "Government surveillance may not worry the average citizen who reads best-selling books, practices a widely accepted religion, and adheres to middle-of-the-road political views," he writes. But surveillance weighs on minorities, dissenters, and unorthodox thinkers, "chilling their freedom to read what they choose, to say what they think, and to associate with others who are like-minded." All of us are affected, he adds. "When unrestricted search and surveillance powers chill speech and religion, inhibit gossip and dampen creativity, they undermine politics and impoverish social life for everyone." Schulhofer offers a rich account of the history and nuances of Fourth Amendment protections, as he examines such issues as street stops, racial profiling, electronic surveillance, data aggregation, and the demands of national security. The Fourth Amendment, he reminds us, explicitly authorizes invasions of privacy--but it requires justification and accountability, requirements that reconcile public safety with liberty. Combining a detailed knowledge of specific cases with a deep grasp of Constitutional law, More Essential than Ever offers a sophisticated and thoughtful perspective on this important debate.

Debating Same Sex Marriage

Author : John Corvino
ISBN : 9780199756322
Genre : Family & Relationships
File Size : 30. 71 MB
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This volume presents both sides of the debate over whether same-sex marriage should be legalized.

The Twilight Of Human Rights Law

Author : Eric Posner
ISBN : 9780199313464
Genre : Political Science
File Size : 61. 3 MB
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Countries solemnly intone their commitment to human rights, and they ratify endless international treaties and conventions designed to signal that commitment. At the same time, there has been no marked decrease in human rights violations, even as the language of human rights has become the dominant mode of international moral criticism. Well-known violators like Libya, Saudi Arabia, and Sudan have sat on the U.N. Council on Human Rights. But it's not just the usual suspects that flagrantly disregard the treaties. Brazil pursues extrajudicial killings. South Africa employs violence against protestors. India tolerate child labor and slavery. The United States tortures. In The Twilight of Human Rights Law--the newest addition to Oxford's highly acclaimed Inalienable Rights series edited by Geoffrey Stone--the eminent legal scholar Eric A. Posner argues that purposefully unenforceable human rights treaties are at the heart of the world's failure to address human rights violations. Because countries fundamentally disagree about what the public good requires and how governments should allocate limited resources in order to advance it, they have established a regime that gives them maximum flexibility--paradoxically characterized by a huge number of vague human rights that encompass nearly all human activity, along with weak enforcement machinery that churns out new rights but cannot enforce any of them. Posner looks to the foreign aid model instead, contending that we should judge compliance by comprehensive, concrete metrics like poverty reduction, instead of relying on ambiguous, weak, and easily manipulated checklists of specific rights. With a powerful thesis, a concise overview of the major developments in international human rights law, and discussions of recent international human rights-related controversies, The Twilight of Human Rights Law is an indispensable contribution to this important area of international law from a leading scholar in the field.

Liberty Of Conscience

Author : Martha Craven Nussbaum
ISBN : 9780465051649
Genre : Social Science
File Size : 73. 95 MB
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An analysis of America's commitment to religious liberty uses political history, philosophical ideas, and key constitutional cases to discuss its basis in six principles: equality, respect for conscience, liberty, accommodation of minorities, nonestablishment, and separation of church and state.

Philosophical Interventions

Author : Martha C. Nussbaum
ISBN : 9780199777853
Genre : Literary Criticism
File Size : 89. 12 MB
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This volume collects the notable published book reviews of Martha C. Nussbaum, 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.

Philosophers Take On The World

Author : David Edmonds
ISBN : 9780198753728
Genre :
File Size : 57. 16 MB
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Every day the news shows us provoking stories about what's going on in the world, about events which raise moral questions and problems. In Philosophers Take On the World a team of philosophers get to grips with a variety of these controversial issues, from the amusing to the shocking, inshort, engaging, often controversial pieces. Covering topics from guns to abortion, the morality of drinking alone, hating a sports team, and being rude to cold callers, the essays will make you think again about the judgements we make on a daily basis and the ways in which we choose to conduct ourlives. Philosophers Take On the World is based on the blog run by the Uehiro Centre for Practical Ethics at the University of Oxford, one of the world's leading centres for applied ethics.

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