Should laws about sex and pornography be based on social conventions about what is disgusting? Should felons be required to display bumper stickers or wear T-shirts that announce their crimes? This powerful and elegantly written book, by one of America's most influential philosophers, presents a critique of the role that shame and disgust play in our individual and social lives and, in particular, in the law.Martha Nussbaum argues that we should be wary of these emotions because they are associated in (...) troubling ways with a desire to hide from our humanity, embodying an unrealistic and sometimes pathological wish to be invulnerable. Nussbaum argues that the thought-content of disgust embodies "magical ideas of contamination, and impossible aspirations to purity that are just not in line with human life as we know it." She argues that disgust should never be the basis for criminalizing an act, or play either the aggravating or the mitigating role in criminal law it currently does. She writes that we should be similarly suspicious of what she calls "primitive shame," a shame "at the very fact of human imperfection," and she is harshly critical of the role that such shame plays in certain punishments.Drawing on an extraordinarily rich variety of philosophical, psychological, and historical references--from Aristotle and Freud to Nazi ideas about purity--and on legal examples as diverse as the trials of Oscar Wilde and the Martha Stewart insider trading case, this is a major work of legal and moral philosophy. (shrink)

This article examines the ways that state sexual regimes intersect with migration controls to re-make exclusionary nation-states and geopolitical hierarchies among women. I focus on two important Irish Supreme Court rulings: the X case (1992) and the O case (2002), respectively. X was a raped, pregnant, 14-year-old who sought an abortion in Britain. While the Supreme Court ultimately permitted her to procure an abortion, women's right to travel across international borders without government inquiry into their reproductive status came into question. (...) The O case concerned a Nigerian asylum seeker who invoked the fact that she was pregnant in an effort to avoid deportation. The Supreme Court, however, affirmed that she could be deported, despite the Irish Constitution's pledge to protect the ‘right to life of the unborn.’ Considered together, these cases reveal how overlapping sexual/migration control regimes both reinscribe hierarchies among women based on geopolitical location, and rebound the exclusionary nation-state despite growing transnationalism. (shrink)

This special issue explores the relevance of shame to feminist theory and practice. Across a number of contexts, theoretical frames, and disciplines, the articles collated here provide a stimulating engagement with shame, posing questions and developing analyses that have a direct bearing on feminism. For, the significance of shame to feminists lies in the complex and often troubling implications it holds as a feeling that may be experienced differently by people of certain genders (and none), and in its relation to (...) power. Indeed, as the contributions to this special issue highlight, shame may play a role in our moral development, but given its often readily acknowledged harmful effects, shame is frequently put to politically problematic and morally questionable ends. In patriarchal societies the outgrowths of this regularly entail gendered consequences, as gendered shame may form a disciplining device operating through structures of oppression, such as gender, but also class, race, ethnicity, sexuality, nationality, and related intersectional categories. The question of a politics of shame therefore arises in the context of a consideration of the social and political deployment and manipulation of shame, and the reported divergence in the shame experience itself, which feminists have attributed to its manifestation through, among others, gender. (shrink)

In this article, I trace the politics of shame in the context of the problematization of women’s bodies as markers of sexual immorality in modern Ireland. I argue that the post-Independence project of national identity formation established women as bearers of virtue and purity and that sexual transgression threatening this new identity came to be severely punished. By hiding women, children, and all those deemed to be dangerous to national self-representations of purity, the Irish state, supported by Catholic moral values (...) and teaching, physically removed its embodied instances of national shame through a system of mass institutionalization. Just as shame entails the covering of one’s blemishes, so the shaming of women deemed to be deviant by church and state involved their covering via incarceration in Magdalen laundries, among other institutions. By assessing recent events highlighted by inquiries into Irish institutions—Magdalen laundries, reformatory and industrial schools, and soon mother and baby homes—in terms of the politics of shame, this article aims to shed light on the pervasiveness of institutionalization in Ireland and the complex relationship between said institutions, gender, sexuality, and nation building in the early decades of the Irish state. (shrink)