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Hiding from Humanity:
Disgust, Shame, and the Law
Martha C. Nussbaum

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Acknowledgments xiii
Introduction 1
I. Shame and Disgust: Confusion in Practice and Theory 1
II. Law without the Emotions? 5
III. Two Problematic Emotions 13
Chapter 1. Emotions and Law 19
I. Appeals to Emotion 20
II. Emotion and Belief, Emotion and Value 24
III. Emotions, Appraisal, and Moral Education 31
IV. Emotion and the "Reasonable Man": Manslaughter, Self-Defense 37
V. Emotions and Changing Social Norms 46
VI. Reasonable Sympathy: Compassion in Criminal Sentencing 48
VII. Emotions and Political Liberalism 56
VIII. How to Appraise Emotions 67
Chapter 2. Disgust and Our Animal Bodies 71
I. Disgust and Law 72
II. Pro-Disgust Arguments: Devlin, Kass, Miller, Kahan 75
III. The Cognitive Content of Disgust 87
IV. Disgust and Indignation 99
V. Projective Disgust and Group Subordination 107
VI. Disgust, Exclusion, Civilization 115
Chapter 3. Disgust and the Law 124
I. Disgust as Offense, Disgust as Criterion 125
II. Disgust and the Offender: The "Homosexual-Provocation" Defense 126
III. Disgust and the "Average Man": Obscenity 134
IV. Disgust as a Reason for Illegality: Sodomy, Necrophilia 147
V. Disgust and Nuisance Law 158
VI. Disgust and the Jury: "Horrible and Inhuman" Homicides 163
Chapter 4. Inscribing the Face: Shame and Stigma 172
I. The Blushing Face 173
II. Primitive Shame, Narcissism, and the "Golden Age" 177
III. The Refusal of Imperfection: The Case of B 189
IV. Shame and Its Relatives: Humiliation, Embarrassment 203
V. Shame and Its Relatives: Disgust, Guilt, Depression, Rage 206
VI. Constructive Shame? 211
VII. Stigma and Brand: Shame in Social Life 217
Chapter 5. Shaming Citizens? 222
I. Shame and the "Facilitating Environment" 223
II. Shame Penalties: Dignity and Narcissistic Rage 227
III. Shame and "Moral Panics": Gay Sex and "Animus" 250
IV. Moral Panics and Crime: The Gang Loitering Law 271
V. Mill's Conclusion by Another Route 278
Chapter 6. Protecting Citizens from Shame 280
I. Creating a Facilitating Environment 282
II. Shame and a Decent Living-Standard 282
III. Antidiscrimination, Hate Crimes 287
IV. Shame and Personal Privacy 296
V. Shame and People with Disabilities 305
Chapter 7. Liberalism without Hiding? 320
I. Political Liberalism, Disgust, and Shame 321
II. Mill's Defense of Liberty Reconsidered 322
III. The Case against Disgust and Shame 335
IV. Emotions and Forms of Liberalism 340
Notes 351
List of References 389
General Index 401
Index of Case Names 412

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File created: 4/21/2017

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