Disgusted - Political and Legal Aspects of Disgust

Political and Legal Aspects of Disgust

The emotion disgust has been noted to feature strongly in the public sphere in relation to issues and debates, among other things, regarding anatomy, sex and bioethics. There is a range of views by different commentators on the role, purpose and effects of disgust on public discourse.

Leon Kass, a bioethicist, has advocated that "in crucial cases...repugnance is the emotional expression of deep wisdom, beyond reason's power fully to articulate it." in relation to bio-ethical issues (See: Wisdom of repugnance).

Martha Nussbaum, a jurist and ethicist, explicitly rejects disgust as an appropriate guide for legislating, arguing the "politics of disgust" is an unreliable emotional reaction with no inherent wisdom. Furthermore she argues this "politics of disgust" has in the past and present had the effects of supporting bigotry in the forms of sexism, racism and antisemitism and links the emotion of disgust to support for laws against Miscegenation and the oppressive caste system in India. In place of this "politics of disgust", Nussbaum argues for the Harm principle from John Stuart Mill as the proper basis for legislating. Nussbaum argues the harm principle supports the legal ideas of consent, the Age of majority and privacy and protects citizens. She contrasts this with the "politics of disgust" which she argues denies citizens humanity and equality before the law on no rational grounds and cause palpable social harm. (See Martha Nussbaum, From Disgust to Humanity: Sexual Orientation and Constitutional Law). Nussbaum published Hiding From Humanity: Disgust, Shame, and the Law in 2004; the book examines the relationship of disgust and shame to a society's laws. Nussbaum identifies disgust as a marker that bigoted, and often merely majoritarian, discourse employs to "place", by diminishment and denigration, a despised minority. Removing "disgust" from public discourse constitutes an important step in achieving humane and tolerant democracies.

Leigh Turner (2004) has argued that "reactions of disgust are often built upon prejudices that should be challenged and rebutted." On the other hand, writers, such as Kass, find wisdom in adhering to one's initial feelings of disgust. A number of writers on the theory of disgust find it to be the proto-legal foundation of human law.

Disgust has also figured prominently in the work of several other philosophers. Nietzsche became disgusted with the music and orientation of Richard Wagner, as well as other aspects of 19th century culture and morality. Jean-Paul Sartre wrote widely about experiences involving various negative emotions related to disgust.

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