Constitutional Foundations: Nussbaum's Starting Point

Martha Nussbaum is an American philosopher and the current Ernst Freund Distinguished Service Professor of Law and Ethics at the University of Chicago. Her work focuses on ancient Greek and Roman philosophy, political philosophy, existentialism, feminism, and ethics, including animal rights. Nussbaum's capability theory of justice, which she derived from the requirements of human dignity, has received intense criticism. She suggests that her list of capabilities should be democratically debated and incorporated into national constitutional guarantees, international human rights legislation, and international development policy. Her work on the legal issues regarding sexual orientation and same-sex conduct, such as constitutional bans against same-sex marriage, has also been influential.

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Martha Nussbaum's work on constitutions is influenced by her study of ancient Greek and Roman philosophy

Martha Nussbaum is an American philosopher and legal scholar known for her work in ancient Greek and Roman philosophy, political philosophy, existentialism, feminism, ethics, and law. She has written more than two dozen books, including The Fragility of Goodness (1986), which focuses on ancient Greek ethics and Greek tragedy. Nussbaum's work has been influenced by her study of ancient Greek and Roman philosophy, which has informed her thinking on a range of topics, including constitutional law and human rights.

Nussbaum's interest in ancient Greek and Roman philosophy began during her studies at Harvard University, where she received a Master of Arts degree in 1972 and a Doctor of Philosophy degree in 1975. She taught philosophy and classics at Harvard in the 1970s and early 1980s before moving to Brown University in 1982. At Brown, Nussbaum continued to explore ancient Greek philosophy, and her book The Fragility of Goodness drew upon the works of ancient Greek tragedians Aeschylus, Sophocles, and Euripides to challenge a middle-Platonic conception of the good life.

In The Fragility of Goodness, Nussbaum argued that the works of Greek tragic poets were a valuable source of moral instruction because they portrayed the struggle to live ethically in a complex, nuanced, and realistic way. This work established Nussbaum as a prominent figure in the humanities and demonstrated her ability to apply ancient Greek and Roman philosophy to modern ethical and social issues.

Nussbaum has also applied her knowledge of ancient Greek and Roman philosophy to her work on constitutional law and human rights. In her book From Disgust to Humanity: Sexual Orientation and the Constitution (2009), Nussbaum analyzed the role that disgust plays in law and public debate in the United States, particularly regarding constitutional legal issues facing gay and lesbian Americans. She argued that the fundamental motivation behind legal restrictions against the LGBTQ community is often a "politics of disgust." Nussbaum's work in this area has been influenced by her understanding of ancient Greek and Roman philosophy, which has shaped her thinking on issues of ethics, justice, and human dignity.

Furthermore, Nussbaum has developed a capability theory of justice, deriving from the requirements of human dignity, a list of central capabilities that she argues should be incorporated into national constitutions and guaranteed to all. This theory has been influenced by her study of ancient Greek and Roman philosophy, particularly the work of Aristotle, whose ethical theory acknowledged the inherent vulnerabilities involved in commitments and attachments that partly constitute a good human life. Nussbaum's capability theory has been both influential and controversial, with some critics questioning its epistemological basis and universality.

In conclusion, Martha Nussbaum's work on constitutions is influenced by her study of ancient Greek and Roman philosophy, which has shaped her thinking on a range of topics, including ethics, justice, and human rights. Her ability to draw connections between ancient philosophy and modern social and political issues has made her a prominent figure in the humanities and a significant contributor to contemporary debates on constitutional law and human rights.

Nussbaum's approach to constitutions is internationalist and liberal

Martha Nussbaum is an American philosopher and the current Ernst Freund Distinguished Service Professor of Law and Ethics at the University of Chicago. She has written more than two dozen books, including The Fragility of Goodness (1986), which focuses on ancient Greek ethics and Greek tragedy. Nussbaum's work has also centred on ancient Greek and Roman philosophy, political philosophy, existentialism, feminism, and ethics, including animal rights.

Nussbaum's capability theory of justice has received criticism. Some have questioned the epistemological basis of her approach, finding it suspicious that after years of cross-cultural discussion, her list remains an 'intellectualized' Aristotelian one. Others have argued that her approach is elitist and over-optimistic about what constitutions and governments are capable of, while also missing out on important capabilities and being inappropriate for many uses. In response to such criticisms, Nussbaum has defended the contents of her list as having cross-cultural credibility, emphasising that she is not trying to impose a definitive capability theory on everyone.

Nussbaum's approach to women's issues is "part of a systematic and justifiable program that addresses hierarchy across the board in the name of human dignity." Her view is that political theory should be based on "the conception of human beings as essentially rational agents," with a focus on practical (moral and political) reason. At the heart of Nussbaum's liberal theory of justice and human rights is Amartya Sen's concept of substantial freedoms. Nussbaum's approach to constitutions is also reflected in her work on the legal issues regarding sexual orientation and same-sex conduct. Her book From Disgust to Humanity: Sexual Orientation and Constitutional Law (2010) analyses the role that disgust plays in law and public debate in the United States, particularly in relation to constitutional legal issues facing gay and lesbian Americans.

Nussbaum's work on constitutions has focused on the unequal freedoms and opportunities of women

Martha Nussbaum is an American philosopher and the current Ernst Freund Distinguished Service Professor of Law and Ethics at the University of Chicago, with appointments in the law school and the philosophy department. She has written more than two dozen books, including The Fragility of Goodness (1986), which focuses on ancient Greek ethics and Greek tragedy.

Nussbaum's work on constitutions has often focused on the unequal freedoms and opportunities of women. She has developed a distinctive type of feminism, drawing inspiration from the liberal tradition. Nussbaum emphasizes that true liberalism entails a radical rethinking of gender relations and relations within the family. She has also contributed to developing the capabilities approach to well-being, alongside Amartya Sen. This approach asks, "What is each person able to do and to be?" and considers an individual's developable abilities (internal abilities), freedom, and opportunity.

Nussbaum's capability theory of justice has received some criticism. Some have questioned the epistemological basis of her approach, finding it suspicious that her list of capabilities remains basically the same after years of cross-cultural discussion. Others have argued that her legal-moral-philosophical orientation is overly optimistic about what constitutions and governments are capable of, and that her approach is elitist and paternalistic.

Nussbaum's work on women's rights and gender justice aims to provide a philosophical foundation for basic constitutional principles that should be respected and implemented by governments. She argues for a list of central capabilities, including functional freedoms, that should be enshrined in every country's constitution and guaranteed to all up to a certain threshold. These capabilities should be democratically debated and incorporated into national constitutional guarantees, international human rights legislation, and international development policy. Nussbaum's work on disgust and its role in law and public debate has also led her to analyze the legal issues regarding sexual orientation and same-sex conduct, with a focus on the politics of disgust.

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Nussbaum's work on constitutions has been criticised for its legal-moral-philosophical orientation

Martha Nussbaum is an American philosopher and the current Ernst Freund Distinguished Service Professor of Law and Ethics at the University of Chicago, where she is jointly appointed in the law school and the philosophy department. She has associate appointments in classics, divinity, and political science and is a member of the Committee on Southern Asian Studies and a board member of the Human Rights Program. Her work has focused on ancient Greek and Roman philosophy, political philosophy, existentialism, feminism, and ethics, including animal rights.

Nussbaum's capability theory of justice has also received intense criticism. Some have questioned the epistemological basis of her approach, finding it suspicious that, after years of cross-cultural discussion, her list remains a basically unchanged, 'intellectualized' Aristotelian one (Okin 2003). Stewart (2001) suggests that Nussbaum's list reflects the values of a typical 21st-century American liberal rather than a set of timeless universal values or a contemporary global overlapping consensus.

Nussbaum's work on constitutions has also been criticised for its focus on the role of disgust in law and public debate in the United States. Her book From Disgust to Humanity: Sexual Orientation and Constitutional Law (2010) analyses the legal issues facing gay and lesbian Americans, including constitutional bans against same-sex marriage. Nussbaum posits that the fundamental motivation of those advocating legal restrictions against gay and lesbian Americans is a "politics of disgust". These legal restrictions include blocking sexual orientation from being protected under anti-discrimination laws and sodomy laws against consenting adults.

Nussbaum's work on the role of disgust in law and public debate has been criticised by Roger Kimball, who accused her of "fabricating" the renewed prevalence of shame and disgust in public discussions and of intending to "undermine the inherited moral wisdom of millennia". He further rebukes her for her "contempt for the opinions of ordinary people" and accuses her of "hiding from humanity".

Nussbaum's work on constitutions has addressed issues of nationalism and political community

Martha Nussbaum is an American philosopher and the current Ernst Freund Distinguished Service Professor of Law and Ethics at the University of Chicago. Her work has focused on ancient Greek and Roman philosophy, political philosophy, existentialism, feminism, and ethics, including animal rights. She has also made significant contributions to developing the capabilities approach to well-being, alongside Amartya Sen.

Nussbaum's capability theory of justice has been criticised for its legal-moral-philosophical orientation, which some argue is elitist and overly optimistic about what constitutions and governments can achieve (Menon, 2002). Her theory has also been criticised for being over-specified and paternalistic, potentially inappropriate for various applications such as quality of life measurement or development fieldwork (Alkire, 2005).

Despite these criticisms, Nussbaum's work on constitutions has had a significant impact on addressing issues of nationalism and political community. She has argued for the inclusion of certain capabilities in every country's constitution, such as freedom of speech, bodily health, bodily integrity, and practical reason. These capabilities should be guaranteed to all individuals up to a certain threshold, which should be democratically debated and incorporated into national constitutional guarantees, reflecting the values and circumstances of specific political societies.

In her work on sexual orientation and constitutional law, Nussbaum analyses constitutional legal issues facing gay and lesbian Americans, including legal restrictions such as anti-miscegenation statutes, sodomy laws, and constitutional bans against same-sex marriage. She identifies these restrictions as part of the politics of disgust, arguing that they should be overturned. Nussbaum's work in this area further demonstrates her commitment to addressing issues of nationalism and political community through her contributions to constitutional discourse and the protection of individual rights.

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