August 6, 2004

Danger to Human Dignity: the Revival of Disgust and Shame in the Law

By MARTHA C. NUSSBAUM

The law, most of us would agree, should be society's protection against prejudice. That does not imply that emotions play no legitimate role in legal affairs, for often emotions help people to see a situation clearly, doing justice to the concerns that ought to be addressed. The compassion of judge and jurors during the penalty phase of a criminal trial, for example, has been held to be an essential part of criminal justice, a way of connecting to the life story of a defendant whose

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