Nussbaum and Law
by Robin West
The essays collected in this volume reflect the profound
impact of Martha Nussbaum’s philosophical writings on law and legal
scholarship. The capabilities approach that she has largely authored has
influenced the approach scholars take to the law of disabilities, both in the
United States and in Canada, as well as to international human rights and to
domestic private law’s protections of vulnerable populations. Her analyses of
the relationship between our emotions and our thought and action has triggered
a re-assessment of the legal regulation and recognition of emotion in a range
of fields, most particularly in the field of criminal law; and her writing on
the nature of dignity has informed an understanding of the emerging civil
rights of gay and lesbian citizens worldwide. Our appreciation of the role of
narrative in legal thought and discourse and the contributions of literature to
law and legal culture, have also been broadened and deepened by her
contributions. Taken together, and including the introduction by the editor,
the essays collected in this volume demonstrate the far-reaching impact of
Nussbaum’s philosophical oeuvre.
