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Martha Nussbaum Summary

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Martha Nussbaum adopts an eudaimonistic approach to law in her theory by arguing for self realization and human flourishing. Moral philosophy, according to Nussbaum, should not be founded on the image of a rational, calculating human being as claimed by the Benthamism tradition. She also argues against a foundation of submission to duty as expounded by the Kantian approach. She states that moral philosophy’s foundation rests on a richer and more complex understanding of human nature and the human predicament. As a result, Martha Nussbaum argues that emotions cannot be reduced to physiological hard wired or sub-rational instincts. Nor, are they inherently uncontrolled. They have cognitive content, and they involve a moral evaluation.”

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