CEU Electronic Theses and Dissertations, 2012
| Author | Amparo, Thiago de Souza |
|---|---|
| Title | LAW OF DISGUST: ENFORCEMENT OF MORALS AND ITS CONSTITUTIONAL LIMITS IN LIGHT OF THE LITIGATION ON SEXUAL MINORITIES IN SOUTH AFRICA AND THE UNITED STATES |
| Summary | The present thesis addresses the longstanding problem of legal enforcement of morals against sexual minorities from a constitutional perspective. Taking as a starting point the Devlin-Hart debate, and inputs on disgust and sexual minorities from Martha Nussbaum, this thesis analyzes the role of disgust in the constitutional litigation regarding sexual minorities in South Africa and the United States, as well the constitutional framework in this two countries, particularly through the lens of the due process and equal protection clauses. It concludes, first, that a dignity-based approach is emerging in the United States, while the experience of South Africa has shown the limits and potential of a dignity-based jurisprudence due to its vagueness. Second, it affirms that a dignity-based approach interprets sexuality in a broad sense and therefore makes the debate on enforcement of morals goes beyond the realm of private acts and criminalization of sodomy. |
| Supervisor | Uitz, Renata |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2012/amparo_thiago.pdf |
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