The Right to be Publicly Naked: A Defence of Nudism
Many liberal democracies have legal restrictions on nudism. This article argues that when public nudity does not pose a health threat (which it seldom does), such restrictions are unjust. To vindicate this claim, I start by showing that there are two weighty interests served by the freedom to be naked in public. First, it promotes individual well-being; not only can nudist activities have great recreational value, recent studies have found that exposure to non-idealised naked bodies has a positive impact on body image, and, ultimately, on life satisfaction. Second, public nudity has expressive value; apart from being a constitutive element of various spiritual and religious worldviews, public nudity is frequently used to protest (perceived) social and political evils. As I go on to argue, the reasons for abolishing current anti-nudist laws that stem from these interests are not overridden, let alone cancelled, by the offence that public nudity might cause. Indeed, whereas my principal aim is to defend the freedom to be publicly naked when this poses no health threat, I will contend that states should recognise this liberty as a distinct legal right rather than try to subsume it under existing rights or secure it simply by excluding non-sexual, non-exhibitionist public nudity from existing laws against public indecency, sexual exhibition, and disorderly conduct.
Introduction
While liberal democracies often pride themselves on their liberties, many have far-reaching restrictions on nudism. There are various offences under which nudism or public nudity (I will use these terms interchangeably) might be circumscribed within these societies. These include, but are not limited to: indecent exposure, public indecency, sexual exhibition, disturbances to public order, and threats to public peace (Hörnle 2006). In France, for instance, the penal code proscribes “Publicly visible sexual exhibition in public zones”, an offence that is punishable by 1 year of imprisonment and a 15,000 euro fine.Footnote1 In the UK, the Public Order Act of 1986 proscribes public nudity when it is likely to cause “harassment, alarm or distress”Footnote2 (though nudists are frequently arrested even when it is doubtful whether this conditional is met; more on this below). In the Netherlands, article 430a of the civil code proscribes public nudity when it is “evidently not suitable”,Footnote3 but does not specify when this is the case. In the US, approaches towards nudism can differ markedly among its states, as a comparison between Oregon and Arkansas illustrates. Whereas Oregon legally protects public nudity as free speech, provided there is no “intent to arouse”,Footnote4 Arkansas not only proscribes nudism beyond the immediate family unit (including nudity on private property), but also criminalises the promotion and advocacy of pro-nudist views, which is punishable by a $2500 fine and up to a year in jail.Footnote5
These and other anti-nudist laws and ordinances have not been toothless. In 2014, a group of Dutch naturists received 90-euro fines for naked recreation in a park where they had been gathering for over 30 years.Footnote6 Previously, the municipality had banned public nudity from the park, arguing that naked recreation had become unsuitable due to increased visitor numbers and the risk that the presence of nudist recreants may deter restaurants and cafes from settling in the area.Footnote7 In fact, for public nudity to be merely visible from public areas can already trigger sanctions under Dutch law. In 2009, a 55-year old man from Amersfoort was fined for walking naked in his own home (without closing the curtains) after he had been warned twice by local authorities to dress up.Footnote8 In the UK, nudists have suffered even harsher penalties. Consider the case of Stephen Gough, a war veteran who has become known for his naked hikes through the UK, which have given him the nickname of the ‘Naked Rambler’. After being repeatedly charged with breaching anti-social behaviour orders, Gough has spent about 10 years of his life behind bars (part of which in solitary confinement for refusing to wear clothes in prisonFootnote9), causing him to miss much of his children’s childhoods. Likewise, Terri Sue Webb, a pro-nudism activist, has been imprisoned multiple times for public nudity within the US. On several occasions, her refusal to wear clothes in prison has resulted in longer jail sentences.Footnote10
It would be mistaken to see these laws and ordinances as relics of Victorian sensibilities that will sooner or later be replaced by a more liberal approach towards the naked body. The untenability of such a Whiggish view of ever-expanding freedom is illustrated by recent developments in Spain and California. While Spain has traditionally been tolerant of nudism, its Supreme Court authorised local authorities to restrict public nudity in 2009. Despite protests by nudist organisations, various municipalities have subsequently restricted nudism on public beaches (e.g. Castell-Platja d’Aro, Cádiz, Valladolid), reportedly with the aim of appeasing visiting families.Footnote11 Similarly, San Francisco (of all places) decided to ban public nudity in 2012.Footnote12 Whereas first-time violations of this ban are subject to a 100-dollar fine, second citations cost 200 dollars and third-time offences result in a fine up to 500 dollars and a prison sentence of up to 1 year.Footnote13
In short, not only is true that contemporary liberal democracies heavily circumscribe public nudity, there is little reason for believing that these restrictions are bound to be lifted eventually. As the Spanish and San Franciscan cases evince, anti-nudist laws can become more stringent, which fits into a broader pattern of expanding nuisance and offence-related legislation across liberal societies (Persak 2016).
The aim of this article is to show that the above (and comparable) restrictions on nudism are unjust. It argues that when public nudity poses no health threat—as it rarely does—states should allow it. Specifically, my contention is that states should recognise this liberty as a distinct right rather than try to protect it under existing rights, or secure it simply by excluding non-sexual, non-exhibitionist public nudity from existing laws against public indecency, sexual exhibition, and disorderly conduct. By a ‘right to be publicly naked’, I mean a legally protected liberty to be naked in a range of places, including public beaches, streets, squares, and forests. For present purposes, I will not focus on privately-owned spaces to which members of the general public have entry, such as swimming pools and shopping malls. While I believe there is a case for requiring owners of such places to admit nude visitors, defending this claim is beyond this paper’s remit.
Reasons for Recognising a Right to be Publicly Naked
To defend a right to engage in some action, or to refrain from doing so, I take it that it is necessary to identify interests in the relevant (in)action that are strong enough to merit legal protection (Raz 1988). Accordingly, to defend a right to be publicly naked, we must identify the interests served by such a right.
Well-Being
One such interest lies in its potential contributions to people’s well-being. As we will see below, not only can a right to be publicly naked promote the well-being of many nudists, but also those of many non-nudists whose body image and, ultimately, life satisfaction, might be promoted by exposure to non-idealised naked bodies (i.e. bodies that fall short of prevailing aesthetic standards). To show that the freedom to be naked in public can make significant (morally innocent) contributions to well-being, I will adduce three kinds of evidence: testimonial, abductive, and empirical.
Testimonial Evidence
Whereas nudists are often depicted as sexual miscreants or psychologically disturbed individuals, there are abundant testimonies that practising nudism can bring pleasures that are neither immoral nor pathological. For example, a journalist of the Guardian described his first naked hike as follows:
Being naked is profoundly liberating. It’s not just the physical feeling of the air, sun or sea over your entire body: there’s a psychological release, too. When you shed your clothes, many social pressures also somehow fall away.Footnote14
Such experiences are by no means limited to first-time nudists. Andrew Welch, an experienced naturist and spokesperson of British Naturism, speaks of a
[…] a liberating feeling when you’re naked in the fresh air, or skinny-dipping, or jumping in a hot tub.Footnote15
Or consider the testimony of Richard Collins, an electrical engineer and nudist of three decades who has become known for his naked bike rides through Cambridge, England (and subsequent arrests). When asked about his motivation for cycling nude, he replied:
Cycling is a great way to get a bit of exercise in itself – but especially without any clothes on […] You feel the breeze on your skin, and the sun on your skin – it feels wonderful.Footnote16
Indeed, taking pleasure in nude recreation is not unique to our day and age. Recounting his trip to a naturist resort near Bremen (Germany) in the early 1930s, Howard Warren reported a
[…] distinct joy in the free movements of the naked body which is lacking when one is clothed in the conventional gym-suit (Warren 1933, p. 172).
As well as a
A peculiar joy in wandering naked through the cool pine woods, whether by day or by moonlight, which is far superior to airbathing in a restricted garden (Warren 1933, p. 172).
These and numerous other testimonies that I could have included—but have not for reasons of space—provide good evidence that nudism can make positive contributions to people’s well-being. To avoid confusion, I am not suggesting that being naked in public (or in private for that matter) is invariably pleasurable for those who engage in it.Footnote17 There are many situations in which it might not be, for example when the weather is cold or when being unclothed would expose oneself to insect bites. However, defending a right to be publicly naked does not require one to show that that being publicly naked is always pleasurable. It merely needs to be shown that there are at least some occasions where it brings net pleasure to people. Since there is no reason for believing that all of the above testimonies—and various other ones that could have been provided—are inaccurate, such occasions appear to exist.
Abductive Evidence
The abovementioned tastes for nude recreation are by no means idiosyncratic. Polls conducted by Ipsos-Mori suggest that about a quarter of all Britons have taken part in some nudist activity between 2001 and 2011, such as nude sunbathing.Footnote18 In the Netherlands, the national naturist organisation (NFN) boasts approximately 72,000 members,Footnote19 whereas approximately 600,000 individuals are registered with private nudist or Freikörperkultur [free body culture] clubs in Germany. More recently, naked bike rides have garnered widespread public interest; cities such as Portland, Amsterdam, and Mexico-City (among many others) participate in the annual World Naked Bike Ride, with the 2017 Portland edition alone attracting nearly 9000 participants.Footnote20 Such figures complement the abovementioned testimonial evidence by providing abductive evidence of nudism’s potential to promote individual well-being. The idea is that unless nudism has this potential, it becomes difficult to explain why so many individuals practice it and why some are even willing to do so at the risk of incurring legal and/or social sanctions. Lending further support to this inference is the fact that nude recreation is not unique to our age. While the German Freikörperkultur dates back to the nineteenth century, some of the earliest examples of nudist activities—and societal acceptance thereof—can already be found in Ancient Athens, whose male citizens practiced nude athletics (Górnicka 2016).
To be sure, I am not claiming that everyone who practices nudism will experience net pleasure (or that everyone who does so practices nudism in order to experience pleasure, or that pleasure is all that matters as some utilitarians maintain). There can be, and undoubtedly are individuals for whom being publicly naked does not have these effects. All that I am claiming is that it is unlikely that nudism would be such a popular and persistent phenomenon if it did not promote the well-being of certain groups of nudists.
A Counterproductivity Objection
At this point, we should ponder the possibility that any well-being-promoting effects of nudism depend on public nudity remaining largely banned. The thought here is this: If the joy of nudism depends on the feelings of liberation that it induces—recall, for instance, the BBC journalist who reported a “psychological release” when wandering through town naked—and if the existence of such feelings depends on nudism remaining largely proscribed (unless some action is prohibited or taboo in some way or other, it is difficult to see how doing that action could be liberating), then by largely decriminalising it, nudism would cease to promote people’s well-being.
An immediate reply is that even if this mechanism obtains, the idea that coercive laws should be left in place for the joy of breaking them is a reductio ad absurdum. Though I am sympathetic to this view, it should be noted that even if it is not a reductio, this would still not justify the scope of existing restrictions on public nudity. To vindicate this claim, we need to consider the well-being-related costs of maintaining such restrictions.
These costs include diminished access to the well-being promoting effects of nudism that do not depend on the sustenance of anti-nudist laws. For examples of such effects, one might recall Collins’ description of the “wonderful” feeling of the breeze and sun on your skin, or Warren’s report of the delight in the “free movements of the naked body which is lacking when one is clothed in the conventional gym-suit”. Being akin to basic physical sensations, the pleasure of these experiences is not reduced by the legalisation of nudist activities. (Likewise, we will see below that exposure to non-idealised naked bodies can have a positive impact on body image, and, ultimately, on life satisfaction, that is not diminished by the decriminalisation of public nudity.)
Besides denying opportunities for enhanced well-being to people, sustaining anti-nudist laws can adversely affect their current well-being. Such reductions in well-being might be caused by the penalties on violating anti-nudist laws (e.g. fines, prison sentences); the fear that nudists might have of being caught violating such laws; the feelings of guilt that such violations might induce in them; and—when anti-nudist laws are vague—the uncertainty that they might suffer about whether they are acting illegally by appearing naked in certain places. The following remark by Mark Nisbet, editor of Health & Efficiency Magazine, captures many of these evils:
The moral and legal climate in the UK is very harsh when it comes to public nudity. It encourages apprehension and fear among those nudists who are less bold than the very small minority of nudists with an attitude, who go nude wherever they chose.Footnote21
Further reductions in well-being might be engendered by ways in which nudists are stigmatised by proscriptions on nudism. Such stigmatisation occurs, for instance, when these individuals are persecuted under (sexual) misconduct laws and when they are forced to gather on designated places (e.g. nudist beaches). Not only are these things degrading, they are also widely experienced as such; as Nisbet points out, many nudists are “vexed by segregation and angered at being one notch up from sexual exhibitionists in the eyes of the law”.Footnote22 Or consider the following statement by Joaquim Plana, president of the Catalan Naturist Club, on a recently introduced nudity ban on a Catalan beach:
What bothers us is that they include us in the civic ordinance, describing our behaviour as antisocial. There’s nothing further from reality […] They say it’s to protect families, but we also have families. Nudists aren’t odd people.Footnote23
What these observations suggest is that even if the notion that the joy of breaching certain laws can be a reason for maintaining those laws is not a reductio—as I believe it is—the pleasure that nudists may derive from breaching current anti-nudist laws will usually be outweighed by the disutility that maintaining such laws engenders. Furthermore, once we add to the equation people’s expressive interests in their abolishment (which are discussed shortly), the sustenance of current large-scale restrictions on public nudity becomes even more difficult to defend.
Empirical Evidence
A third source of support for the link between nudism and well-being is provided by empirical studies of the last few decades (e.g. Lewis and Janda 1988; Okami et al. 1998; Okami 1995; Oleinick et al. 1966; West 2017). Besides showing that exposure to (non-exhibitionist) public nudity lacks the detrimental psychological and behavioural effects commonly attributed to it, these studies have found that such exposure can have positive effects on well-being by promoting people’s body image.
Consider these findings in the order stated. Whereas it is often feared that exposure to nudity has a detrimental psychological and behavioural impact on children, this has not been corroborated by empirical research. Studies by Oleinick et al. (1966) and Lewis and Janda (1988) found no relationship between early-life exposure to nudity and the development of psychiatric symptoms later in life. In an 18-year longitudinal outcome study, Okami et al. (1998) assessed the relationship between early-life exposure to parental nudity and levels of self-acceptance; relations with peers, parents, and other adults; antisocial and criminal behaviour; substance use; suicidal ideation; quality of sexual relationships; and problems associated with sexual relations. No adverse effects were found. In fact, some positive effects were reported for boys and/or women, including reduced risk of teenage pregnancy; contracting sexually transmitted diseases; use of recreational drugs; antisocial behaviour; and higher levels of self-acceptance (Okami et al. 1998).
More recent studies have linked exposure to non-idealised nude bodies—i.e. bodies that do not meet the standards of thinness for women and muscularity for men that are commonly depicted in the media and advertisement—to improved body image. These findings are pertinent, as improved body image has been shown to promote life satisfaction through its positive impact on self-esteem (Acun-Kapikiran et al. 2014; Kostanski and Gullone 1998; Olivardia et al. 2004; Paradise and Kernis 2002; Park et al. 2014; Pujols et al. 2010). Whereas Swami (2016) found that women who regularly participated in drawing sessions that featured live (naked) models had higher body appreciation, as well as a lower drive for thinness and lower social physique anxiety, West (2017) found that participation in naturist activities tends to conduce to a more positive image of one’s own body (whereby seeing others naked was found to be to be more important than being seen naked by others).
So far, I have marshalled testimonial, abductive, and empirical evidence for the claim that a right to be publicly naked can make significant contributions to well-being. To make a conclusive case for such a right, however, we must address the objection that many individuals find public nudity offensive, and have their well-being undermined by it.
Introduction
While liberal democracies often pride themselves on their liberties, many have far-reaching restrictions on nudism. There are various offences under which nudism or public nudity (I will use these terms interchangeably) might be circumscribed within these societies. These include, but are not limited to: indecent exposure, public indecency, sexual exhibition, disturbances to public order, and threats to public peace (Hörnle 2006). In France, for instance, the penal code proscribes “Publicly visible sexual exhibition in public zones”, an offence that is punishable by 1 year of imprisonment and a 15,000 euro fine.Footnote1 In the UK, the Public Order Act of 1986 proscribes public nudity when it is likely to cause “harassment, alarm or distress”Footnote2 (though nudists are frequently arrested even when it is doubtful whether this conditional is met; more on this below). In the Netherlands, article 430a of the civil code proscribes public nudity when it is “evidently not suitable”,Footnote3 but does not specify when this is the case. In the US, approaches towards nudism can differ markedly among its states, as a comparison between Oregon and Arkansas illustrates. Whereas Oregon legally protects public nudity as free speech, provided there is no “intent to arouse”,Footnote4 Arkansas not only proscribes nudism beyond the immediate family unit (including nudity on private property), but also criminalises the promotion and advocacy of pro-nudist views, which is punishable by a $2500 fine and up to a year in jail.Footnote5
These and other anti-nudist laws and ordinances have not been toothless. In 2014, a group of Dutch naturists received 90-euro fines for naked recreation in a park where they had been gathering for over 30 years.Footnote6 Previously, the municipality had banned public nudity from the park, arguing that naked recreation had become unsuitable due to increased visitor numbers and the risk that the presence of nudist recreants may deter restaurants and cafes from settling in the area.Footnote7 In fact, for public nudity to be merely visible from public areas can already trigger sanctions under Dutch law. In 2009, a 55-year old man from Amersfoort was fined for walking naked in his own home (without closing the curtains) after he had been warned twice by local authorities to dress up.Footnote8 In the UK, nudists have suffered even harsher penalties. Consider the case of Stephen Gough, a war veteran who has become known for his naked hikes through the UK, which have given him the nickname of the ‘Naked Rambler’. After being repeatedly charged with breaching anti-social behaviour orders, Gough has spent about 10 years of his life behind bars (part of which in solitary confinement for refusing to wear clothes in prisonFootnote9), causing him to miss much of his children’s childhoods. Likewise, Terri Sue Webb, a pro-nudism activist, has been imprisoned multiple times for public nudity within the US. On several occasions, her refusal to wear clothes in prison has resulted in longer jail sentences.Footnote10
It would be mistaken to see these laws and ordinances as relics of Victorian sensibilities that will sooner or later be replaced by a more liberal approach towards the naked body. The untenability of such a Whiggish view of ever-expanding freedom is illustrated by recent developments in Spain and California. While Spain has traditionally been tolerant of nudism, its Supreme Court authorised local authorities to restrict public nudity in 2009. Despite protests by nudist organisations, various municipalities have subsequently restricted nudism on public beaches (e.g. Castell-Platja d’Aro, Cádiz, Valladolid), reportedly with the aim of appeasing visiting families.Footnote11 Similarly, San Francisco (of all places) decided to ban public nudity in 2012.Footnote12 Whereas first-time violations of this ban are subject to a 100-dollar fine, second citations cost 200 dollars and third-time offences result in a fine up to 500 dollars and a prison sentence of up to 1 year.Footnote13
In short, not only is true that contemporary liberal democracies heavily circumscribe public nudity, there is little reason for believing that these restrictions are bound to be lifted eventually. As the Spanish and San Franciscan cases evince, anti-nudist laws can become more stringent, which fits into a broader pattern of expanding nuisance and offence-related legislation across liberal societies (Persak 2016).
The aim of this article is to show that the above (and comparable) restrictions on nudism are unjust. It argues that when public nudity poses no health threat—as it rarely does—states should allow it. Specifically, my contention is that states should recognise this liberty as a distinct right rather than try to protect it under existing rights, or secure it simply by excluding non-sexual, non-exhibitionist public nudity from existing laws against public indecency, sexual exhibition, and disorderly conduct. By a ‘right to be publicly naked’, I mean a legally protected liberty to be naked in a range of places, including public beaches, streets, squares, and forests. For present purposes, I will not focus on privately-owned spaces to which members of the general public have entry, such as swimming pools and shopping malls. While I believe there is a case for requiring owners of such places to admit nude visitors, defending this claim is beyond this paper’s remit.
Reasons for Recognising a Right to be Publicly Naked
To defend a right to engage in some action, or to refrain from doing so, I take it that it is necessary to identify interests in the relevant (in)action that are strong enough to merit legal protection (Raz 1988). Accordingly, to defend a right to be publicly naked, we must identify the interests served by such a right.
Well-Being
One such interest lies in its potential contributions to people’s well-being. As we will see below, not only can a right to be publicly naked promote the well-being of many nudists, but also those of many non-nudists whose body image and, ultimately, life satisfaction, might be promoted by exposure to non-idealised naked bodies (i.e. bodies that fall short of prevailing aesthetic standards). To show that the freedom to be naked in public can make significant (morally innocent) contributions to well-being, I will adduce three kinds of evidence: testimonial, abductive, and empirical.
Testimonial Evidence
Whereas nudists are often depicted as sexual miscreants or psychologically disturbed individuals, there are abundant testimonies that practising nudism can bring pleasures that are neither immoral nor pathological. For example, a journalist of the Guardian described his first naked hike as follows:
Being naked is profoundly liberating. It’s not just the physical feeling of the air, sun or sea over your entire body: there’s a psychological release, too. When you shed your clothes, many social pressures also somehow fall away.Footnote14
Such experiences are by no means limited to first-time nudists. Andrew Welch, an experienced naturist and spokesperson of British Naturism, speaks of a
[…] a liberating feeling when you’re naked in the fresh air, or skinny-dipping, or jumping in a hot tub.Footnote15
Or consider the testimony of Richard Collins, an electrical engineer and nudist of three decades who has become known for his naked bike rides through Cambridge, England (and subsequent arrests). When asked about his motivation for cycling nude, he replied:
Cycling is a great way to get a bit of exercise in itself – but especially without any clothes on […] You feel the breeze on your skin, and the sun on your skin – it feels wonderful.Footnote16
Indeed, taking pleasure in nude recreation is not unique to our day and age. Recounting his trip to a naturist resort near Bremen (Germany) in the early 1930s, Howard Warren reported a
[…] distinct joy in the free movements of the naked body which is lacking when one is clothed in the conventional gym-suit (Warren 1933, p. 172).
As well as a
A peculiar joy in wandering naked through the cool pine woods, whether by day or by moonlight, which is far superior to airbathing in a restricted garden (Warren 1933, p. 172).
These and numerous other testimonies that I could have included—but have not for reasons of space—provide good evidence that nudism can make positive contributions to people’s well-being. To avoid confusion, I am not suggesting that being naked in public (or in private for that matter) is invariably pleasurable for those who engage in it.Footnote17 There are many situations in which it might not be, for example when the weather is cold or when being unclothed would expose oneself to insect bites. However, defending a right to be publicly naked does not require one to show that that being publicly naked is always pleasurable. It merely needs to be shown that there are at least some occasions where it brings net pleasure to people. Since there is no reason for believing that all of the above testimonies—and various other ones that could have been provided—are inaccurate, such occasions appear to exist.
Abductive Evidence
The abovementioned tastes for nude recreation are by no means idiosyncratic. Polls conducted by Ipsos-Mori suggest that about a quarter of all Britons have taken part in some nudist activity between 2001 and 2011, such as nude sunbathing.Footnote18 In the Netherlands, the national naturist organisation (NFN) boasts approximately 72,000 members,Footnote19 whereas approximately 600,000 individuals are registered with private nudist or Freikörperkultur [free body culture] clubs in Germany. More recently, naked bike rides have garnered widespread public interest; cities such as Portland, Amsterdam, and Mexico-City (among many others) participate in the annual World Naked Bike Ride, with the 2017 Portland edition alone attracting nearly 9000 participants.Footnote20 Such figures complement the abovementioned testimonial evidence by providing abductive evidence of nudism’s potential to promote individual well-being. The idea is that unless nudism has this potential, it becomes difficult to explain why so many individuals practice it and why some are even willing to do so at the risk of incurring legal and/or social sanctions. Lending further support to this inference is the fact that nude recreation is not unique to our age. While the German Freikörperkultur dates back to the nineteenth century, some of the earliest examples of nudist activities—and societal acceptance thereof—can already be found in Ancient Athens, whose male citizens practiced nude athletics (Górnicka 2016).
To be sure, I am not claiming that everyone who practices nudism will experience net pleasure (or that everyone who does so practices nudism in order to experience pleasure, or that pleasure is all that matters as some utilitarians maintain). There can be, and undoubtedly are individuals for whom being publicly naked does not have these effects. All that I am claiming is that it is unlikely that nudism would be such a popular and persistent phenomenon if it did not promote the well-being of certain groups of nudists.
A Counterproductivity Objection
At this point, we should ponder the possibility that any well-being-promoting effects of nudism depend on public nudity remaining largely banned. The thought here is this: If the joy of nudism depends on the feelings of liberation that it induces—recall, for instance, the BBC journalist who reported a “psychological release” when wandering through town naked—and if the existence of such feelings depends on nudism remaining largely proscribed (unless some action is prohibited or taboo in some way or other, it is difficult to see how doing that action could be liberating), then by largely decriminalising it, nudism would cease to promote people’s well-being.
An immediate reply is that even if this mechanism obtains, the idea that coercive laws should be left in place for the joy of breaking them is a reductio ad absurdum. Though I am sympathetic to this view, it should be noted that even if it is not a reductio, this would still not justify the scope of existing restrictions on public nudity. To vindicate this claim, we need to consider the well-being-related costs of maintaining such restrictions.
These costs include diminished access to the well-being promoting effects of nudism that do not depend on the sustenance of anti-nudist laws. For examples of such effects, one might recall Collins’ description of the “wonderful” feeling of the breeze and sun on your skin, or Warren’s report of the delight in the “free movements of the naked body which is lacking when one is clothed in the conventional gym-suit”. Being akin to basic physical sensations, the pleasure of these experiences is not reduced by the legalisation of nudist activities. (Likewise, we will see below that exposure to non-idealised naked bodies can have a positive impact on body image, and, ultimately, on life satisfaction, that is not diminished by the decriminalisation of public nudity.)
Besides denying opportunities for enhanced well-being to people, sustaining anti-nudist laws can adversely affect their current well-being. Such reductions in well-being might be caused by the penalties on violating anti-nudist laws (e.g. fines, prison sentences); the fear that nudists might have of being caught violating such laws; the feelings of guilt that such violations might induce in them; and—when anti-nudist laws are vague—the uncertainty that they might suffer about whether they are acting illegally by appearing naked in certain places. The following remark by Mark Nisbet, editor of Health & Efficiency Magazine, captures many of these evils:
The moral and legal climate in the UK is very harsh when it comes to public nudity. It encourages apprehension and fear among those nudists who are less bold than the very small minority of nudists with an attitude, who go nude wherever they chose.Footnote21
Further reductions in well-being might be engendered by ways in which nudists are stigmatised by proscriptions on nudism. Such stigmatisation occurs, for instance, when these individuals are persecuted under (sexual) misconduct laws and when they are forced to gather on designated places (e.g. nudist beaches). Not only are these things degrading, they are also widely experienced as such; as Nisbet points out, many nudists are “vexed by segregation and angered at being one notch up from sexual exhibitionists in the eyes of the law”.Footnote22 Or consider the following statement by Joaquim Plana, president of the Catalan Naturist Club, on a recently introduced nudity ban on a Catalan beach:
What bothers us is that they include us in the civic ordinance, describing our behaviour as antisocial. There’s nothing further from reality […] They say it’s to protect families, but we also have families. Nudists aren’t odd people.Footnote23
What these observations suggest is that even if the notion that the joy of breaching certain laws can be a reason for maintaining those laws is not a reductio—as I believe it is—the pleasure that nudists may derive from breaching current anti-nudist laws will usually be outweighed by the disutility that maintaining such laws engenders. Furthermore, once we add to the equation people’s expressive interests in their abolishment (which are discussed shortly), the sustenance of current large-scale restrictions on public nudity becomes even more difficult to defend.
Empirical Evidence
A third source of support for the link between nudism and well-being is provided by empirical studies of the last few decades (e.g. Lewis and Janda 1988; Okami et al. 1998; Okami 1995; Oleinick et al. 1966; West 2017). Besides showing that exposure to (non-exhibitionist) public nudity lacks the detrimental psychological and behavioural effects commonly attributed to it, these studies have found that such exposure can have positive effects on well-being by promoting people’s body image.
Consider these findings in the order stated. Whereas it is often feared that exposure to nudity has a detrimental psychological and behavioural impact on children, this has not been corroborated by empirical research. Studies by Oleinick et al. (1966) and Lewis and Janda (1988) found no relationship between early-life exposure to nudity and the development of psychiatric symptoms later in life. In an 18-year longitudinal outcome study, Okami et al. (1998) assessed the relationship between early-life exposure to parental nudity and levels of self-acceptance; relations with peers, parents, and other adults; antisocial and criminal behaviour; substance use; suicidal ideation; quality of sexual relationships; and problems associated with sexual relations. No adverse effects were found. In fact, some positive effects were reported for boys and/or women, including reduced risk of teenage pregnancy; contracting sexually transmitted diseases; use of recreational drugs; antisocial behaviour; and higher levels of self-acceptance (Okami et al. 1998).
More recent studies have linked exposure to non-idealised nude bodies—i.e. bodies that do not meet the standards of thinness for women and muscularity for men that are commonly depicted in the media and advertisement—to improved body image. These findings are pertinent, as improved body image has been shown to promote life satisfaction through its positive impact on self-esteem (Acun-Kapikiran et al. 2014; Kostanski and Gullone 1998; Olivardia et al. 2004; Paradise and Kernis 2002; Park et al. 2014; Pujols et al. 2010). Whereas Swami (2016) found that women who regularly participated in drawing sessions that featured live (naked) models had higher body appreciation, as well as a lower drive for thinness and lower social physique anxiety, West (2017) found that participation in naturist activities tends to conduce to a more positive image of one’s own body (whereby seeing others naked was found to be to be more important than being seen naked by others).
So far, I have marshalled testimonial, abductive, and empirical evidence for the claim that a right to be publicly naked can make significant contributions to well-being. To make a conclusive case for such a right, however, we must address the objection that many individuals find public nudity offensive, and have their well-being undermined by it.
22-25, F
