Law and Philosophy 28 (5):429 - 464 (2009)
|Abstract||The emotions of shame and guilt have recently appeared in debates concerning legal punishment, in particular in the context of so called shaming and guilting penalties. The bulk of the discussion, however, has focussed on the justification of such penalties. The focus of this article is broader than that. My aim is to offer an analysis of the concept of legal punishment that sheds light on the possible connections between punishing practices such as shaming and guilting penalties, on the one hand, and emotions such as guilt, shame, and perhaps humiliation, on the other. I␣contend that this analysis enhances our understanding of the various theories of punishment that populate this part of criminal law theory and thereby sharpens the critical tools needed to assess them. My general conclusion is that, in different ways, all of the theories we encounter in this area can benefit from paying renewed attention to the nature of the connection between the state’s act of punishing and its expected or perceived emotional effect on the individual.|
|Keywords||No keywords specified (fix it)|
|Through your library||Configure|
Similar books and articles
Julien Deonna, Fabrice Teroni & Raffaele Rodogno (2011). In Defense of Shame. Oxford University Press.
Erin N. Taylor & Lora Ebert Wallace (2012). For Shame: Feminism, Breastfeeding Advocacy, and Maternal Guilt. Hypatia 27 (1):76-98.
Nathan Hanna (2009). The Passions of Punishment. Pacific Philosophical Quarterly 90 (2):232-250.
Ido Weijers (2000). Punishment and Upbringing: Considerations for an Educative Justification of Punishment. Journal of Moral Education 29 (1):61-73.
Fabrice Teroni & Otto Bruun (2011). Shame, Guilt and Morality. Journal of Moral Philosophy 8 (2):223-245.
Raffaele Rodogno (2010). Guit, Anger, and Retribution. Legal Theory 16 (1):59-76.
Raffaele Rodogno (2008). Shame and Guilt in Restorative Justice. Psychology, Public Policy, and Law 14 (2):142-176.
Julien A. Deonna & Fabrice Teroni (2008). Differentiating Shame From Guilt. Consciousness and Cognition 17 (4):1063-1400..
Thom Brooks (2008). Shame on You, Shame on Me? Nussbaum on Shame Punishment. Journal of Applied Philosophy 25 (4):322-334.
Added to index2009-01-31
Total downloads106 ( #5,446 of 549,125 )
Recent downloads (6 months)3 ( #25,740 of 549,125 )
How can I increase my downloads?