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- Raffaele Rodogno (2009). Shame, Guilt, and Punishment. Law and Philosophy 28 (5):429 - 464.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.
In this book, Julien Deonna, Raffaele Rodogno, and Fabrice Teroni propose an original philosophical account of shame aimed at answering these questions. The book begins with a detailed examination of the evidence and arguments that are taken to support what they call the two dogmas about shame: its alleged social nature and its morally dubious character. Their analysis is conducted against the backdrop of a novel account of shame and ultimately leads to the rejection of these two dogmas. On this account, shame involves a specific form of negative evaluation that the subject takes towards herself: a verdict of incapacity with regard to values to which she is attached. One central virtue of the account resides in the subtle manner it clarifies the ways in which the subject's identity is at stake in shame, thus shedding light on many aspects of this complex emotion and allowing for a sophisticated understanding of its moral significance.
This philosophical account of shame engages with all the current debates on shame as they are conducted within disciplines as varied as ethics, moral, experimental, developmental and evolutionary psychology, anthropology, legal studies, feminist studies, politics and public polic.
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