Law and Philosophy 28 (5):429 - 464 (2009)
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||Philosophy Political Science Law Theory/Law Philosophy Philosophy of Law|
|Categories||categorize this paper)|
References found in this work BETA
Hiding From Humanity: Disgust, Shame, and the Law.Martha C. Nussbaum - 2006 - Princeton University Press.
Punishment, Communication and Community.Antony Duff - 2003 - In Derek Matravers & Jonathan E. Pike (eds.), Debates in Contemporary Political Philosophy: An Anthology. Routledge, in Association with the Open University.
[Book Review] Forgiveness and Mercy. [REVIEW]Jeffrie G. Murphy & Jean Hampton - 1990 - Ethics 100 (2):413-415.
Citations of this work BETA
Similar books and articles
In Defense of Shame.Deonna Julien, Teroni Fabrice & Rodogno Raffaele - 2011 - Oxford University Press.
For Shame: Feminism, Breastfeeding Advocacy, and Maternal Guilt.Erin N. Taylor & Lora Ebert Wallace - 2012 - Hypatia 27 (1):76-98.
Punishment and Upbringing: Considerations for an Educative Justification of Punishment.Ido Weijers - 2000 - Journal of Moral Education 29 (1):61-73.
Shame, Guilt and Morality.Fabrice Teroni & Otto Bruun - 2011 - Journal of Moral Philosophy 8 (2):223-245.
Shame and Guilt in Restorative Justice.Raffaele Rodogno - 2008 - Psychology, Public Policy, and Law 14 (2):142-176.
Differentiating Shame From Guilt.Julien A. Deonna & Fabrice Teroni - 2008 - Consciousness and Cognition 17 (4):1063-1400..
Shame on You, Shame on Me? Nussbaum on Shame Punishment.Thom Brooks - 2008 - Journal of Applied Philosophy 25 (4):322-334.
Added to index2009-01-31
Total downloads130 ( #35,576 of 2,153,368 )
Recent downloads (6 months)5 ( #162,759 of 2,153,368 )
How can I increase my downloads?