Shame Punishment最新文献

{"title":"Shaming Citizens?","authors":"M. Nussbaum","doi":"10.4324/9781315243290-8","DOIUrl":"https://doi.org/10.4324/9781315243290-8","url":null,"abstract":"","PeriodicalId":348482,"journal":{"name":"Shame Punishment","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128289161","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Can Shaming Punishments Educate?","authors":"S. P. Garvey","doi":"10.4324/9781315243290-2","DOIUrl":"https://doi.org/10.4324/9781315243290-2","url":null,"abstract":"","PeriodicalId":348482,"journal":{"name":"Shame Punishment","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127627661","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Shaming White-Collar Criminals: A Proposal for Reform of The Federal Sentencing Guidelines*","authors":"D. Kahan, E. Posner","doi":"10.4324/9781315243290-4","DOIUrl":"https://doi.org/10.4324/9781315243290-4","url":null,"abstract":"","PeriodicalId":348482,"journal":{"name":"Shame Punishment","volume":"51 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116279337","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Shame On You, Shame On Me? Nussbaum on Shame Punishment","authors":"Thom Brooks","doi":"10.4324/9781315243290-9","DOIUrl":"https://doi.org/10.4324/9781315243290-9","url":null,"abstract":"","PeriodicalId":348482,"journal":{"name":"Shame Punishment","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132832799","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The family model of the criminal process: reintegrative shaming","authors":"J. Braithwaite","doi":"10.4324/9781315243290-6","DOIUrl":"https://doi.org/10.4324/9781315243290-6","url":null,"abstract":"","PeriodicalId":348482,"journal":{"name":"Shame Punishment","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126315364","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Shame and Guilt in Restorative Justice","authors":"Raffaele Rodogno","doi":"10.1037/A0013474","DOIUrl":"https://doi.org/10.1037/A0013474","url":null,"abstract":"In this article, I examine the relevance and desirability of shame and guilt to restorative justice conferences. I argue that a careful study of the psychology of shame and guilt reveals that both emotions possess traits that can be desirable and traits that can be undesirable for restoration. More in particular, having presented the aims of restorative justice, the importance of face-to-face conferences in reaching these aims, the emotional dynamics that take place within such conferences, and the relevant parts of the empirical psychology of shame and guilt, I argue that restorative justice practitioners have to take account of a rather more complex picture than it had hitherto been thought. Restorative conferences are not simply about “shame management,” though practitioners must certainly avoid shaming and humiliation. Given the nature of shame, guilt, and restorative conferences, it is not possible to provide a single concrete precept applicable to all restorative conferences. The successful holding of conferences depends in large part on the cultural and situational specificities at hand. The latter include among others knowledge of the perceived relations standing between victim and offender as well as the affective specificities of the individuals involved.","PeriodicalId":348482,"journal":{"name":"Shame Punishment","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2008-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125803146","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Wrong Turns on the Road to Alternative Sanctions: Reflections on the Future of Shaming Punishments and Restorative Justice","authors":"Dan Markel","doi":"10.4324/9781315243290-15","DOIUrl":"https://doi.org/10.4324/9781315243290-15","url":null,"abstract":"Recently Yale Law School Professor Dan Kahan admitted that, at least with respect to his prior endorsement of shaming punishments, the time has come to recant. Known inside and outside the legal academy for his decade-long defense of shaming as an alternative to incarceration, Kahan took pains to publicly repudiate his earlier embrace of shaming punishments at a symposium convened by the Texas Law Review. True to form, Kahan recanted in style. Rather than simply capitulate to his critics' arguments about the purported inefficiency or injustice of shaming punishments, Kahan explained that he had anticipated and addressed those challenges in his earlier work. Instead, Kahan identified what was really wrong with shaming sanctions: they suffer from a problem of partisanship. In other words, when shaming punishments are deployed, they signal that society has chosen sides with those who elevate community values or hierarchy over individuality and equality. Such partisanship is flawed, for Kahan, because it undermines the acceptability of shaming as an alternative to incarceration. In other words, shaming punishments flout what Kahan calls the principle of expressive overdetermination. A law or policy is expressively overdetermined when it bears meanings sufficiently rich in nature and large in number to enable diverse cultural groups to find simultaneously affirmation of their values within it. Because of the social meaning handicap under which shaming labored, Kahan predicted that shaming punishments cannot ultimate provide a viable alternative to imprisonment because they are too socially divisive. Changing course, Kahan instead argued that we should expand efforts to implement restorative justice programs as a pragmatic alternative to incarceration because such programs do satisfy the criterion of expressive overdetermination and at the same time would help expand our punitive arsenal beyond our orthodox reliance on mass incarceration. In other words, restorative justice has a real hope of achieving political acceptability as an alternative to incarceration. Kahan's renunciation of shaming punishments and subsequent endorsement of restorative justice are significant developments, at least among those of us who study and teach about the institutions and practices of punishment. Although I applaud Kahan's volte-face on shaming punishments - I was one of the critics who argued shaming was both illiberal and incompatible with principles of retributive justice - I think his new arguments are also unsuccessful, though for different reasons. This paper unfolds in four parts. Part I provides an overview of the alternative sanctions movement; this Part can be skimmed or ignored by those already familiar with the state of play in this area. The balance of the paper outlines Kahan's views in his recent piece and identifies three problems. First, the basis for Kahan's claim that shaming should be rejected is ultimately best understood as an empirical claim, not","PeriodicalId":348482,"journal":{"name":"Shame Punishment","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2006-10-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121302243","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"What’s Really Wrong with Shaming Sanctions","authors":"D. Kahan","doi":"10.4324/9781315243290-14","DOIUrl":"https://doi.org/10.4324/9781315243290-14","url":null,"abstract":"In this article, I renounce my previous defense of shaming penalties. Sort of. In What Do Alternative Sanctions Mean, 63 U. Chi. L. Rev. 591 (1996), I argued that shaming penalties would likely be a politically viable substitute for imprisonment for a range of nonviolent (or relatively nonviolent) offenses because unlike fines, community service, and other alternative sanctions that have encountered decisive resistance, shaming unambiguously expresses moral denunciation of criminal wrongdoers. Drawing on work that I've done since then, I now acknowledge that the premise of this analysis was flawed. Ordinary citizens expect punishments not merely to condemn but to do so in ways that affirm rather than denigrate their core values. By ritualistically stigmatizing wrongdoers as transgressors of shared moral norms, shaming penalties grate against the sensibilities of persons who subscribe to egalitarian and individualistic worldviews. To maximize its chances of widespread adoption, an alternative sanction must be expressively overdetermined - that is, sufficiently rich in meanings to appeal simultaneously to citizens of diverse cultural and moral persuasions. I suggest that restorative justice can satisfy that criterion, but only if its proponents resist the impulse to purge it of expressive elements that make it appealing to the very citizens who were willing to endorse shame.","PeriodicalId":348482,"journal":{"name":"Shame Punishment","volume":"68 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2006-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131381016","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The use of ‘Shame’ with Sexual Offenders","authors":"Anne-Marie McAlinden","doi":"10.1093/BJC/AZH095","DOIUrl":"https://doi.org/10.1093/BJC/AZH095","url":null,"abstract":"This article explores the use of shaming mechanisms with sexual offenders, particularly those who offend against children. Shaming-a central concept in the broader theory of restorative justice-may be of two varieties. The first-'disintegrative shaming'-characterizes the traditional retributive framework of justice and is evident in recent state-led and popular responses to the risk posed by released sexual offenders. Far from ensuring offender integration, the net result is often labelling, stigmatization, ostracism and a return to offending behaviour. The second-'reintegrative shaming'-affirms the offender's membership within law-abiding society. This has been used in several jurisdictions as the basis of restorative support and treatment networks for sexual offenders where the community works in partnership with state and voluntary agencies. Contrary to arguments put forward by critics of restorative justice, this article argues that such cases may be particularly suitable for a restorative approach.","PeriodicalId":348482,"journal":{"name":"Shame Punishment","volume":"113 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131376450","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Shame on You: An Analysis of Modern Shame Punishment as an Alternative to Incarceration","authors":"A. Book","doi":"10.4324/9781315243290-12","DOIUrl":"https://doi.org/10.4324/9781315243290-12","url":null,"abstract":"Cursed is the ground because of you; In toil you shall eat of it All the days of your life.... Then the Lord God said, \"Behold, the man has become like one of Us, knowing good and evil; and now, lest he stretch out his hand, and take also from the tree of life, and eat, and live forever\"--therefore the Lord God sent him out from the garden of Eden, to cultivate the ground from which he was taken.(1) Daniel Alvin stood before Georgia State Court Judge Leon M. Braun, Jr., to receive his sentence after being convicted of eight counts of theft.(2) Alvin, husband to a pregnant wife and father of disabled eight-year-old twins, convinced eight victims to hand over money for Atlanta Hawks basketball tickets and a charter bus ride to the game.(3) The tickets and the bus ride never materialized.(4) The police did, however, and charged Alvin with theft by taking.(5) Judge Braun decided to offer Alvin a choice: he could spend six months behind bars, or he could spend five weekends in jail and walk around the Fulton County Courthouse for a total of thirty hours wearing a sign that read \"I AM A CONVICTED THIEF.\"(6) Alvin chose the second option and dutifully carried his sign around the courthouse to the honks and cries of passersby.(7) Although the sentence caused Alvin significant embarrassment in his community, he spent minimal time in jail, and his family stayed together.(8) Judge Braun's decision to offer Alvin an alternative to incarceration represents a growing trend among sentencing judges.(9) Frustrated with the ineffectiveness of traditional forms of punishment, judges are imposing sentences of shame upon convicted criminals more frequently.(10) Ranging from the mundane to the Byzantine, such sentences are not without controversy. Professor Dan Kahan, a supporter of shame punishment, believes that \"[s]haming is a potentially cost-effective, politically popular method of punishment\" that will enjoy future success because people \"want[] more from criminal punishment. They want a message. They want moral condemnation of the offender.\"(11) On the other side of the debate, Mark Kappelhoff of the American Civil Liberties Union criticizes shame punishment as \"[g]ratuitous humiliation of the individual [that] serves no societal purpose at all.\"(12) Mr. Kappelhoff adds that \"there's been no research to suggest [that] it's been effective in reducing crime.\"(13) While the issues are far from settled, there is no doubt that shame is receiving national attention.(14) This Note discusses and analyzes the modern reemergence of shame punishment as an alternative to traditional sentencing practices and explores appellate court treatment of shaming cases. This Note suggests that judges who incorporate shame into their judicial arsenal as a form of probation, rather than punishment, do so erroneously. Consequently, when offenders appeal these shame-probation conditions, appellate courts subject them to a standard of judicial discretion rather than a more appropriate and","PeriodicalId":348482,"journal":{"name":"Shame Punishment","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1999-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128952929","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}