Chapter

Shame, Crime, and Punishment

Julien A. Deonna, Raffaele Rodogno and Fabrice Teroni

in In Defense of Shame

Published in print November 2011 | ISBN: 9780199793532
Published online January 2012 | e-ISBN: 9780199928569 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199793532.003.0008
Shame, Crime, and Punishment

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We consider the connection between shame, on the one hand, and issues concerning criminal punishment and restorative justice, on the other. With regard to criminal punishment, we focus mostly on shaming penalties. We argue that while there is no systematic connection between shaming penalties and shame, we should expect to find a systematic connection between shaming penalties and the feeling of being humiliated. Finally, we assess the feasibility and morality of inflicting genuine shame on offenders and conclude that the state cannot, and should not, attempt to inflict shame as a form of punishment. With regard to the connection between shame and restorative justice, we assess the claim, predominant in the literature, that shame is the most dangerous emotion that occurs within restorative justice conferences. We provide reasons that temper this view and show that shame can play a more positive role than commonly assumed.

Keywords: humiliation; shaming penalties; restorative justice; restorative justice conferences; criminal punishment

Chapter.  8032 words. 

Subjects: Moral Philosophy

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