Shame,Guilt, and Punishment |
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Authors: | Raffaele Rodogno |
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Institution: | (1) Swiss Center for the Affective Sciences, Geneva, Switzerland;(2) Department of Philosophy, Aarhus University, Jens Chr. Skous Vej 7, Building 1467, 8000 Arhus C, Denmark |
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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.
OB, JD, KM, FT, CEB, KKJ, ASP, JS, AD, NE and the SNF x2. |
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