Punishments of Shame

Punishments of Shame
Author: R. S. Mannheim
Publisher:
Total Pages: 227
Release: 2021-02-07
Genre:
ISBN:

For more than a thousand years public humiliation has played a major role in the punishment of wrongdoers and the maintenance of law and order, both by the church and by the state.For these powerful entities, simply punishing the guilty was never enough. They felt a need to establish their supremacy by degrading those who dared to stand against them. Moreover, justice had to be seen to be done. In the Medieval town these punishments took place in public places so that the masses would be left in no doubt what sort of fate awaited anyone who dared to stand against the system.From the Middle Ages, through the Tudor period and the English Civil War. This use of public humiliation was employed at all levels of society, from the thrones of Europe to the meanest of city streets. Emperors, KIngs and their mistresses were required to perform shameful acts of public pennance for their misdeeds, while amongst the lower levels of society any vagrants, dishonest merchants, or immoral women were considered fair game for the magistrates who inflicted cruel punishments for quite minor crimes. This illustrated volume will investigate the history and usage of a wide range of punishments, which rely primarily on shame, rather than pain, including the pillory, the stocks, public scourgings, the ducking stool and other customs, less well known. There are over one hundred images, used to illustrate the technical details of the equipment used to inflict these cruel and ususual punishments on the men and women of years gone by.The studies shed fresh light on some issues which have previously been unclear, such as the difference between the ducking stool and the cucking stool, and the social isolation of criminals.There is also a study of the psychological issues involved in public humiliation, and an examination of how public humiliation has featured in modern times, from the atrocities of the Second World War to social shaming in the age of the internet.One additional bonus is to be found in the lists of stocks, pillories and other artefacts which have been preserved and can still be seen.

Shame Punishment

Shame Punishment
Author: Thom Brooks
Publisher: Routledge
Total Pages: 571
Release: 2019-10-28
Genre: Law
ISBN: 1351900617

Shame punishment has existed for perhaps as long as people have been punished, and the issue has been revisited in recent years to help improve crime reduction efforts. In this collection, shame punishment is examined from various critical perspectives, including its relation with expressivism, the diversity of shame punishment used today, the link between shame punishment and restorative justice, the relationship between dignity and shame punishment, shame punishment and its use for sex offenders, and critics of shame punishment in its different incarnations. The selected essays are from leading experts and represent the most important contributions to scholarly research in the field.

Shame, Blame, and Culpability

Shame, Blame, and Culpability
Author: Judith Rowbotham
Publisher: Routledge
Total Pages: 240
Release: 2013-06-03
Genre: History
ISBN: 1136275460

This ground-breaking collection of research-based chapters addresses the themes of shame, blame and culpability in their historical perspective in the broad area of crime, violence and the modern state, drawing on less familiar territories such as Russia and Greece, not just on material from familiar locations in western Europe. Ranging from the early modern to the late twentieth century, the collection has implications for how we understand punishments imposed by states or the community today. Shame, blame and culpability is divided into three sections, with a crucial case study part complementing two theoretical parts on shame, and on blame and culpability; exploring the continuance of shaming strategies and examining their interaction with and challenge to 'modern' state-sponsored blaming mechanisms, including allocations of culpability. The collection includes chapters on the deviant body, capital punishment and, of particular interest, Russian case studies, which demonstrate the extent to which the Russian, like the Greek, experience need to be seen as part of a wider European whole when examining ideas and themes. The volume challenges ideas that shame strategies were largely eradicated in post-Enlightenment western states and societies; showing their survival into the twentieth century as a challenge to state dominance over identification of what constituted 'crime' and also over punishment practices. Shame, blame and culpability will be a key text for students and academics in the fields of criminology and crime, gender or European history.

Mental Disability and the Death Penalty

Mental Disability and the Death Penalty
Author: Michael L. Perlin
Publisher: Rowman & Littlefield Publishers
Total Pages: 295
Release: 2013-01-17
Genre: Law
ISBN: 1442200588

There is no question that the death penalty is disproportionately imposed in cases involving defendants with mental disabilities. There is clear, systemic bias at all stages of the prosecution and the sentencing process – in determining who is competent to be executed, in the assessment of mitigation evidence, in the ways that counsel is assigned, in the ways that jury determinations are often contaminated by stereotyped preconceptions of persons with mental disabilities, in the ways that cynical expert testimony reflects a propensity on the part of some experts to purposely distort their testimony in order to achieve desired ends. These questions are shockingly ignored at all levels of the criminal justice system, and by society in general. Here, Michael Perlin explores the relationship between mental disabilities and the death penalty and explains why and how this state of affairs has come to be, to explore why it is necessary to identify the factors that have contributed to this scandalous and shameful policy morass, to highlight the series of policy choices that need immediate remediation, and to offer some suggestions that might meaningfully ameliorate the situation. Using real cases to illustrate the ways in which the persons with mental disabilities are unable to receive fair treatment during death penalty trials, he demonstrates the depth of the problem and the way it’s been institutionalized so as to be an accepted part of our system. He calls for a new approach, and greater attention to the issues that have gone overlooked for so long.

Shame, Humiliation, and Punishment in the Liberal Society

Shame, Humiliation, and Punishment in the Liberal Society
Author: Casey April Hall
Publisher:
Total Pages: 155
Release: 2013
Genre:
ISBN: 9781303161445

As the number of citizens incarcerated in the United States reaches staggering proportions, there has been an increasing interest in alternative methods of punishment. In particular, a growing number of judges are assigning shaming or humiliating penalties, for example those in which the offender is ordered to wear a sign in public or make a formal apology. I argue that much of the contemporary discussion regarding the justifiability of such punishments assumes that shame and humiliation are the same things. I contend that there is an important distinction to be drawn between the two emotions. On my view, the belief that characterizes experiences of humiliation is, "I am in fact seen as lessened or diminished in the eyes of others whether I deserve to be seen in this way or not." On the other hand the characterizing belief in instances of shame is, "I deserve to be seen as lessened or diminished in the eyes of others whether I am in fact seen that way or not." Shame relates to one's values in a way that humiliation need not, and shame has a moral component that humiliation lacks. This has important implications when we turn to the issue of justification for these penalties. When the state seeks to humiliate an offender it seeks to diminish or demean him in the eyes of others, regardless of what he values. Since humiliation does not seek to engage with the values of the one being punished, I argue that such punishments are difficult to justify in a decent liberal society. True shaming penalties, on the other hand, are attempts to engage with the offender's moral reasoning and value system. For a liberal society, this raises questions about the legitimacy of using the system of criminal law to inculcate values. I conclude that shaming punishments are only justified under social conditions of communitarianism. These conditions do not obtain in our society at this time, and thus shaming punishments are currently unjustifiable.

Punishment and Shame

Punishment and Shame
Author: Wendy C. Hamblet
Publisher: Lexington Books
Total Pages: 212
Release: 2011
Genre: Philosophy
ISBN: 0739149377

Punishment is the imposition, by a legitimate authority, of a painful consequence upon one who has offended the social order by indulging in acts contrary to the social good. Punishment is understood to serve a primary objective in any society: it rehabilitates or reforms (re-forms or shapes anew) the psyches of social offenders to bring them in line with prevailing codes of behavior. Punishment thus is a highly conservative force, affirming simultaneously the codes of conduct deemed desirable within the society and the status quo of power relations that hold sway in the society. Punishment is a form of social teaching. One of the favorite forms of didactic pain to which legitimate authorities turn, in teaching conformity to social regulations, is the psychological pain of shame. Shame is a special favorite in the penology of societies of the Western world, whose governing logic is already grounded in the shame-based religions of Judaism and Christianity. Parents, school teachers, religious leaders, and state authorities readily employ shame as an effective method for teaching social lessons. Shame is a powerful force that reaches deep into the psyche of the offender and gnaws away at her sense of self-worth and identity, with longstanding and devastating existential effects. Shame has profound and enduring effects, because it has the capacity to transform an empirical fact (of having done something unacceptable) into an ontological reality (of being unacceptable as a human being). Shame dehumanizes. Shame is a powerfully effective tool for altering behavior, but because shame dehumanizes, it often fails to have the effect that the punisher is seeking to bring about. Shame sickens souls, rather than cures them. It sickens them to such a degree that shame more often acts as a promoter of criminality than as a teacher of the social good.

Cultures of Shame

Cultures of Shame
Author: D. Nash
Publisher: Springer
Total Pages: 254
Release: 2010-10-20
Genre: History
ISBN: 0230309097

The first systematic study of the concept of shame from 1600-1900, showing good and bad behaviour, morality and perceptions of crime in British society at large. Single episodes in the history of shame are contextualized by discussing the historiography and theory of shame and their implications for the history of crime and social relations.

Crime, Shame and Reintegration

Crime, Shame and Reintegration
Author: John Braithwaite
Publisher: Cambridge University Press
Total Pages: 242
Release: 1989-03-23
Genre: Biography & Autobiography
ISBN: 9780521356688

Crime, Shame and Reintegration is a contribution to general criminological theory. Its approach is as relevant to professional burglary as to episodic delinquency or white collar crime. Braithwaite argues that some societies have higher crime rates than others because of their different processes of shaming wrongdoing. Shaming can be counterproductive, making crime problems worse. But when shaming is done within a cultural context of respect for the offender, it can be an extraordinarily powerful, efficient and just form of social control. Braithwaite identifies the social conditions for such successful shaming. If his theory is right, radically different criminal justice policies are needed - a shift away from punitive social control toward greater emphasis on moralizing social control. This book will be of interest not only to criminologists and sociologists, but to those in law, public administration and politics who are concerned with social policy and social issues.