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Shame, guilt, and punishment

Law and Philosophy 28 (5):429 - 464 (2009)

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  1. Guilt and Shame, Justice and Mercy.Jonathan Rothchild - 2020 - Journal of Religious Ethics 48 (3):418-435.
    This essay argues that the criminal justice system in the United States is flawed because it focuses principally on punishment of illegal actions without considering offenders as persons in their entirety. It considers the role that constructive shame and mercy can play in addressing this flaw. The essay concludes by applying this argument to the case of shaming penalties within criminal justice.
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  • Guit, Anger, and Retribution.Raffaele Rodogno - 2010 - Legal Theory 16 (1):59-76.
    This article focuses primarily on the emotion of guilt as providing a justification for retributive legal punishment. In particular, I challenge the claim according to which guilt can function as part of our epistemic justification of positive retributivism, that is, the view that wrongdoing is both necessary and sufficient to justify punishment. I show that the argument to this conclusion rests on two premises: (1) to feel guilty typically involves the judgment that one deserves punishment; and (2) those who feel (...)
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