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Shame on You, Shame on Me? Nussbaum on Shame Punishment

Brooks, Thom

Authors



Abstract

Shame punishments have become an increasingly popular alternative to traditional punishments, often taking the form of convicted criminals holding signs or sweeping streets with a toothbrush. In her Hiding from Humanity, Martha Nussbaum argues against the use of shame punishments because they contribute to an offender's loss of dignity. However, these concerns are shared already by the courts which also have concerns about the possibility that shaming might damage an offender's dignity. This situation has not led the courts to reject all uses of shaming, but only to accept shaming within certain safeguards. Thus, despite Nussbaum's important reservations against shame punishments, it may still be possible for her to accept shaming within specific parameters such as those set out by the courts that protect the dignity of an offender. As a result, she need not be opposed to the use of legitimate shame punishment.

Journal Article Type Article
Publication Date 2008
Deposit Date Nov 16, 2012
Journal Journal of Applied Philosophy
Print ISSN 0264-3758
Electronic ISSN 1468-5930
Publisher Wiley
Peer Reviewed Peer Reviewed
Volume 25
Issue 4
Pages 322-334
DOI https://doi.org/10.1111/j.1468-5930.2008.00403.x
Public URL https://durham-repository.worktribe.com/output/1501159
Publisher URL 10.1111/j.1468-5930.2008.00403.x



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