By considering various case studies drawn from contemporary culture, I propose the idea of victim-blaming shaming, which, like victim blaming, involves replicating injustice by focusing attention on the particular situation rather than the general problem. In cases of victim-blaming shaming, a person is criticized for in any way addressing a problem by addressing the victim. Victim-blaming not only involves an inconsistent ethic, but because of this inconsistency promotes that which it opposes. It responds (...) to a social problem by directing attention to an individual within that problematic social situation. (shrink)

Despite its cultural prominence, shaming has been neglected in moral philosophy. I develop an overdue account of shaming, which distinguishes it from both blaming and the mere production of shame. I distinguish between two kinds of shaming. Agential shaming is a form of blaming. It involves holding an individual morally responsible for some wrongdoing or flaw by expressing a negative reactive attitude towards her and inviting an audience to join in. Non-agential shaming also involves negatively (...) evaluating a person and inviting an audience to join in. Yet it is not a form of blaming, because the shamer does not hold the target morally responsible for anything. For example, we non-agentially shame people for their body shapes, for having periods, or for being victims of rape. Non-agential shaming involves the expression of an emotionally toned objective attitude, like disgust. While agential shaming enforces social norms, non-agential shaming enforces social standards. (shrink)

In this article, I examine the relevance and desirability of shame and guilt to restorative justice conferences. I argue that a careful study of the psychology of shame and guilt reveals that both emotions possess traits that can be desirable and traits that can be undesirable for restoration. More in particular, having presented the aims of restorative justice, the importance of face-to-face conferences in reaching these aims, the emotional dynamics that take place within such conferences, and the relevant parts of (...) the empirical psychology of shame and guilt, I argue that restorative justice practitioners have to take account of a rather more complex picture than it had hitherto been thought. Restorative conferences are not simply about "shame management," though practitioners must certainly avoid shaming and humiliation. Given the nature of shame, guilt, and restorative conferences, it is not possible to provide a single concrete precept applicable to all restorative conferences. The successful holding of conferences depends in large part on the cultural and situational specificities at hand. The latter include among others knowledge of the perceived relations standing between victim and offender as well as the affective specificities of the individuals involved. (shrink)

Shame in the deep sense of fear of exposure of human vulnerability (and not in the narrower sense of individual transgression or fault) has been identified as one mood or disposition of philosophical thinking. Philosophical imaginary, disciplinary identity and misogynistic vocabulary testify to a collective, underlying, unprocessed shame inherent to the (Western) philosophical tradition like Le Doeuff (1989), Butler (2004) and Murphy (2012) have pointed out. One aspect of collective philosophical shame has to do with disgust of or denial of (...) embodiment insofar as it poses a threat to ideals of sovereignty and rationality (Nussbaum 2006). Embodiment reveals finitude, being dependent and exposed to others (Sartre 1984; Merleau-Ponty 2012; Landweer 1999; Zahavi 2014), and ultimately points to human vulnerability as rooted in an experience of fear of shame (Gilson 2016). If the inability to process shame of embodiment has resulted in disembodied notions of the human being that may lead to defensiveness, aggression or violence, how can a constructive processing of shame based on an embodied notion of the human being result in a way of philosophical thinking that is more vulnerable? And how can philosophical thinking that has its point of departure in vulnerability, neither in the sense of the victim nor the hero but as a self-conscious emotion, lead to philosophical dialogues that can unsettle vicious cycles of shaming and blaming and are productive for deepening philosophical reflection? Susan Brison’s (2002) work on sexual violence will finally be discussed as an example of such a philosophy. (shrink)

Shame is a ubiquitous and highly intriguing feature of human experience. It can motivate but it can also paralyse. It is something which one can legitimately demand of another, but is not usually experienced as a choice. Perpetrators of atrocities can remain defiantly immune to shame while their victims are racked by it. It would be hard to understand any society or culture without understanding the characteristic occasions upon which shame is expected and where it is mitigated. Yet, one can (...) survey much of the literature in social and political theory over the last century and find barely a footnote to this omnipresent emotional experience. The two books under review aim to rectify this lacuna. (shrink)

ABSTRACT The paper examines the role of shame as a motivator to engage in social struggles. The author first introduces a distinction between social and moral shame arguing that, while the former can lead to a passive submission to injustice, the latter usually works as a motivating force to resist it. He subsequently discusses three cases of injustice, in which the subject is respectively the victim, the actor, and the witness. The main thesis of the paper is that in (...) all three cases the subject may feel moral shame for tolerating injustice and therefore be motivated to resist it. The conditions under which moral shame arises are discussed, while the absence of moral shame is attributed, through reference to clinical studies, to psychic defence mechanisms, such as negation and rationalisation, which allow the subject to tolerate injustice when it would be too costly to fight it. Throughout the paper, the author engages in a discussion of Honneth’s theory of social struggles, reassessing the role of recognition within the moral grammar of social struggles while attributing the due importance to the desire to live up to one’s self-ideal. (shrink)

The contemporary consensus on shame is pessimistic. Three main reasons, all connected with the alleged fact that, in shame, you allow yourself to become the victim of external pressures, appear to motivate this conclusion. First, shame is said to be the emotion of social sanction: when you feel shame, you submit to the judgements of others. Second, shame is supposed to be triggered by the way you look in the eyes of others. Thirdly, and as a result, shame allegedly (...) motivates at best withdrawal from others, at worse violence towards them. In this paper, we scrutinize these claims and argue that, while each of them contains a grain of truth, they fail to justify shame’s bad reputation. (shrink)

Nietzsche talks about shame [scham*, schmach*, schand*] in all of his published and authorized works, from The Birth of Tragedy to Ecce Homo. He refers to shame in over one hundred passages – at least five times as often as he refers to resentment/ressentiment. Yet the scholarly literature on Nietzsche and shame includes just a handful of publications, while the literature on Nietzsche and resentment includes over a thousand. Arguably, this disproportionate engagement has been driven by the fact that English (...) translations of Nietzsche’s writings systematically italicize and transliterate ‘ressentiment’ rather than treating it as the normal word it is. In any case, this chapter aims to fill the gap in the secondary literature by using digital humanities methods to systematically investigate the functions of shame in Nietzsche’s writings. I argue that Nietzsche is ambivalent about shame, depending on the function that it serves. There are four main functions. First, in a society of near-equals, it regulates interactions and incentives in ways that preserve game-theoretic equilibria. Second and relatedly, Nietzsche associates the capacity to experience nuanced and appropriate feelings of shame – and to anticipate them in others – with the pathos of distance, a virtue that he associates with nobility. Third, when shame is directed towards fixed aspects of human nature, it transforms those aspects into vices; by contrast, when it is directed towards malleable aspects of human nature, it may foster self-improvement and virtue. Nietzsche frequently laments the way that shame targets immutable aspects of ourselves. Finally and relatedly, Nietzsche casts counter-shame on those who would direct first-order shame on fixed aspects of human nature, as well as a paradoxical form of uplifting shame on their victims. If this is right, then Nietzsche does not offer a univocal verdict on shame. Instead, like many other emotions and emotional capacities, shame is inescapable, complex, and function-relative. (shrink)

Research has paid scant attention to reparative behavior to compensate for unintended wrongdoing or to the role of emotions in doing the right thing. We propose a new approach to investigating reparative behavior by looking at moral emotions and psychological proximity. In this study, we compare the effects of moral emotions (guilt and shame) on the level of compensation for financial harm. We also investigate the role of transgressors’ perceived psychological proximity to the victims of wrongdoing. Our hypotheses were tested (...) through a scenario based questionnaire on a sample of 261 participants. Analyses indicate that (1) guilt has a stronger effect on the level of compensation than shame; (2) psychological proximity influences the level of guilt, shame, and compensation; and (3) shame interacts with psychological proximity to predict compensation, whereas guilt mediates the relationship between psychological proximity and compensation. (shrink)

In this paper I explore the connections between shame and embodiment in Euripides’s play Helen. The paper focuses on the play’s underlying theme of sexual violence and rape, and on the descriptions of metamorphoses that the mythological female victims often undergo in the face of rape. In my analysis on shame and embodiment I apply two insights from Giorgio Agamben’s analysis of the phenomenon of victim shame in The Remnants of Auschwitz. These are, first, the definition according to which (...) shame is “to be consigned to what cannot be assumed”—that is, to be consigned to one’s self, being and physical body—and second, the claim that in shame one is affected by one’s own passivity. Building on these definitions, I explore the intimate connection between shame and embodiment at work in Helen. As a result we can see how the female metamorphoses before or after sexual violence—in Euripides’s play and in Greek mythology in general—can be read in terms of victim shame. Furthermore, I suggest that this shame of the victims of sexual violence originates from the very nature of the crime itself: from being forced to experience the body’s abject passivity. (shrink)

A fair share of change problematics in organizations can be led back to the human factor. In earlier days the problem used to be that the worker was considered as a mechanical element, as ‘a pair of hands’ (Henry Ford). Nowadays we know that people want to be taken seriously and, if so, in general perform better. But when you concentrate on the worker’s sense of meaning for the sake of better achievements, do you really take him seriously? Or does (...) he get, be it in a subtle way, again enlisted in other man’s target schemes? The widespread cynicism about what happens in organizations, in spite of extensive Human Resource Management, and the high percentage of failing change trajectories call for a closer examination of man in organizations and his resistance. -/- For such an examination this thesis turns to the philosophy of Emmanuel Levinas, namely to his treatment of rationality. Rational thought according to Levinas has the merit of making the world lucid and controllable. But at the same time it strips things and people of their identity and incorporates them in a homogenized rational order. Illusory, but nonetheless oppressive. Rationality’s totalitarian character can provoke resistance and grief with people who are enlisted by it. This can lead to a shameful confrontation in which the thinker is being confronted with his victim’s resistance and sees himself and his thinking made questionable. By proceeding along this route, thinking can be brought to self-criticism and to revision of standpoints. -/- This description by Levinas of rational thinking shows similarity to what managers do in organizations. They make their business controllable, but at the same time with their planning and schemes they create a totalitarian straitjacket. This similarity suggests that also the reactions to imperialistic rationality from Levinas’ description ought to be found in organizations. Is it indeed possible to indicate there the kind of resistance and grief Levinas speaks about? Does that give rise to confrontations between managers and their co-workers who are supposed to subordinate to their schemes? Do managers then feel shame? And do those shameful confrontations consequently lead to self-reflection and change? -/- Desk research suggests that the above elements are partly to be found in the literature of management theory. Interviews with managers show that Levinas’ line of thought can also be found in its completeness within organizations. At the same time it becomes clear that becoming conscious of the elements of that line of thought – that rationality is all-conquering, that it provokes resistance, that that can lead to shame as well as to a new beginning – this is a difficult path to travel. The related experiences are easily forgotten and sometimes difficult to excavate. Translation of Levinas’ thinking into terms of management and organization can help us spot them where they play their role in organizations. (shrink)

This is a theoretical treatment of the term "Sha Zhu Pan" (杀猪盘) in Chinese, which translates to “Pig-Butchering” in English. The article critically examines the propagation and validation of "Pig Butchering," an animal metaphor, and its implications for the dehumanisation of victims of online fraud across various discourses. The study provides background information about this type of fraud before investigating its theoretical foundations and linking its emergence to the dehumanisation of fraud victims. The analysis highlights the disparity between academic literature, (...) subjected to rigorous peer-review processes, and sensationalised narratives prevalent in the media. While academic works subject "pig butchering" to critical scrutiny and refrain from endorsing derogatory terms to depict fraud victims, numerous media outlets employ this term uncritically, further worsening the predicament of these victims. "Pig butchering" is firmly rooted in the concept of dehumanisation, and this article underscores how language moulds perceptions of fraud and behaviour, extending to the development of preventive strategies. The role of law enforcement agencies in generating and disseminating materials is also a central theme, emphasising their responsibility as trusted sources of information. We suggest that these agencies should adopt non-victim shaming language to encourage victims to report crimes and alleviate the stigma attached to victimisation. Additionally, the article offers valuable cross-cultural insights by comparing metaphors from Chinese and Nigerian contexts. This comparative analysis enriches our comprehension of the global dimensions of online fraud and its cultural diversities, highlighting the substantial impact of language on perceptions and behaviours. We advocate for a departure from victim-blaming tendencies perpetuated by select media outlets, urging a more compassionate and accurate portrayal of those affected by online fraud. We, therefore, call for a more empathetic and accurate portrayal of individuals affected by online fraud, aligning with the broader objective of promoting understanding and support for these victims. (shrink)

A consideration of what are sometimes known as the reactive attitudes is useful to outline more positive conditions of ethical restoration. This paper focuses on the ways in which perceptions and experiences of guilt and shame are shaped by political conceptions of who belongs to the more guilty and shameful parties. I use the debate between Karl Jaspers and Arendt over guilt and responsibility, as well as Jean-Paul Sartre’s and Giorgio Agamben’s work on shame, to develop an account of the (...) political aspects of perceived and felt guilt and shame in people who are oppressed. I discuss how some philosophers, for example Cheshire Calhoun, have argued that the oppressed should accept the burdens of guilt and shame expected of them because of the social nature of our ethical experience; and then show how that view can be questioned. However, I argue that the view that members of oppressed groups should experience the guilt and shame expected of them by dominant groups ought to be challenged. In this paper, I demonstrate that the debate concerning shame and guilt has obscured emotions that are responses to the actions of others, such as humiliating treatment, thus leading to an inappropriate focus in philosophical discourses on the victims of wrongdoing rather than the perpetrators. This focus implicitly supports the dynamics of humiliation, as I will show. (shrink)

Punishment is fundamentally unfair, never justly deserved, and cannot be eliminated. The deep Belief in a Just World, the subject of extensive psychological research, makes it difficult for us to accept the fact that we live in an unjust world. Belief in moral responsibility is designed to protect our comfortable belief in a just world, but that comfort comes at the price of blaming victims and blocking deeper inquiry. Facing the disturbing fact of unavoidable injustice motivates us to take effective (...) steps to minimize injustice: to seek out the deeper causes of criminal behavior and fix them, and to treat those we must unjustly punish (through coercive isolation) with respect, concern, and the least possible discomfort. (shrink)

Till We Have Faces is a retelling of the Cupid/psyche myth with a few twists, namely, a nonstandard narrator and the inability of Psyche’s sister, Orual, to see the palace. Both innovations lead the reader to understand better the dynamics at play in Orual’s effort to disrupt Psyche’s life with her husband/god. The inability to see, on Orual’s part, at first suggests that the nature of the story is primarily epistemological. What is it that can be reasonably known or inferred? (...) Digging deeper, however, reveals that the epistemic elements are actually penultimate, and that instead the book bolsters an ethically robust epistemology. Who we are deeply affects what we can see. Before Orual could apprehend the nature of the gods, she had to be brutally honest about who she herself was. A victim of abuse who was constantly shamed for reasons beyond her control, she is a sympathetic character in several ways, but she gradually moves from being victim to victimizer, treating others as means to ends, and, in the case of Psyche, ‘loving’ her in a way that was more hate than love. Self-knowledge was needed for Orual to apprehend the truth. She comes to realize her treatment of Bardia, Batta, Redival, and especially Psyche was not as pure and altruistic as she had thought. She had to come to terms with the ugliness within herself, and her penchant for consuming others, before she could hope to see the beauty and love of the gods for what they were. (shrink)

The silence surrounding the Holocaust continues to prevent healing - whether of the victims, Nazis, or the generations that followed them. The telling of the stories surrounding the Holocaust - all the stories - is essential if we are to understand what happened, recognize the part of human nature that allows such atrocities to occur, and realize the hope that we can prevent it from happening again. Seeking to shed light on the collective silence surrounding the Holocaust in Germany, the (...) contributors offer compelling accounts, histories, and experiences that illuminate the ways in which contemporary Germans continue to grapple with the consequences of the Holocaust. Denial in the older generations, as well as anger and confusion in the younger ones, comes vividly to the surface in these evocative stories of coping and healing. Told from the vantage points both of therapists and of patients, these stories encompass the psychological plight of all those facing the legacy of genocide - from the daughter of a high-ranking Nazi official to the children of Jewish immigrants, from those raised in the Hitler Youth Movement to those born well after the war. (shrink)

This study examines the ritualized character of crimes against humanity in Bosnia-Herzegovina. Encompassing a victim, a victimizer, and a witness, degradation ceremonies structured the activity of what is euphemistically called ethnic cleansing. The observing world played the role of witness, which became a perpetuating component of the ritual.The discussion leads to the formulation of evil as the degradation of not only an individual human being but also humanity itself.

In Shame and Necessity, Bernard Williams describes the experience of guilt in terms of fear at the anger of an internalised other, who is a “victim or enforcer.” Williams says it is a merit of his account that it shows how our guilt turns us towards the victims of our wrongdoing. I argue that his account in fact misses the most important form of guilt's “concern with victims”– the experience of remorse. I consider, and reject, one way of trying (...) to supplement this lack in Williams's account of guilt. Finally, I sketch some features of remorse that suggest that remorse belongs to a very different moral picture from the one painted by Williams. (shrink)

Participation in victim-offender mediation can reduce the risk of reoffending. However, relatively little is known about how VOM affects the intermediate psychological changes underlying this effect. It was hypothesized that VOM increases feelings of responsibility, guilt, and shame among offenders as well as empathy toward the victim. It was also expected that VOM leads to feelings of moral failure among offenders, increasing their intention to desist, and improving their relation with the victim, relatives, and community. Lastly, it (...) was hypothesized that offenders may experience reduced rejection, concerns about condemnation, threat to their social moral identity, and victim blame following VOM. To this end, we compared psychological changes in offenders who participated in a VOM program in the Netherlands with those of offenders who were willing to but did not participate. A quasi-experimental, pre- and postmeasure research design was used to compare these groups. Our findings tentatively suggest that offenders who participate in VOM have more responsibility-taking and victim empathy, feel more guilt and shame, and experience higher moral failure than offenders who do not participate in VOM do. Offenders also reported feeling significantly less awkward about meeting the victim again after VOM. Future research should address how and to what degree these psychological changes translate into a lower risk of reoffending. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:THE MOB AND THE VICTIM IN THE PSALMS AND JOB Robert Hamerton-Kelly Woodside Church IrecaiI a passage from Elie Wiesel's novel, Night, where, looking at the frail body of a young boy writhing on the gallows—his body weight was too light to kill him outright when he dropped through the trap door—someone asksthe narrator, "Where is nowyourGod?" This question is often on my mind, not least because for (...) the last seven years ofmy tenure at Stanford I studied ethnic conflict and filled my mind with the most discouraging images. I found myselfsaying on occasion that I felt ashamed to be a human being, which was only a slight exaggeration. I noted with wry amusement that a few years ago it was reported that the wolves were fleeing from the Caucasus in great numbers because ofthe human violence there, a sad irony in the light of Thomas Hobbes' motto, Homo homini lupus. I had long suspected thatthat was an insult to wolves, and now I had the proof. Lately we have Philip Gourewitch's new book on the Rwanda holocaust of 1994, where they killed one million people in ten weeks, not with weapons ofmass destruction butwith machetes and clubs primedwith six-inch nails, and Rwanda is a Christian country. The voice ofconscience cries out, "Where is our God?" in all this; why does He spend his time causing statues to ooze oil in suburban Massachusetts rather than defending the children of Kosovo against depraved nationalists.1 It is some comfort that the psalmist cried the same question and thus provides a convenient way into a meditation on violence in the Psalms. It occurs first in 42,3: "I have no food but tears / day and 1I refer to the phenomena reported in connection with the comatose teenage girl, Audrey Sosa, who is believed by some to be a channel for miracles. 152Robert Hamerton-Kelly night:/ and all day long men say to me,/ Where is now your God?" and again at 42,10, "Nearly breaking my bones / my oppressors insult me / as all day long they ask me / Where is now your God?" In 79, 10 it occurs in a national lament, "Why should the pagans ask, Where is their God?" and this recalls two prophetic oracles, in Joel 2,9, "Spare yourpeople Yahweh!/ Do not make your heritage a thing of shame, a byword for the nations./ Why should it be said amongthe nations,/ Where is their God?" and Micah 7,10 "When my enemy sees it (my vindication)/ she will be covered with shame,? she who said to me: Where is Yahweh your God?" So there are two classes of such sayings, one by an individual and one by the nation. Much ink has been spilled on the questions, Who is the victim?, and Who are the enemies? The answers have canvassed all the possibilities from the lone individual beset by spiritual temptations, or David himselfin his days and nights as a fugitive, to the nation beset by rival nations.2 The victim surrounded by persecutors is clearly a major category in the Psalms, present in two thirds ofthe collection; one hundred out ofthe one hundred and fifty explicitly or implicitly refer to a victim surrounded by enemies.3 Let me cut to the chase and recall that according to René Girard's mimetic theory, which I take as a point of departure, the situation of the victim surrounded by a mob ofenemies is a structural not an historical situation.4 The deep structure ofhuman history is a victim surrounded by the mob, a lamb slain since the foundation ofthe world. This deep structure controls the shape of emergent history but that emergence conceals its deep structure by turning history into myth. Myth covers up the blood stains and stifles the voice of the victim, myth accuses the victim, presents the victim as guilty or willing and the persecutors as innocent. To this day much that claims to be history is really myth. History happens only when the voice ofthe victim comes to word, and for that reason the gospel is irreducibly history and not myth. The 2Raymund Schwager (53ff) gives the following information... (shrink)

This article is an attempt to bridge the gap between feminist structural explanations for rape and the social psychological mechanisms that make it possible for some men in patriarchal societies to feel neutral about sexual violence toward women. The concept of role taking is used to analyze the perceptions of self and victim held by 79 convicted rapists. Men who defined their behavior during sexual encounters as rape saw themselves from the perspective of their victim through reflexive role (...) taking, had inferred their victims' experience through synesic role taking, and used this awareness to further their plan of action. Men who did not define their behavior as rape did neither reflexive nor synesic role taking and appeared incapable of understanding the meaning of sexual violence to women. The majority of both groups did not experience role-taking emotions, that is, guilt, shame, or empathy, which symbolic interactionists posit are the mediators of self-control. I argue that the gender imbalance of power and the status of women as property are the social factors that render normative emotions inoperative in sexual violence. (shrink)

The authors identify a pervasive tendency, especially in the world of development and humanitarian response, to hierarchize or prioritize certain types of victims of sexual violence in armed conflict over others. Within this broader context, they focus on what a considered feminist acknowledgement of male victims of conflict-related sexual violence should look like. On the one hand, they emphasize that one and the same patriarchal template is used to humiliate and shame male and female victims of sexual violence alike. On (...) the other, they urge that in light of the pervasiveness of patriarchal ideology and its harmful and wide-reaching social effects, the time is not yet ripe to endorse a gender-blind approach to CRSV. (shrink)

In this article, I analyze norm enforcement on social media, specifically cases where an agent has committed a moral transgression online and is brought to account by an Internet mob with incongruously injurious results in their offline life. I argue that users problematically imagine that they are members of a particular kind of moral community where shaming behaviors are not only acceptable, but morally required to ‘take down’ those who appear to violate community norms. I then demonstrate the costs (...) that are associated with this strategy; the most worrisome being those that distort the nature of moral dialog and the purpose and effectiveness of accountability practices online, creating a vitriolic and polarising online environment. Because of these negative consequences, I suggest that we ought to hold others accountable for restorative ends. I argue that restorative accountability practices can help us cultivate new norms online that rely less for their enforcement upon negative acts such as shame, and more upon positive acts that focus upon the most appropriate way to make amends to the victim(s) and the community. In this sense, restorative accountability incorporates important elements from the ethics of care, a relational ethics that values creating, promoting, and restoring good social and personal relationships. I conclude by arguing that accountability practices premised on the ethics of care produce better outcomes for the victim (s) of a moral violation, the transgressor, and the community. (shrink)

Sometimes victims cannot defend themselves against the threat posed to them, but they can nevertheless harm or even kill their aggressors. Since they cannot defend themselves, it is unclear how such harming can be justified under the title of self-defense. According to the “Honor Solution,” by violently resisting their aggressors, victims do (partially) defend themselves because they protect their honor. Blake Hereth recently argued that this solution is incompatible with the feminist commitment that sexual assault victims ought not to be (...) shamed or dishonored. The purpose of my paper is to reject Hereth's criticism and defend the Honor Solution. (shrink)

Although there has been much discussion regarding shame and guilt, not enough has been said about the complexities of the relationship between the two. In this paper, I examine one way in which I take shame and guilt to interact – namely in cases of so-called “survivor’s guilt” among victims of trauma. More specifically, I argue that survivor’s guilt may represent a kind of response to feelings of shame – one which is centrally tied to the central philosophical notions of (...) autonomy and integrity. (shrink)

Evil online is an increasingly disturbing phenomenon across a wide range of fronts, and, as is invariably the case with revolutionary technology. This chapter discusses various kinds of moral fog, from both online and traditional worlds. It then illustrates how thinking of evil doing in this way provides broader and deeper explanations of the territory of so‐called “banal evil”, and takes our understanding of evildoing a long way beyond banality. A notable online trend in which disturbing, even plainly appalling, conduct (...) is often given a light touch and made to look innocent, is the proliferation of so‐called prank videos. Online shaming is now a widely recognized online trend. Online shaming is global and everlasting for the victim; it is also easily open for the rest of us to join in. One of the most broad and transformational impacts of the Internet has been upon the social lives and psychological development of young people. (shrink)

Do abusive supervisors benefit from their own harmful behaviors, or do they experience the same repercussions as their victims do? This article extends a growing stream of research that aims to understand how bad actors process their own negative actions, when they are most impacted by their adverse behaviors, and how their job performance is influenced as a result. We ground this research in a moral emotions perspective to suggest that enacted abusive supervision elicits prominent moral responses (i.e., shame or (...) guilt), which subsequently influence the supervisor’s own work conduct. Specifically, we suggest that feelings of guilt will prompt an abusive boss to compensate for their negative behaviors by increasing performance efforts, whereas supervisors with feelings of shame will withdraw and exhibit lower work performance. Multiple mediation results from Study 1 revealed that abusive supervisors predominantly experience shame and, in turn, reduced performance. In Study 2, we expand on these findings by considering the moderating role of supervisor core self-evaluations (CSE). We find that the negative relationship between enacted abuse and supervisor performance (through shame) is exacerbated when managers possess a fragile sense of self (i.e., low CSE). Overall, the current article adds to the argument that abusive supervisors do not profit from their own negative behaviors and that they, too, suffer performance setbacks. (shrink)

In my dissertation, I explore how emotions operate under conditions of injustice. Specifically, my interest is in how one should deploy their emotions in order to combat patriarchally informed, affective ways of making sense of and responding to the social world. My dissertation consists of the following three papers. In the first paper, “Vindictive Anger,” I argue for two claims. First, that anger is not necessarily made morally worse whenever and to the extent that it involves a desire for payback. (...) Second, that in certain cases, anger’s retributive component is precisely what moralizes the emotion. Victims of sexual violence, I argue, paradigmatically deploy their anger as a way of getting their transgressor or, in some cases, the broader moral community, to more fully understand, through affect, the wrongness of their action. One can see this occur in the anger expressed by Chanel Miller in her victim’s impact statement, read aloud during the case of People v. Turner. When anger functions in this way, I propose, it serves to moralize the emotion. In the second paper, titled “Feminism and Suspect Femininity,” I ask how feminists should feel towards women who conform to suspect norms of appearance, and of hyper-femininity in particular. I present a novel type of empathy – proleptic empathy – which avoids treating women as either pitiful victims or as accomplices deserving of harsh moral criticism. Proleptic empathy requires switching back and forth between two types of imaginings: on the one hand, simulating what it is like to be in the woman’s shoes on the assumption that her suspect behavior stems from her will. On the other, simulating what it is like to be in the woman’s shoes on the assumption that her suspect behavior stems from external cultural influences. In the third paper, “Transitional Moral Contexts,” I address how one should feel towards the perpetrators who figure in the cases that have gone by the language of ‘grey rape’ or ‘bad sex’. These cases are ones that are rife with disagreement, especially amongst members of the moral community, who even disagree over whether they ought to count as cases of ‘sexual assault’ or ‘rape’. My suggestion is that the reason we have such difficulty adjudicating individuals’ responsibility for cases of bad sex is because these are instances of transitional moral contexts where what it is to act morally is in the process of being actively negotiated by the moral community. With this analysis in place, I present reasons for and against deploying shame against those who falter in these cases. (shrink)

In the past few years, social and cultural theorists have pointed to the dynamic and performative character of forms of disparagement such as public shaming, humiliation, invective or hate speech. In this paper, I endorse a different route and focus on the distinctive affective and dialectical nature of what might be called the ‘politics of disparagement’. I will do so by elaborating on the affective intentionality of hatred, which can be seen as an affective attitude that paradigmatically encapsulates the (...) dialectical antagonism at play in the politics of disparagement. I argue that the affective intentionality of hatred is distinctive in three interrelated ways: First, it has an overgeneralising, indeterminate affective focus, which typically leads to a certain collectivisation of its target. Secondly, short of a determinate affective focus, haters derive the indeed extreme affective powers of the attitude not in reaction to any specific features or actions of the targets or from some phenomenological properties of the attitude but, rather, from the sheer commitment to the attitude itself. Finally, in sharing this commitment to hate with others, hatred involves a certain negative dialectics and becomes entrenched as a shared habitus. Ultimately, I suggest that we can only counteract the politics of disparagement if we understand how a shared commitment to disparagement and hatred establishes its own normative logic, which not only concerns their victims but also, dialectically, sanctions their enactors. (shrink)

Machine generated contents note: 1 Introduction 1 -- 2 Central themes and critical issues 10 -- Introduction 10 -- Core themes 11 -- Differences which have surfaced in the move from -- margins to mainstream 15 -- The claims of restorative justice: a brief examination 21 -- Some limitations of restorative justice 25 -- Some dangers of restorative justice 29 -- Debunking restorative justice 32 -- 3 Reviving restorative justice traditions 36 -- The rebirth of an ancient practice 36 -- (...) Pre-modem criminal justice 37 -- The renaissance of native justice traditions 43 -- Navajo peacemaking 44 -- Can one characterise ancient and indigenous -- justice as restorative? 47 -- Can one revive restorative justice traditions? 49 -- Conclusion: did restorative justice ever die? 59 -- 4 Healing the victim 62 -- Introduction 62 -- The experiences and needs of victims 64 -- The inadequacy of punitive justice for the victim 67 -- Victim reforms 70 -- Restitution from the offender 74 -- Beyond restitution: restoring victims 76 -- Restorative justice or 'clubbing together'? 78 -- Using victims to rehabilitate offenders 81 -- Paternalism towards victims 83 -- Balancing the needs of the victim with those of society 84 -- 5 A restorative approach to offenders 87 -- Introduction 87 -- Restorative justice as an alternative to retributive justice 88 -- Restorative justice as an alternative to treatment 94 -- The goals and methods of restorative justice in relation -- to offenders 95 -- An alternative to punishment or an alternative form of -- punishment? 106 -- An alternative to treatment? 111 -- 6 Shame, apology and forgiveness 114 -- Introduction 114 -- Restorative cautioning 115 -- The psychological routes of restorative conferencing 116 -- The idea of reintegrative shaming 118 -- Some questions about shaming 123 -- Apology and forgiveness 132 -- 7 Mediation, participation and the role of community 136 -- Introduction: handling criminal conflicts 136 -- The rationale for the restorative justice process 140 -- Achieving restorative goals 141 -- Moral development and the strengthening of community 144 -- The role of community 151 -- 8 The future of restorative justice 161 -- Introduction 161 -- Implementing restorative justice: the paths less likely 163 -- The implementation of restorative techniques 166 -- Restorative justice and the pattern of penal control 169 -- The future of restorative justice research 170 -- Appendix to chapter 3: the theological roots of judicial -- punishment 172. (shrink)

Two decades ago, Tarana Burke started using the phrase ‘me too’ to release victims of sexual abuse and rape from their shame and to empower girls from minority communities. In 2017, actress Alyssa Milano made the hashtag #MeToo go viral. This article’s concern is with the role of testimonial practices in the context of sexual violence. While many feminists have claimed that the word of those who claim to being sexually violated by others have political and/or epistemic priority, others have (...) failed to recognize the harm and injury of instances of sexual violence that are not yet acknowledged as such and failed to listen to victims from marginalized social groups. In fact, some feminists have attacked #MeToo for mingling accounts of ‘proper’ sexual violence and accounts that are not ‘proper’ experiences of sexual violence. My aim in this article is to show why this critique is problematic and find a philosophically fruitful way to understand the #MeToo-movement as a movement that strives for moral and conceptual progress. (shrink)

Cyberbullying has been defined as the “process of using the internet, cell phones or other devices to send or post text or images intended to hurt or embarrass another person.” The word “cyberbullying” is often used interchangeably with “cyber stalking” and in fact the Cybercrimes Act 2015 of Nigeria, uses the word “cyber stalking” which it defines as any course of conduct directed at a specific person that would cause a reasonable person to feel fear. By the provisions of the (...) Act, the transmission of any communication through the means of a computer to bully, threaten or harass another person where such communication places another person in fear of death, violence or bodily harm amounts to cyber stalking. Cyberbullying is becoming a common phenomenon in Nigeria as more people engage in it especially on social media platforms. This is carried out in various ways and a common trend is posting indecent imagery of persons online such as naked pictures or videos of persons in order to humiliate them. When posted by a person, the communication is shared by others thereby causing circulation on social media. This act amounts to cyber stalking where the intention consists of those elements stated under the Cybercrimes Act. In other situations where it is shared without the aim of humiliating the victim, such act can still be incriminated under some other laws in Nigeria such as the Criminal Code Act and the Penal Code Act which for instance both criminalise obscene publications. It is worthy of note there have been reported cases where victims of cyberbullying have committed suicide as a result of fear or shame. A major observation is that cyberbullying has gained normalcy and many internet users engaged in it do not seem to be aware of the criminal connotation of their actions. This paper examines the effectiveness of legal responses to cyberbullying in Nigeria. It discusses the forms of cyberbullying commonly perpetrated in Nigeria by citing some real life instances that have happened in the past. The paper notes that most forms of cyberbullying can be prosecuted under the Cybercrimes Act, however, there has not been any notable enforcement of the law in terms of prosecution of cyberbullying cases. It appears that the lack of prosecution of offenders has fostered the act of cyberbullying especially under the present circumstances where there is widespread ignorance among internet users. The paper also notes that the absence of image rights is a precursor in many respects to some forms of cyberbullying especially when photographs and videos of victims are involved. The paper advocates the implementation and enforcement of the Cybercrimes Act as well as other laws relating to cyberbullying in Nigeria. The paper also posits that the protection of image rights will go a long way to assist in curbing the act of cyberbullying in Nigeria. (shrink)

The aim of this article is not to make any arguments that oppose veganism or having children or, in any way, to denigrate those who make them. Rather, the intention is twofold: To attack the inconsistency of those who make arguments for veganism in relation to climate change and the natural world, but who omit to make arguments against having children and the problem of rapidly increasing global population on the same grounds. To attack a form of sanctimony which manifests (...) itself in inconsistent applications of such arguments and which exploits genuine and very serious problems in ways that aim to bring power to their advocates by inducing a sense of shame in their victims. In this way, such moralists try to strengthen the legitimacy of their own preferences – preferences that often run into conflict with other concerns based on the same arguments. (shrink)

The Hebrew Bible and/or the Old Testament is replete with narratives of families that are devastated and separated by the unfaithfulness of injustice. Such situations are mostly seen to be theologically reprehensible and morally unacceptable. In the book of Micah, the fluidity of the rhetorical characterisation of those who opposed moral values and the godly voice is manifested in shameful actions against women and children. Since children who are deprived of parents are victims, this article attempts to examine Micah 2:9 (...) and the effects of depriving children of their parents against the background of Israel’s social ethics of the marginalised minority. As a background, the article begins with a description of the family as an attractive and viable setting for the growth and development of children, continues with a relative examination of data on Israel’s social justice and marginalised minority, situates and analyses Micah 2:9 within its context, and then concludes with some effects of depriving children of their parents from the perspective of trauma research. Contribution: This article brings together insight from trauma research into dialogue with biblical, literary, exegetical and theological discourse. Such creative dialogue generates insightful alternative and viable components of the process of creating a healthy, viable community, and consequently invites readers to the urgent ethical concern for compassion and care for the most vulnerable in society. (shrink)

Iconic photographs are visual arguments depicting an, often dramatic, particular situation showing victims of disasters. Spectators watching the photo of the particular situation, empathise with it, and project the feelings evoked onto the events that form the context for the scene in the picture. This mobilises them into political action. In the process, however, the depicted personal misery is perused to exemplify the larger events. The tragedy of iconic photographs is analysed not as the misery experienced by the depicted persons, (...) but as the breach of their right to shame which is required for the photo to acquire iconicity. Examples are addressed, as well as the contrast classes of the self-portrait and Byzantine icons. (shrink)

Moral injury signifies an enduring moral anguish experienced as betrayal, shame, confusion, futility, and distrust, entailing intrapersonal, interpersonal, and transpersonal dimensions. This essay proposes a taxonomy of moral injury informed by the ripple effects of harm caused by clergy sexual abuse and its concealment in the Catholic Church. These five categories distinguish between the moral distress endured by perpetrators and victims as well as bystanders and other implicated subjects, the moral fallout caused by a specific event in comparison to exposure (...) to a toxic environment, and as a spectrum that spans from acute to diffuse symptoms of moral violation. This typology illuminates how moral injury impacts conscience, which means “to know together,” indicating that healing moral injury is both a personal and communal endeavor. (shrink)

ABSTRACT Testimony from victims of gendered violence is often wrongly disbelieved. This paper explores a way to address this problem by developing a phenomenological approach to testimony. Guided by the concept of ‘disclosedness’, a tripartite analysis of testimony as an affective, embodied, communicative act is developed. Affect indicates how scepticism may arise through the social moods that often attune agents to victims’ testimony. The embodiment of meaning suggests testimony should not be approached as an assertion, but as a process of (...) ‘articulating an understanding’. This account is deepened in the discussion of testimony as a communicative act. It is argued that testimony must be considered as a relational whole, and thus our aim in receiving victims’ testimony should be to honour the relational conditions under which the truth of testimony can be heard. Approaching testimony as the collaborative process of enabling an understanding to be articulated can enhance our conception of gendered violence, whilst also better serving the victims of gendered violence by helping to overcome the lack of trust and excessive scepticism with which victims’ testimony is often met. (shrink)

To self-forgive is to foreswear specific self-directed negative attitudes, attitudes that result from an agent’s recognition of his own moral failing. What does this foreswearing process involve? When is it justified? And what is the relation between self-forgiveness and interpersonal forgiveness? I will make two arguments in an attempt to answer these questions. First, self-forgiveness essentially involves a process of shaming whose ultimate goal is restoration of the wrongdoer’s goodness. Second, if a wrongdoer is to merit the forgiveness of (...) his victim(s), he is morally ’required’ not merely ’permitted to’ forgive himself first. (shrink)

What is it that permits us to see others as 'evil'? This book argues that it's our epistemological framework, which also resituates our own moral compass and reframes our moral world such that we can justify performing violent deeds, which we would readily demonize in others, as the heroics of eradicating evil. When conflict is understood positively as the confrontation of differences, an unavoidable and indeed desirable consequence of the rich tapestry of earthly life, then a discussion can open as (...) to how to navigate the countless confrontations of difference in the most skillful way. Through this lens, violence comes into view as the least skillful means of responding to, and working with, difference, since violence tends to 'rebound' and leaves both victims and perpetrators worse off—shameful and vengeful. Philosopher Wendy C. Hamblet argues that the radically polarized and oversimplified worldview that sorts the phenomena of the world into 'good guys' and 'evil others' is a framework as old as human community itself, and one that undermines people's own moral infrastructure, permitting them to take up the very acts that they would readily demonize as 'evil' in others. One's own violent responses to the human condition come to be reframed from unskillful and undesirable actions to valiant heroic reactions. In short, those who see 'evil' in others are far more likely to do 'evil,' resorting to the least skillful means for navigating difference—violence. In theory, violence is demonized as 'evil' in popular and criminological discourse and calls forth 'rebounding' like responses in the form of acts of vengeance in individuals and punitive responses in state institutions. However, punishment is itself defined as an 'evil' inflicted by a legitimate authority upon a wrongdoer in compensation for a wrong done. This leads to the conundrum that the state, as much as the vigilante, must necessarily undermine its own legitimacy by taking up the very acts that it deems as evil in its enemies and punishes in its deviant citizens. By reframing conflict positively, Hamblet introduces a new way of thinking about difference that allows the reader to appreciate (rather than tolerate) difference as a desirable feature of a multicultural, multi-religioned, multi-gendered world. This resituates the discussion of conflict such that conflict response styles can be viewed as more and less skillful means of navigating impasses in a world of differences. (shrink)

Islam is a religion of vast dimensions which has inspired great civilizations and today offers many men and women comfort and ethical guidance. In this paper I suggest that the tension between the Qur'an accepted as the perfect timeless word of God and the encultured dynamic Islam of nearly a quarter of the world's population results in contending perspectives of women's role and rights. The Qur'an gives men and women spiritual parity, but there are verses in the Qur'an that some (...) feminists find difficult to reconcile with the modern rights of women. Most Islamic feminists make a clear distinction between cultural practices and the pure word of God. 1 There are profound differences in the status of women within and between predominantly Muslim countries. In some countries it is illegal for women to drive a car, or to move freely outside the home, in others women have become heads of state. The decision to wear the veil, often a sign of empowerment in Europe, is in parts of the Islamic world obligatory. Voices representing an exclusivist, literalist understanding of Islam have entered the mainstream of Muslim lives due in part to the fact that Wahhabism imposes a narrow, sectarian view of Islam, and the Saudi government with its massive oil wealth propagates this puritanical form of Islam across the world. Some traditionalist maulanas and maulvis are concerned above all with women's modesty and enforce customs that refine, purify and protect their chastity. They, like some Islamic feminists, position Islamic rights and roles for women with regard to the exoticized and eroticized `other' — in this case Western civilization, Western imperialism and the rise of Western feminism. `The West' becomes for traditional interpreters a kind of contemporary jahilya. There are also many progressive Muslim scholars who seek to articulate a historically accurate, non-idealized, now challenged, now challenging, view of Islam with an uncompromising emphasis on social justice, equality and pluralism. This paper argues that the ongoing, postcolonial battle against Western `imperialism' demands epistemological humility. Nevertheless, women are fighting for basic human rights and freedoms in parts of the Islamic world where the State, religious authorities and the patriarchal family assume the right of legal and moral surveillance. In considering the nature of violence to Muslim women in Pakistan and the UK, I hope to show that accusations of orientalism should not deter us from recognizing the courage of women activists who themselves risk imprisonment and of the struggle of women victims of rape and domestic violence to overcome feelings of shame and dishonour. I argue that both the private and public spheres need to be made safe for all Muslim women, and not just a professional elite. This can only be achieved by a fuller recognition of women's rights encapsulated in law and all aspects of public life. (shrink)

This chapter argues that adequately facing and responding to medical error requires making space for blame. In vindicating blame as a response to medical error, this essay does not advocate a return to a “bad apple” blame culture in which unlucky practitioners are unfairly scapegoated. It does, however, defend the targeted feeling and expression of angry, and even resentful, blaming attitudes toward health-care providers who make at least certain kinds of mistakes. The chapter makes the case that the angry and (...) resentful feelings associated with blame reflect a conception of oneself as a person worthy of consideration, and that expressing these feelings allows victims and families to fight for their dignity and self-respect. Along the way, it distinguishes between shaming and blaming, explaining that blaming, unlike shaming, characteristically aims to draw offenders into a moral dialogue. As a result, a good blaming practice can provide a logic within which providers who make costly errors may seek forgiveness, reconciliation, and healing. (shrink)

Rape is a form of violence that causes destructive consequences to both the physical and spiritual health of women. Due to its taboo nature as well as the societal response to the victim, rape is especially harmful and results in han, a Korean concept that signifies a compressed suffering. The continual torment caused by han damages the rape victim’s spiritual health and ultimately leads to spiritual death. This article offers a definition of spiritual death and explores how the (...) experience of the violent act of rape within a rape culture constructs han. Specifically, the victims’ inability to express pain as well as assumed qualities of shame, self blame, and invisibility are examined with a focus on the societal response’s ability to provoke these qualities, further contributing to the emotional and spiritual trauma which results in a spiritual death. The possibility for multiple spiritual resurrections through various practices including the application of the traditional practice of Han-Pu-Ri, a Korean shamanistic ritual that releases han is discussed. (shrink)

The notion that rape is an act of violence rather than sex is a central tenet in rape crisis support and education. A therapeutic benefit of this conceptualisation of rape is that it counters shame and guilt by affirming that the victim was not a complicit partner in an act of sex. However, this conceptualisation has recently been criticised for not capturing what makes rape an especially serious kind of wrong. This raises an apparent dilemma for rape crisis support. (...) Recent work in analytic moral philosophy on the nature of rape offers a way to resolve this dilemma. It is argued that rape is not sex, but is nonetheless sexual. This distinction allows for a charitable reformulation of the central tenet in rape crisis support, which can facilitate the dual therapeutic aims of countering the sense of shame and of recognising the especially serious kind of the harm suffered by the victim. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Just Peace:A Buddhist-Christian Path to LiberationKyeongil JungThe primary goal of religion is liberation from suffering, and the state of liberation is peace. In that sense religion is a salvific and peace-seeking path. But just as many rivers flow into one great ocean, there are many paths to liberation, that is, to peace. Since the destination is the same, peace-seekers may walk on one path, two paths, or more. I (...) don't know whether it is due to good karma or divine grace, but I have been walking on two paths, Buddhist and Christian, since I began to pursue a spiritual-social transformation of the self and the world. This is possible, as my late friend Praveen Chaudhari said, not because the two paths are the same but precisely because they are different.The contrasting difference I have experienced is that while Buddhism is a path of peace to peace, Christianity is a path of justice to peace. This difference has become more apparent to me as I have studied and practiced both socially engaged Buddhism and liberation theology. Engaged Buddhists seek to achieve peace through "being peace," which is an impartial and nonadversarial way of proceeding, whereas liberative Christians seek to achieve peace through working for justice, which entails a preferential and confrontational attitude. But in these differences I believe that the two approaches can complement, not contradict, each other. They can do so because Buddhism and Christianity are differently but equally salvific paths on the common ground of human suffering.I walk on the two paths to peace at the same time. While this may not be possible intellectually and logically, in my experience it becomes possible through praxis. Liberation theologians are right that theological reflection is a "second act" that follows the first act: the praxis of liberation. In this essay I reflect on four major oppositions that have arisen in the course of my dual praxis: compassion language and justice language, peace and justice, nonviolence and violence, and meditation and action. In each case the opposition is resolved through mutual correction in view of the salvific purpose of both emphases.Compassion Language and Justice LanguageThere are two languages that inspire people to respond to human suffering, namely, the language of compassion and that of justice. Though the two languages are spoken [End Page 3] by Buddhists as well as Christians, compassion language is often attributed to Buddhism and justice language to Christianity. Buddhists draw mainly on compassion language to respond to human suffering. Such language is impartial: it does not discriminate between victims and victimizers, but encourages Buddhists to be compassionate toward both. Thich Nhat Hanh gives a striking illustration of the impartiality of Buddhist compassion: "I am the twelve-year-old girl, refugee on a small boat, who throws herself into the ocean after being raped by a sea pirate. And I am the pirate, my heart not yet capable of seeing and loving."1The two italicized "be" verbs challenge me. Though it is not always easy, I have no problem with the first "am" in the poem. I am compassionate toward the poor twelve-year-old girl. I feel her pain, shame, and despair. The compassion language does not allow me to distance myself here from her there. The girl's suffering is my suffering; I am the twelve-year-old girl. But, the second "am" takes my breath away. It is unthinkable and even immoral to identify myself with the sea pirate and to be compassionate toward him. I am not the pirate. Instead of compassion, I feel anger. The pirate should be punished for his heinous crime. I must take sides with the girl against the sea pirate. Why on earth is Nhat Hanh compassionate toward the evil sea pirate?Nhat Hanh was also angry when he heard of the girl's cruel fate. However, after meditating on the tragedy, he realized that he could not simply take sides: "If I had been born in his village and brought up under the same conditions, I would be exactly like him."2 He cannot take sides because he is aware of conditions in which a poor... (shrink)

When discussing whether or not our elected governments should intervene to end genocide, war crimes, ethnic cleansing, and crimes against humanity in other countries, the humanitarian intervention debate has largely been assuming that liberal democracies bear no responsibility for the injustice at hand: someone else is committing shameful acts; we are merely considering whether or not we have a positive duty to do something about it. Here I argue that there are important instances in which this dominant third party perspective (...) (TPP) is empirically false and normatively misguided. Much before our positive ?responsibility to protect? potential victims from mass atrocities, we violate our negative duty not to harm these victims. Employing work by Thomas Pogge and Leif Wenar, I argue that this harm currently comes about as our elected governments either buy, or allow our corporations to buy, the world's most precious resources from brutal dictators and warlords, who dominate some of the states that are at the heart of intervention discussions. In these cases, democracies' most immediate duty is not intervention but rather humanitarian disintervention: boycotting severely oppressive regimes, and in particular stopping to recognizing these regimes ? whether dictators or civil warriors ? as possessing legitimate authority to sell their peoples' resources. I begin with a brief survey of the intervention literature, followed by the foundations for the disintervention alternative. I then elaborate the conceptual and practical advantages of disintervention, concluding with thoughts on the reasons for TPP's lasting dominance. (shrink)

In doing a wrong action, an agent acquires guilt, subjective, or objective; guilt is to be distinguished from shame. A wrongdoer must deal with his guilt by making atonement—i.e. by repentance and apology to the victim, and by making reparation and penance. It is good for the victim to forgive a wrongdoer who has made some atonement, and that removes his guilt; but if the victim refuses to forgive despite substantial atonement, the wrongdoer's guilt disappears anyway. We (...) have some responsibility to help others of our community to deal with their guilt—by encouraging them to apologize, and by helping them to make reparation—but we are not guilty for the wrong acts of anyone else. (shrink)

Consider the reaction of Trayvon Martin’s family to the jury verdict. They were devastated that George Zimmerman, the defendant, was found not guilty of manslaughter or murder. Whatever the merits of this outcome, what does the Martin family’s emotional reaction mean? What does it say about criminal punishment – especially the reasons why we punish? Why did the Martin family want to see George Zimmerman go to jail? And why were – and are – they so upset that he didn’t? (...) -/- This Article will argue for three points. First, what fuels this kind of outrage is vengeance: the desire to see defendants like George Zimmerman be forced to “pay” for the harms that they needlessly and culpably inflict on others. While this point may seem obvious, it isn’t. Most people repudiate revenge and therefore the notion that it plays any role in the criminal justice system. -/- Second, this attitude toward revenge is misguided and needs to change. We need to recognize that vengeance not only does but should play a significant role in motivating criminal punishment. Our vengeful reactions to harmful crimes are not ugly or shameful; on the contrary, they manifest a deep valuation of victims and a bitter denunciation of individuals who actively renounce this valuation through their criminal behavior. -/- Third, these two points have significant implications for the two main theories of criminal punishment: “retributivism,” which says that criminals should be punished in order to give them their “just deserts,” and “consequentialism,” which says that criminals should be punished in order to bring about such good consequences as deterrence, incapacitation, and rehabilitation. Traditionally, these two theories have been at war with one another. But I will show how recognizing revenge as a motivation and justification for punishment can help to end this war and bring these two theories together. (shrink)

Although it originated in criminal justice, restorative justice is essentially a peacebuilding or conflict transformation approach to justice. The crossdisciplinary experience at the Center for Justice and Peacebuilding has suggested some important lessons for restorative justice, peacebuilding and related fields. These include the role of trauma and victimization in justice and peacebuilding; the significance of justice questions in trauma and conflict resolution; the importance of addressing responsibilities as well as needs; the role of shame, storytelling and empathy; the commonality of (...) underlying values; the need for our fields to address underlying issues of bias and structure; and the susceptibility of our fields to unintended consequences. Restorative justice suggests some questions and issues that may be of use to peacebuilding practitioners in general. Above all, it is important for all of us to see ourselves within a larger umbrella of peacebuilding; this will require that we move from competition to collaboration and adopt a common vision of "justpeace.". (shrink)

Dateline NBC’s “To Catch a Predator”(2006-08) involved NBC staff working with police and a watchdog group called “Perverted Justice” to televise “special intensity” arrests of men who were lured into meeting adult decoys posing as young children, presumably for a sexual encounter. As reality television, “To Catch a Predator” facilitates public shaming of those caught in front of the cameras, which distinguishes it from fictional representations. In one case, a Texas District Attorney, Louis Conradt, shot himself on film, unable (...) to bear the public humiliation of cameras airing his arrest. The show engenders conflicting responses: Did the show fulfill a public service by informing the public about real dangers and deterring potential predators, or was it an insensitive effort to garner ratings by taking advantage of human weaknesses? Is the sort of public shaming it imposes an appropriate form of punishment given the legitimate purposes of punishment? Did the show portray justice, or did it entrap victims? How did NBC’s working relationship with local police bear on the answer to that question? This paper addresses these questions and develops three objections to the show: that NBC in effect metes out unjust punishment; that it invades privacy; and that it entraps. (shrink)

In this dissertation, I examine our mental health concepts to see what work they are currently doing as well as what work they could be doing. In 1976, Christopher Boorse stated that the mental health literature is a “web of obscurities” (p. 51). To resolve some of this confusion, I argue that we need to consider the goals we should have for our mental health concepts and then give accounts of those concepts that meet our stated goals. I argue that (...) our goals for our mental health concepts should be twofold: first, we need concepts that will work to alleviate the stigmatization of mental disorder as this stigmatization gets in the way of providing and receiving medical help, and second, we need concepts that will be useful tools for medical practitioners to use in their diagnosis and treatment practices. -/- I begin by arguing that our mental disorder concept is not currently a useful tool for medical practitioners. Moreover, I argue that our mental disorder concept is confused in such a way that it is unlikely that it could ever be a useful tool for medical practitioners. If we cannot give an account of the mental disorder concept that is a useful tool for medical practitioners, then perhaps we can give an account of the mental disorder concept that can be used toward our goal of alleviating the stigmatization of mental disorder. Before we can do that, however, we need an account of the stigmatization concept so that we can understand what our mental disorder concept needs to be alleviating. -/- I argue that stigmatization is a process whereby some entity becomes marked as disgraceful or shameful. This stigmatization process includes (1) an attitude against the entity for reasons found in the social ideology, and (2) acts against the entity. I then argue that acts of stigmatization take two forms: direct stigmatization (where stigmatizors take acts against the stigmatized entity) and indirect stigmatization (where potential victims of stigmatization take acts to avoid becoming victims of stigmatization). With that in mind, we learn that if we are to alleviate the stigmatization of mental disorder, we need to work on alleviating both direct and indirect stigmatization. It is at this point that I argue for a new account of our mental disorder concept that can be utilized to alleviate the direct and indirect stigmatization of mental disorder. With our mental disorder concept redesigned to achieve that goal, I turn to the goal of providing medical help for persons that need that help. I argue that we need to reconceptualize what it means to be a ‘diagnosable condition’ so that we can develop a new framework for diagnosis and treatment that will be more efficacious than our current system. In conclusion, I suggest that we can untangle the current confusion that is the mental health literature by imbuing our mental health concepts with specific purposes and then utilizing them to achieve those purposes as I outline in this dissertation. (shrink)