|
||||
|
||||
Are Shaming Punishments Beautifully Retributive? Retributivism and the Implications for the Alternative Sanctions DebateDan MarkelFlorida State University College of Law Vanderbilt Law Review Vol. 54, p. 2157, 2001 Abstract: Since the appearance nearly ten years ago of Professor Toni Massaro's critique of the feasibility of shaming punishments in America, scholars have heatedly debated the practicality of and justifications for a variety of alternatives to incarceration in publicly managed prisons. A popular assumption on both sides of the debate over alternative sanctions has been that retributivism, as a conceptual justification for punishment, is fully compatible with shaming punishments, the most controversial form of alternative sanctions. Indeed, Professor James Whitman has even gone so far as to call shaming punishments "beautifully retributive." This Article offers a retributivist critique of shaming punishments, and in so doing, challenges that consensus. Offering a theory called the Confrontational Conception of Retribution (CCR), Dan Markel not only explains why retributivism is hostile to shaming punishments, but also how retributivism can commend creative alternatives to the extensive reliance upon public prisons.
Number of Pages in PDF File: 86 Accepted Paper SeriesDate posted: May 27, 2003Suggested CitationContact Information
|
|
|||||||||||||||||||||||||
© 2013 Social Science Electronic Publishing, Inc. All Rights Reserved.
FAQ
Terms of Use
Privacy Policy
Copyright
This page was processed by apollo7 in 0.360 seconds