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http://ssrn.com/abstract=410922
 
 

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Are Shaming Punishments Beautifully Retributive? Retributivism and the Implications for the Alternative Sanctions Debate


Dan Markel


Florida 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

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Date posted: May 27, 2003  

Suggested Citation

Markel, Dan, Are Shaming Punishments Beautifully Retributive? Retributivism and the Implications for the Alternative Sanctions Debate. Vanderbilt Law Review Vol. 54, p. 2157, 2001. Available at SSRN: http://ssrn.com/abstract=410922 or http://dx.doi.org/10.2139/ssrn.410922

Contact Information

Dan Markel (Contact Author)
Florida State University College of Law ( email )
425 W. Jefferson Street
Tallahassee, FL 32306
United States
HOME PAGE: http://www.danmarkel.com/
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