Hardback
The Legal Aspects of Shaming: An Ancient Sanction in the Modern World
Offering an original legal definition of shaming, this incisive book argues for greater attention to shaming by legal scholars and practitioners. Suggesting nuanced procedures to regulate shaming in diverse areas of law, it seeks to make shaming by legal entities legitimate and effective, and to use legal mechanisms to limit inappropriate shaming in non-legal contexts.
More Information
Critical Acclaim
Contributors
Contents
More Information
Offering an original legal definition of shaming, this incisive book argues for greater attention to shaming by legal scholars and practitioners. Suggesting nuanced procedures to regulate shaming in diverse areas of law, it seeks to make shaming by legal entities legitimate and effective, and to use legal mechanisms to limit inappropriate shaming.
This book presents conceptual, normative, and descriptive insights of shaming by individuals, groups, and the state. Defining shaming as the deliberate dissemination of information likely to harm the reputation of whomever is shamed, chapters consider the historical, philosophical, sociological, economic, political, cultural, and legal aspects of shaming. The book offers novel insights into when and how shaming can be utilized by the law, for example by judges and environmental corporate regulators, and when shaming impedes justice, such as in family disputes, tax tribunals, and on social media.
Advancing recent public debates, this book will be a fascinating read for legal scholars and students interested in the definition and regulation of shaming. It will also be an invaluable guide for legal practitioners seeking to understand what role shaming can legitimately play in their field.
This book presents conceptual, normative, and descriptive insights of shaming by individuals, groups, and the state. Defining shaming as the deliberate dissemination of information likely to harm the reputation of whomever is shamed, chapters consider the historical, philosophical, sociological, economic, political, cultural, and legal aspects of shaming. The book offers novel insights into when and how shaming can be utilized by the law, for example by judges and environmental corporate regulators, and when shaming impedes justice, such as in family disputes, tax tribunals, and on social media.
Advancing recent public debates, this book will be a fascinating read for legal scholars and students interested in the definition and regulation of shaming. It will also be an invaluable guide for legal practitioners seeking to understand what role shaming can legitimately play in their field.
Critical Acclaim
‘The days of the Scarlet Letter may be over but shaming has been modernized and weaponized in a variety of ways, including on social media. But this is not a collection of anecdotes about the victims of digital shaming. This is an important collection that acknowledges shaming as a serious point of academic inquiry. It is a rich and refreshing look at shaming from multiple perspectives that explores many pitfalls but also the many promises of modern shaming punishments, including how shaming has been used in regulating large companies.’
– Jennifer Jacquet, New York University, US
– Jennifer Jacquet, New York University, US
Contributors
Contributors: Daniella Assaraf, Gershon Gontovnik, Asaf Harduf, Orit Kamir, Michal Lavi, Shirley Naveh, Meital Pinto, Ruth Plato-Shinar, Limor Riza, Guy Seidman, Roy Shapira, Matan Szatmary, Sharon Yadin
Contents
Contents:
Preface xi
PART I WHAT IS SHAMING? DEFINING THE
CONCEPT AND ITS LIMITS
1 Introduction: Shaming – Definition, Historical Origins
and Contemporary Proliferation of an Elusive Concept 2
Meital Pinto and Guy Seidman
2 Shaming: Should Law Treat it as the Staining of Honor, or
as an Offense to Human Dignity and Respect? 28
Orit Kamir
3 Internal Cultural Outcasting as a Means of Enforcing
Cultural Norms 56
Gershon Gontovnik
PART II SHAMING AND REPUTATION
4 When Does Corporate Shaming Translate into
Reputational Fallouts? 79
Roy Shapira
5 Sharing “Bad Shaming” on Social Networks 101
Michal Lavi
PART III SHAMING FROM THE LEGAL PROCESS PERSPECTIVE
6 The Process is the Shaming: Criminal Procedure vs.
Human Dignity 129
Asaf Harduf
7 Judicial Shaming 151
Guy Seidman and Matan Szatmary
8 Shaming in Family Disputes Terminating in Divorce:
Exploiting Parental Alienation 174
Daniella Assaraf
PART IV REGULATORY SHAMING
9 Shaming and the Environmental Arena 200
Shirley Naveh
10 Government Regulation by Eco-Shaming Corporations:
Balancing Effectiveness and Fairness 225
Sharon Yadin
11 Shaming by Bank Regulators: Methods and Applications 249
Ruth Plato-Shinar
12 Shaming Under the Cover of Tax Law in Anglo-American
Jurisdictions 272
Limor Riza
Index 294
Preface xi
PART I WHAT IS SHAMING? DEFINING THE
CONCEPT AND ITS LIMITS
1 Introduction: Shaming – Definition, Historical Origins
and Contemporary Proliferation of an Elusive Concept 2
Meital Pinto and Guy Seidman
2 Shaming: Should Law Treat it as the Staining of Honor, or
as an Offense to Human Dignity and Respect? 28
Orit Kamir
3 Internal Cultural Outcasting as a Means of Enforcing
Cultural Norms 56
Gershon Gontovnik
PART II SHAMING AND REPUTATION
4 When Does Corporate Shaming Translate into
Reputational Fallouts? 79
Roy Shapira
5 Sharing “Bad Shaming” on Social Networks 101
Michal Lavi
PART III SHAMING FROM THE LEGAL PROCESS PERSPECTIVE
6 The Process is the Shaming: Criminal Procedure vs.
Human Dignity 129
Asaf Harduf
7 Judicial Shaming 151
Guy Seidman and Matan Szatmary
8 Shaming in Family Disputes Terminating in Divorce:
Exploiting Parental Alienation 174
Daniella Assaraf
PART IV REGULATORY SHAMING
9 Shaming and the Environmental Arena 200
Shirley Naveh
10 Government Regulation by Eco-Shaming Corporations:
Balancing Effectiveness and Fairness 225
Sharon Yadin
11 Shaming by Bank Regulators: Methods and Applications 249
Ruth Plato-Shinar
12 Shaming Under the Cover of Tax Law in Anglo-American
Jurisdictions 272
Limor Riza
Index 294
