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Full-Text Articles in Law

Shame, Culture, And American Criminal Law, Toni M. Massaro Jun 1991

Shame, Culture, And American Criminal Law, Toni M. Massaro

Michigan Law Review

The purpose of this Article is to analyze whether this link is one that American criminal court judges can, or should, exploit. I begin with a description of the new shaming sanctions and the possible justifications for this type of penalty. I then identify both psychological and anthropological aspects of the phenomenon of shame, or "losing face." I describe several cultures in which shaming practices are, or were, significant means of sanctioning behavior, and outline the shared features of these cultures.

These psychological and anthropological materials, taken together, suggest that shaming practices are most effective and meaningful when five conditions …


Harmony, Law, And Anthropology, Daniel H. Levine May 1991

Harmony, Law, And Anthropology, Daniel H. Levine

Michigan Law Review

A Review of Harmony Ideology: Justice and Control in a Zapotec Mountain Village by Laura Nader