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The emotional aims of punishment
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Carvalho, Henrique and Chamberlen, Anastasia (2021) The emotional aims of punishment. In: Papacharalambous, Charis, (ed.) The Aims of Punishment: Theoretical, International and Law Comparative Approaches. Baden-Baden: Nomos. ISBN 9783848779116
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Official URL: https://www.nomos-shop.de/titel/the-aims-of-punish...
Abstract
This paper offers a critical engagement with the question: what does punishment aim to achieve? Through a dialogue with sociological, psychological and criminological literature on the links between punishment, criminal justice and emotions, the paper argues that the main role of punishment in society is emotional. That is, it is desired and driven by a set of feelings, anxieties and insecurities. We discuss how this affective nature of punishment carries significant implications for scholarship on punishment; namely we show (1) that the primary subjects of punishment are the punisher and those in whose name they punish, rather than the punished; (2) that the aim of punishment is predominantly ideological, rather than deontological or consequentialist; and (3) that punishment has a symbiotic relationship with violence, so that one feeds into the other. The latter part of the paper explores these implications, and then concludes by proposing that a criminal justice system that sincerely aims to guard society against violence must be one geared at making punishment increasingly unnecessary.
| Item Type: | Book Item | ||||||
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| Subjects: | B Philosophy. Psychology. Religion > BF Psychology H Social Sciences > HM Sociology H Social Sciences > HV Social pathology. Social and public welfare K Law [Moys] > KA Jurisprudence K Law [Moys] > KM Common Law, Public Law |
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| Divisions: | Faculty of Social Sciences > School of Law Faculty of Social Sciences > Sociology |
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| Library of Congress Subject Headings (LCSH): | Punishment, Sentences (Criminal procedure), Sociological jurisprudence, Criminal justice, Administration of -- Social aspects, Punishment (Psychology) | ||||||
| Publisher: | Nomos | ||||||
| Place of Publication: | Baden-Baden | ||||||
| ISBN: | 9783848779116 | ||||||
| Book Title: | The Aims of Punishment: Theoretical, International and Law Comparative Approaches | ||||||
| Editor: | Papacharalambous, Charis | ||||||
| Official Date: | January 2021 | ||||||
| Dates: |
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| Number of Pages: | 320 | ||||||
| Status: | Not Peer Reviewed | ||||||
| Publication Status: | Published | ||||||
| Access rights to Published version: | Restricted or Subscription Access | ||||||
| Date of first compliant deposit: | 15 April 2020 | ||||||
| Date of first compliant Open Access: | 1 January 2022 |
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