Eng 102 Essay

Two Approaches on Public Shaming
Disputes, injustices, and crimes emerged with the beginning of humans

living in small communities. Their emergence was also accompanied by the
punishments of those actions. In order to preserve a healthy social life in those
communities the punishments were a way to govern and constitute the moral
individual and therefore the just community. From old times till the present day,
the punishment of shame was one of the deterrents for crimes. In general terms,
defined by the professionals in legal studies, “Shaming" is the process by which
citizens publicly and self-consciously draw attention to the bad dispositions or
actions of an offender, as a way of punishing him for having those dispositions or
engaging in those actions" (Kahan & Posner, 1999).
Tangney, in his article "Condemn the crime, not the person", draws on recent
research to distinguish between two emotions: shame and guilt. He writes that the
former, the shame, “involve a painful focus on the self—the humiliating sense that
"I am a bad person." whereas the latter, the guilt “involve a focus on a specific
behavior—the sense that "I did a bad thing" rather than "I am a bad person."
(Tangney, 2001). He emphasizes this distinction because the two different
emotions have different moral implications. In the case of shame, one can feel
miserable and worthless, because humiliation is focused on the self and not on the
action. Since the aim of punishment is the transform the individual’s actions,
shaming of the self is not a good way to do it; “Ironically, research has shown that
such painful and unbearable feelings of shame do not motivate constructive
changes in behavior.” (Tangney, 2001). The feeling of guilt is involving a remorse
and regret over the bad action itself, Tangney writes. Thus, the emphasis on the
action gives a potential for the change one’s actions since what is bad is not the self
but its actions. He suggests “thoughtfully constructed guilt-oriented community
service” (Tangney, 2001) as punishments for minor crimes. He thinks that the
community services could help one’s transformation through regret while
contributing the society’s good. But what if one's pride and reputation are very
important to him or her, then can shame be a good form of punishment? Kahan
writes “People value their reputations for both emotional and financial reasons.”
(Kahan, 2001). He draws from a study of a sociologist Harold Grasmick and writes
that possibility of the being a subject of the public shaming puts more pressure
than other punishments such as imprisonment and other formal laws. The reason
for this is that their public image is has significant importance for individuals. It
could be said that their whole life, since humans are social animals, depends on
that public image. One’s public image determines their relationship with other
elements of social life.
When we compare the ideas of the two authors, Tangney and Kahan, their
approach differs at the fundamental level. I think Tangney’s approach is more
related to the moral side of the case, whereas Kahan’s approach is seems more
related to pragmatical side. Tangney distinction between two emotions, shame, and
guilt, makes us aware that the moral side of the situation. We should consider the
motivation behind the act and try to act on better moral motivations. However,
Kahan does not interested in the moral act and its motivation rather he just seeks to
a negative-motivation that indirectly governs the social acts of individuals, namely
“public shame”. I think Tangney’s approach is more adequate because it consists of
a truthful moral consideration of the act and a potential to transformation of
individual. Whereas Kahan has nothing to say about the morality but rather the
repression of the crimeful act through idea of public shaming. This is dangerous,
both for the subject and for society, because the repressed can return and we don't
know when that will happen, and a society that is on a hysterical lynching mission
can never be a healthy society.
References:
Tangney, June. "Condemn the Crime not the Person." Bostn Globe, August 5,
2001.
Kahan, Dan M. "Shame is Worth a Try." Boston Globe, August 5, 2001.

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Two Approaches on Public Shaming

Disputes, injustices, and crimes emerged with the beginning of humans

Kahan, Dan M. "Shame is Worth a Try." Boston Globe, August 5, 2001.

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