Would a just society or government absolutely refrain from shaming or humiliating any of its members? "No," says this essay. It describes morally acceptable uses of shame, stigma and disgust as tools of social control in a decent (just) society. These uses involve criminal law, tort law, and informal social norms. The standard of moral acceptability proposed for determining the line is a version of perfectionistic prioritarian consequenstialism. From this standpoint, criticism is developed against Martha Nussbaum's view that to respect (...) the dignity of each person, society absolutely must refrain from certain ways of shaming and humiliating its members and rendering them objects of communal disgust. (shrink)

This article examines what is wrong with some expressive acts, ‘insults’. Their putative wrongfulness is distinguished from the causing of indirect harms, aggregated harms, contextual harms, and damaging misrepresentations. The article clarifies what insults are, making use of work by Neu and Austin, and argues that their wrongfulness cannot lie in the hurt that is caused to those at whom such acts are directed. Rather it must lie in what they seek to do, namely to denigrate the other. The causing (...) of offence is at most evidence that an insult has been communicated; it is not independent grounds of proscription or constraint. The victim of an insult may know that she has been insulted but not accept or agree with the insult, and thereby submit to the insulter. Hence insults need not, as Waldron argues they do, occasion dignitary harms. They do not of themselves subvert their victims' equal moral status. The claim that hateful speech endorses inequality should not be conflated with a claim that such speech directly subverts equality. Thus, ‘wounding words’ should not unduly trouble the liberal defender of free speech either on the grounds of preventing offence or on those of avoiding dignitary harms. (shrink)

Recent defenses of shaming as an effective tool for identifying bad practice and provoking social change appear compatible with feminism. I complicate this picture by examining two instances of online feminist shaming that resulted in shame backlashes. Shaming requires the assertion of social and epistemic authority on behalf of a larger community, and is dependent upon an audience that will be receptive to the shaming testimony. In cases where marginally situated knowers attempt to “shame up,” it presents challenges for feminist (...) uses. (shrink)

Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition.

Previous edition, 1st, published in 1971.

Online shaming is a subject of import for social philosophy in the Internet age, and not simply because shaming seems generally bad. I argue that social philosophers are well-placed to address the imaginal relationships we entertain when we engage in social media; activity in cyberspace results in more relationships than one previously had, entailing new and more responsibilities, and our relational behaviors admit of ethical assessment. I consider the stresses of social media, including the indefinite expansion of our relationships and (...) responsibilities, and the gap between the experiences of those shamed and the shamers’ appreciation of the magnitude of what they do when they shame; I connect these to the literature suggesting that some intuitions fail to guide our ethics. I conclude that we each have more power than we believe we do or than we think carefully about exerting in our online imaginal relations. Whether we are the shamers or the shamed, we are unable to control the extent to which intangible words in cyberspace take the form of imaginal relationships that burden or brighten our self-perceptions. (shrink)

It is widely conceded by liberals that institutions alone are insufficient to ensure that citizens behave in the ways required for a liberal state to flourish, be stable, or function at all. A popular solution proposes cultivating virtues in order to secure the desired behaviours of citizens, where institutions alone would not suffice. A range of virtues are proposed to fill a variety of purported gaps in the liberal political order. Some appeal to virtues in order to secure state stability; (...) Rawls, for instance, claims that ‘citizens must have a sense of justice and the political virtues that support political and social institutions’ in order to ensure an ‘enduring society’. For Galston, citizens must possess a range of virtues in order for the state to function, including the virtues of courage, independence, tolerance, willingness to engage in public discourse, and law-abidingness. (shrink)

Moral grandstanding is a pervasive feature of public discourse. Many of us can likely recognize that we have engaged in grandstanding at one time or another. While there is nothing new about the phenomenon of grandstanding, we think that it has not received the philosophical attention it deserves. In this essay, we provide an account of moral grandstanding as the use of public discourse for moral self-promotion. We then show that our account, with support from some standard theses of social (...) psychology, explains the characteristic ways that grandstanding is manifested in public moral discourse. We conclude by arguing that there are good reasons to think that moral grandstanding is typically morally bad and should be avoided. (shrink)

The proposal that the criminal justice system should focus on rehabilitation – rather than retribution, deterrence, or expressive denunciation – is among the least popular ideas in legal philosophy. Foremost among rehabilitation’s alleged weaknesses is that it views criminals as blameless patients to be treated, rather than culpable moral agents to be held accountable. This article offers a new interpretation of the rehabilitative approach that is immune to this objection and that furnishes the moral foundation that this approach has lacked. (...) The view rests on the principle that moral agents owe it to one another to maintain the dependability of their moral capacities. Agents who culpably commit criminal wrongs, however, betray an unacceptable degree of moral unreliability. Punishment, on this theory, consists in the enforcement of the duties that offenders have to reduce their own likelihood of recidivism. (shrink)