The Legal Aspects of Shaming: An Ancient Sanction in the Modern World: (Elgar Studies in Law and Society)

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.

Table of 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

About the Author :
Edited by Meital Pinto, Senior Lecturer of Public Law and Legal Theory, Law School, Zefat Academic College; Law Faculty, Ono Academic College and Guy Seidman, Professor of Law, Harry Radzyner Law School, Reichman University, Israel

Review :
‘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.’