Punishment, Justice, and Emotions

Carvalho, Henrique; Chamberlen, Anastasia

doi:10.1093/oxfordhb/9780199935383.013.138

Cited by 9 publications

(6 citation statements)

References 65 publications

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“…In other words, the hostile solidarity of punishment also serves to promote a sense of reassurance. This way, individuals are not only enabled to express their aggression and frustrations by directing hostile feelings towards criminals (Elias, 1994;Garland, 1990bGarland, , 2001, and to regain a sense of control -through which punishment acts as a defence mechanism in which individuals fashion and target specific threats and fears in order to cope with deeper, more generalised feelings of insecurity (Brown, 2003;Carvalho and Chamberlen, 2016;King and Maruna, 2009;Marsh, 1996) -but to do so while also believing that they are on the side of right, that they are being violent in the name of justice.…”

Section: The Hostile Solidarity Of Punishmentmentioning

confidence: 99%

Why punishment pleases: Punitive feelings in a world of hostile solidarity

Carvalho

Chamberlen

2017

Punishment & Society

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Section: The Hostile Solidarity Of Punishmentmentioning

confidence: 99%

Why punishment pleases: Punitive feelings in a world of hostile solidarity

Carvalho

Chamberlen

2017

Punishment & Society

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“…However, it may provide us with a useful theoretical framework to analyse AD (and similar mechanisms) for two reasons: first, it is both a backward and forward-looking theory; second, it offers a rich and sensitive concept of penal censure as a dialogic and communicative moral process (Duff, 2001). The communicative analysis seems especially important for prison regime -a stage that normally treats the prisoner as 'something whose experience and feelings (if any) need not be taken into account' ('denial of subjectivity') (Carvalho and Chamberlen, 2016;Nussbaum, 1995: 260). All that serves as strong motivation to explore the relation between prison practices and the idea of penal communication.…”

Section: Part Iii: Carceral Shadows Over the Juridical Logic: Problematising Additional Days Through Penal Communication Logic The Possibmentioning

confidence: 99%

Juridical Message in the Shadow of the Carceral: Prison Discipline, Additional Days and the Feasibility of Penal Communication

Dagan

2020

Social & Legal Studies

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Juridical and carceral scholarship seldom interact. As a result, the visible and less visible intersections and gaps between the two penal logics and discourses are often overlooked. The paper argues for better understanding of juridical power, and how it may cut through the boundaries of juridical/carceral separation. As a case study, the paper problematises the disciplinary punishment of imposing ‘additional days’ of prison time (AD) for prison rules violations, through the lenses of communicative sentencing theory. The paper argues that AD may undermine the juridical communicative ideal as it may cause penal censure to lose credibility, trivialise the value of prison time, and harm the feasibility of penal communication by disconnecting imprisonment from the offence of conviction. Conclusions for socio-legal and penal theory and policy are discussed.

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“…Durkheim (1997, p. 39) defines the collective or common consciousness as "the totality of beliefs and sentiments common to average members of a society." When an act offends this collective consciousness, punishment is used to demonstrate community members' outrage or disapproval, in response to the violation of a social norm (Carvalho and Chamberlen 2015). Punishments exist along a continuum proportional to the emotional reaction that the act has evoked.…”

Section: Durkheim and The Lawmentioning

confidence: 99%

How Do Criminal Courts Respond in Times of Crisis? Evidence from 9/11

Light

Dinsmore

Massoglia

2019

American Journal of Sociology

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How courts make decisions during national emergencies has been a key focus of legal scholarship, yet we know comparatively little about how courts respond to national crises in one of their core functionscriminal sentencing. This article addresses this gap by leveraging the terrorist attacks on September 11, 2001, to examine the punishment of foreign nationals before and after a national emergency. Using difference-in-difference-in-differences estimation, this article finds little evidence that the severity of sentences for non-U.S. citizens changed appreciably nationwide. This article does find, however, considerable evidence of a more local 9/11 effect, whereby the sentencing gap between citizens and noncitizens widened significantly in the New York and Washington, D.C., District Courts following the attacks. Using restricted data from the U.S. Sentencing Commission, this article finds suggestive evidence that the differences in sentencing following 9/11 are likely attributable to changes in judges' behavior, rather than policy shifts or changes in prosecutorial decisions.How do courts respond to national security emergencies? Answering this question speaks to fundamental principles about the rule of law in democratic 1 We are indebted to Jeffery Ulmer and the AJS reviewers for their insightful comments.

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Punishment, Justice, and Emotions

Abstract: Please refer to published version for the most recent bibliographic citation information. If a published version is known of, the repository item page linked to above, will contain details on accessing it.

Cited by 9 publications

References 65 publications

Why punishment pleases: Punitive feelings in a world of hostile solidarity

Why punishment pleases: Punitive feelings in a world of hostile solidarity

Juridical Message in the Shadow of the Carceral: Prison Discipline, Additional Days and the Feasibility of Penal Communication

How Do Criminal Courts Respond in Times of Crisis? Evidence from 9/11

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