Denise Levertov as Teacher

Lacey, Paul A.

doi:10.5840/renascence200558116

Cited by 1 publication

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“…In their grip, we may feel entitled to write the offender off as 'essentially' of 'bad character' and to punish with cruelty and lasting ostracization and contempt. 83 In other words, we may not only 'hate the sin' but also, in the grip of affective blame, come to hate the sinner. This can not only destroy the possibility of treating the offender with any concern, respect, or compassion, but also undermine any motivation we might otherwise harbour to work towards reform and reintegration.…”

Section: Taking the Clinical Model Into The Legal Realm: Prisons And mentioning

confidence: 99%

“…A more generalized 'judgmentalism' or condemnation of the offender's 'bad character' that is potentially lasting and stigmatizing, and hence undermining of the very possibility of any serious project of reform or reintegration, is not. 82 The hostile, vengeful attitudes and emotions that are part and parcel of affective blame too easily allow us to focus less on the conduct, more on the person and their supposed nature. In their grip, we may feel entitled to write the offender off as 'essentially' of 'bad character' and to punish with cruelty and lasting ostracization and contempt.…”

Section: Taking the Clinical Model Into The Legal Realm: Prisons And mentioning

confidence: 99%

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From the Consulting Room to the Court Room? Taking the Clinical Model of Responsibility Without Blame into the Legal Realm

Lacey

Pickard

2012

SSRN Journal

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Abstract-Within contemporary penal philosophy, the view that punishment can only be justified if the offender is a moral agent who is responsible and hence blameworthy for their offence is one of the few areas on which a consensus prevails. In recent literature, this precept is associated with the retributive tradition, in the modern form of 'just deserts'. Turning its back on the rehabilitative ideal, this tradition forges a strong association between the justification of punishment, the attribution of responsible agency in relation to the offence, and the appropriateness of blame. By contrast, effective clinical treatment of disorders of agency employs a conceptual framework in which ideas of responsibility and blameworthiness are clearly separated from what we call 'affective blame': the range of hostile, negative attitudes and emotions that are typical human responses to criminal or immoral conduct. We argue that taking this clinical model of 'responsibility without blame' into the legal realm offers new possibilities. Theoretically, it allows for the reconciliation of the idea of 'just deserts' with a rehabilitative ideal in penal philosophy. Punishment can be reconceived as consequences-typically negative but occasionally not, so long as they are serious and appropriate to the crime and the contextimposed in response to, by reason of, and in proportion to responsibility and blameworthiness, but without the hard treatment and stigma typical of affective blame. Practically, it suggests how sentencing and punishment can better avoid affective blame and instead further rehabilitative and related ends, while yet serving the demands of justice.

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Section: Taking the Clinical Model Into The Legal Realm: Prisons And mentioning

confidence: 99%

Section: Taking the Clinical Model Into The Legal Realm: Prisons And mentioning

confidence: 99%

From the Consulting Room to the Court Room? Taking the Clinical Model of Responsibility Without Blame into the Legal Realm

Lacey

Pickard

2012

SSRN Journal

View full text Add to dashboard Cite

show abstract

Denise Levertov as Teacher

Cited by 1 publication

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From the Consulting Room to the Court Room? Taking the Clinical Model of Responsibility Without Blame into the Legal Realm

From the Consulting Room to the Court Room? Taking the Clinical Model of Responsibility Without Blame into the Legal Realm

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