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Lehrende: Dr. Costanza Porro
Veranstaltungsart:
Hauptseminar
Anzeige im Stundenplan:
Semesterwochenstunden:
2
Credits:
4,0
Unterrichtssprache:
Englisch
Min. | Max. Teilnehmerzahl:
1 | 25
Kontingentschema: Phil_Standard_WS1415
Weitere Informationen:
Für den erfolgreichen Besuch dieser Veranstaltung im Rahmen des Fachspezifischen Wahbereichs werden 4 LP angerechnet.
Kommentare/ Inhalte:
While traditional liberal political theories have been historically wary of assigning an important role to emotions and attitudes with an emotional component, many are the ways in which these emotions and attitudes inform our political life and the action of state institutions as well as other political actors. The aim of this course is to discuss their nature and place in politics and law.
A good place to start this investigation is by looking at the criminal law, as this domain, unlike others, is one where emotions have been seeing as playing an important role. Many believe that moral censure and blame are essential to criminal punishment. This influential view has been recently criticised by theorists who argue that blame leads to the stigma of those who are punished. Others have even suggested that the state should abandon blame and punish instead with forgiveness. This course will explore this debate in criminal law theory.
In this seminar, we will also look at the ways in which shame informs the law as well as public discourse. We will reflect on the use of shame in criminal punishment and on public shaming more broadly, also in light of its role in some recent social movements, addressing the question of whether this way of treating our fellow citizens can be justified and on which grounds.
Moreover, we will look at the nature of mercy, attempting to answer the question of whether mercy should play a role in the relationship between individuals and the state or, in virtue of being an inherently inegalitarian attitude, it is unsuitable for egalitarian societies and political relationships. We will explore the role of mercy in criminal law as well as in politics, looking at a recent proposal on the role of mercy in migration ethics and policy.
Another emotion the role of which will be discussed in this course is anger. Anger is considered by some to be a potentially constructive emotion in politics, insofar as it is a form of righteous indignation for injustice and wrongdoing. In recent years, anger has also been discussed in connection with the recent popularity of populist movements. In this seminar, we will discuss the question of whether anger can be a useful and appropriate emotion for political and social movements and individuals when faced with injustice.
Finally, we will look at the role of care in political theory. Over the last thirty years, care ethics has become one of the most influential moral theories and many of its proponents have argued that care should also play an important role in political life. In this course, we will look at the implications of care for politics and the relationship between care and other political values, first and foremost justice.
In examining the role of these emotions and attitudes with an emotional component in politics and law we will also reflect on their nature, comparing different accounts of what blame, forgiveness, shame, mercy, anger and care are. Moreover, we will explore the tension within liberalism on the role that emotions can play and the dialogue between more traditional types of liberalism and neighbouring theories, such as communitarianism and care ethics, on this issue.
Literatur:
Billingham, Paul, and Tom Parr. 2019. ‘Online Public Shaming: Virtues and Vices’. Journal of Social Philosophy, December, josp.12308. https://doi.org/10.1111/josp.12308.
Book, Aaron S. 1999. ‘Shame On You: An Analysis of Modern Shame Punishment as an Alternative to Incarceration’, 35.
Braithwaite, John, Eliza Ahmed, and Valerie Braithwaite. 2006. ‘Braithwaite, John, Eliza Ahmed, and Valerie Braithwaite. “Shame, Restorative Justice, and Crime.” Taking Stock: The Status of Criminological Theory 15 (2006): 397-417.’ In Taking Stock: The Status of Criminological Theoery, 397–417. 15.
Coates, D. Justin, and Neal A. Tognazzini, eds. 2013. Blame: Its Nature and Norms. Oxford; New York: Oxford University Press.
Engster, Daniel, and Maurice Hamington, eds. 2015. Care Ethics and Political Theory. First edition. Oxford, United Kingdom?; New York, NY: Oxford University Press.
Fricker, Miranda. 2016. ‘What’s the Point of Blame? A Paradigm Based Explanation: What’s the Point of Blame?’ Noûs 50 (1): 165–83. https://doi.org/10.1111/nous.12067.
Held, Virginia. 2006. The Ethics of Care: Personal, Political, and Global. Oxford?; New York: Oxford University Press.
Kelly, Erin. 2018. The Limits of Blame: Rethinking Punishment and Responsibility. Cambridge, Mass.: Harvard University Press.
Klonick, Kate. 2016. “Re-Shaming the Debate: Social Norms, Shame, and Regulation in an Internet Age.” Maryland Law Review 75 (4): 1029–65.
Lacey, Nicola, and Hanna Pickard. 2012. ‘From the Consulting Room to the Court Room? Taking the Clinical Model of Responsibility Without Blame into the Legal Realm’. Oxford Journal of Legal Studies 33 (1): 1–29. https://doi.org/10.1093/ojls/gqs028.
———. 2015. ‘To Blame or to Forgive? Reconciling Punishment and Forgiveness in Criminal Justice’. Oxford Journal of Legal Studies 35 (4): 665–96. https://doi.org/10.1093/ojls/gqv012.
Lepoutre, Maxime. 2018. ‘Rage inside the Machine: Defending the Place of Anger in Democratic Speech’. Politics, Philosophy & Economics 17 (4): 398–426. https://doi.org/10.1177/1470594X18764613.
Massaro, Toni M. 1997. ‘The Meanings of Shame: Implications for Legal Reform.’ Psychology, Public Policy, and Law 3 (4): 645–704. https://doi.org/10.1037/1076-8971.3.4.645.
Nussbaum, Martha Craven. 2006. Hiding from Humanity: Disgust, Shame, and the Law. 2. print. Princeton, N.J.: Princeton Univ. Press.
———. 2015. Political Emotions: Why Love Matters for Justice. First Harvard University Press paperback edition. Cambridge, Massachusetts London: The Belknap Press of Harvard University Press.
———. 2016. Anger and Forgiveness: Resentment, Generosity, Justice. New York: Oxford University Press.
Sher, George. 2006. In Praise of Blame. Oxford: Oxford University Press.
Srinivasan, Amia. 2018. ‘The Aptness of Anger’. Journal of Political Philosophy 26 (2): 123–44. https://doi.org/10.1111/jopp.12130.
Thomason, Krista K. 2018. Naked: The Dark Side of Shame and Moral Life. New York, NY: Oxford University Press.
Wolf, Susan. 2011. ‘Blame, Italian Style’. In Reasons and Recognition: Essays on the Philosophy of T. M. Scanlon, edited by R. Jay Wallace, Rahul Kumar, and Samuel Richard Freeman, 332–47. New York: Oxford University Press.
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