Legal Aspects of Shaming: An Ancient Sanction in the Modern World

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

‘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.’

• Contents:Preface xiPART I WHAT IS SHAMING? DEFINING THECONCEPT AND ITS LIMITS1 Introduction: Shaming – Definition, Historical Originsand Contemporary Proliferation of an Elusive Concept 2Meital Pinto and Guy Seidman2 Shaming: Should Law Treat it as the Staining of Honor, oras an Offense to Human Dignity and Respect? 28Orit Kamir3 Internal Cultural Outcasting as a Means of EnforcingCultural Norms 56Gershon GontovnikPART II SHAMING AND REPUTATION4 When Does Corporate Shaming Translate intoReputational Fallouts? 79Roy Shapira5 Sharing “Bad Shaming” on Social Networks 101Michal LaviPART III SHAMING FROM THE LEGAL PROCESS PERSPECTIVE6 The Process is the Shaming: Criminal Procedure vs.Human Dignity 129Asaf Harduf7 Judicial Shaming 151Guy Seidman and Matan Szatmary8 Shaming in Family Disputes Terminating in Divorce:Exploiting Parental Alienation 174Daniella AssarafPART IV REGULATORY SHAMING9 Shaming and the Environmental Arena 200Shirley Naveh10 Government Regulation by Eco-Shaming Corporations:Balancing Effectiveness and Fairness 225Sharon Yadin11 Shaming by Bank Regulators: Methods and Applications 249Ruth Plato-Shinar12 Shaming Under the Cover of Tax Law in Anglo-AmericanJurisdictions 272Limor RizaIndex 294