Suchergebnisse

1. Toward a constructionist approach to the study of remorse -- 2. Being and doing : the judicial use of remorse to construct character and community -- 3. Making monsters : contemporary uses of the pathological approach to remorse -- 4. Defiance -- 5. Remorse and social transformation : reflections on the Truth and Reconciliation Commission of South Africa -- 6. The social and legal regulation of remorse.

This article argues first that attributions of remorse are used in legal discourse to distinguish those whose character is perceived as different from their wrongful act (the remorseful) from those whose character is perceived as consistent with their wrongful act (the remorseless). It then advances an explanation as to why courts emphasize the showing of remorse more than the offering of an apology as the true measure of the wrongdoer's character. Next, using a population of Canadian judgments rendered between 2002 and 2004, It proceeds to identify how judges constitute the category of remorse through the criteria they use to decide which claims to remorse are valid and which are not. Finally, building upon work in the sociology of affect, the article looks at how judicial speech shapes the form that expressions of remorse are expected to take.

This chapter documents how the shift in psychiatric representation from the 'morally insane' perpetrator of the 19th century to the modern psychopath or person with anti-social personality disorder involves a recasting of the offender from someone afflicted with an illness whose criminal misconduct is merely a symptom of their disorder to someone whose criminal misconduct is perceived as an expression of their true character. Drawing upon recent case law, the article then shows how prosecutors deploy this modern psychiatric reconfiguring during the penalty phase of the US capital trial to persuade jurors to decide in favor of death over life without parole. Central to the building of this narrative is the reframing of the offenders' silences as well as what are taken as their unconvincing attempts to show remorse as evidence of a pathology whose primary manifestation is the incapacity to feel or experience moral emotions. Applying but also modifying Harold Garfinkel's work on degradation ceremonies, the chapter shows how the pathologizing of the offender's lack of remorse involves a rite of passage in which he or she is symbolically demoted from someone worthy of life in spite of their grievous crime to someone for whom death is the only appropriate penalty. [Copyright 2007 Elsevier Ltd.]

The use of remorse to represent individuals in criminal justice systems is studied, highlighting its use in Canadian courts. The notions of remorse & apology are compared to explain why the former concept is used in Canadian legal discourse. An analysis of 1995 Ontario cases (N = 127) in which the term remorse was included in the decision revealed that the most frequent remorse indicators included pleading guilty, promptness of guilty pleas, offender's visible suffering, & offender's postoffense behavior. Offenders who pleaded innocent, failed to take personal responsibility for the offensive behavior, were characterized as pathological by mental health professionals, or refused to view their behavior as morally objectionable were perceived as not remorseful. Offenders may occupy different moral communities; in this light, results illustrate certain meaning-making processes in both judicial & other communities. 42 References. J. W. Parker

AbstractThe Federal Remediation Technologies Roundtable, an interagency working group, was created to build a more collaborative atmosphere among federal agencies involved in the remediation of hazardous waste sites. A major initiative of the Roundtable is to improve the type and availability of cost and performance data about remediation technologies. To date, the Roundtable has published 140 case studies, available on‐line at http://www.frtr.gov/cost, that document full‐scale and demonstration‐scale projects, covering in‐situ and ex‐situ technology applications for soil, groundwater, and solid media. This article provides an overview of the Roundtable's current inventory of case studies, overall approach to data management, standard reporting procedures, and observations and lessons learned.