Shame Sanctions and the Law in a Postmodern Perspective

Abstract

This paper aims to investigate why we can identify in the so called Post-modern Western Civilization the increase of shame sanctions with the scope of social rehabilitation instead of the traditional coercive power of Law.  The hypothesis that I will work on is the possibility of Individualization process dispenses the reference of the Alter, i.e. the State as Institution of Law, in the conduct establishment process as well as its control in a social perspective. This movement would be clarified through the contemporary psychoanalysis debate, in its social standards. The present paper will be structured as it follows, always considering a theoretical perspective: 1) The presentation of the modern shame sanction matter; 2) Identification of what kind of relation there is judges of modern and democratic civilizations, decisions and Shame Sanctions 3) Identification of perspective in Post-modern society change  in a psychoanalysis  perspective and 4) Its impact in the comprehension of the dynamic between Law and Society, considering the social generalization of Law through guilt and its individual subjective potential tendency through the Shame.