Shame sanctions and excessive CEO pay

The debate over excessive CEO compensation has roiled scholars,corporations, and the government for some time. This article suggests that there is an alternate way of attacking the problem of excessive executive pay—one that sidesteps the law and instead appeals to executives' emotions. Shame sanctions, as they are called, offer a nonlegal route to curbing exorbitant CEO compensation. This article argues that increased disclosure of executives' compensation agreements will trigger emotions like shame, guilt and embarrassment by corporations and executives. This in turn has the potential to influence financial behavior and cause corporations to be more likely to heed the concerns of the public and shareholders vis-à-vis executive pay.

Towards a "non-didactic didacticism" of the sociopolitical: assemblages and the event in surface tension and shame

To write sociopolitical fiction is to be caught in an odd double bind. The term itself, ‘sociopolitical’ (hyphenated or not), implies an ‘assemblage’, and the terms it combines—‘the social’ and ‘the political’—each suggest complex, worldly assemblages. However, the more the writer attempts to express the assembled complexity of the sociopolitical domain, the more he/she feels a tug in the other direction: towards the version of ideas that might best explain the sociopolitical world and motivate political action. This article engages with the aesthetic and political challenges that arise in writing within a genre in which, to some extent at least, a moral content is desired by readers as an explanation for sociopolitical issues, only to be resisted when, as it often does, it becomes didactic. Co-author Cathryn Perazzo’s sociopolitical novel-in-progress, Surface Tension, is, we suggest, a laboratory of an assemblage in action. In it, we test and elaborate our hypothesis of the ‘assembled idea’ or ‘assembled morality’ of the sociopolitical novel. We conclude with a look at a published short story, ‘Shameʼ, by co-author Patrick West, which similarly deals with the sociopolitical, with how ‘non-didactic didacticisms’ might be germinated, and, most explicitly, with the ‘event’, following Deleuze’s use of this term.

Indelible shame? News reporting of non-convictions in digital space

This paper examines the role of media in publicising the names of people who receive a non-conviction for a minor crime. It positions the news media’s ability to “name and shame” people who appear before the courts as a powerful cultural practice, rather than adopt a widely celebrated Fourth Estate view of the press as a watchdog on the judicial process. The research draws on interviews conducted in two regional centres of Victoria, Australia, with those involved in news coverage of very minor crimes where non-convictions were imposed. Their spoken words reveal a range of tensions linked to reporting non-convictions in the digital age. In the eyes of the law, a non-conviction means that an offender has an opportunity to rehabilitate away from the public gaze. However, the news media ‘s ability to name such offenders online has the potential to impose a lasting “mark of shame” in digital space that can prevent them gaining employment or housing, and damage their social standing and relationships. We live in a media-saturated culture in which the vast majority of people rely on news media for information about judicial proceedings and in turn, the news media constructs public understanding of the law through the way it represents crime and court processes. This paper argues that traditional understanding of the nexus between the judicial system and the Fourth Estate fails to acknowledge the news media’s considerable power outside the officially recognised operation of the open justice relationship, and that this deserves attention in the digital age

Expressions of shame in investigative interviews with Australian Aboriginal children

This study inspected a sample of 70 interview transcripts with Australian Aboriginal children to gain a sense of how frequently verbal shame responses were occurring in investigative interviews regarding alleged sexual abuse. Transcripts were examined to determine how children articulated shame, how interviewers reacted to these responses, and how shame related to children's accounts. Examination of frequencies revealed that verbal shame responses occurred in just over one-quarter of the interviews. One-way analyses of variance indicated that children who expressed shame within the interview spoke the same amount as children who did not express shame, however, they required more interviewer prompts before a disclosure was made. Interviews where children expressed shame also included a greater number of interviewer reminders compared to interviews without shame responses. Results emphasize the importance of interviewer awareness of shame, and also point to the value of reassurance, patience, and persistence with non-leading narrative prompting when interviewing children who express shame during discussions of sexual abuse.

Philosophy’s shame: reflections on an ambivalent/ambiviolent relationship with science

In this paper, I take inspiration from some themes in Ann Murphy’s recent book, Violence and the Philosophical Imaginary, especially her argument that philosophy’s identity and relation to itself depends on an intimate relationship with that which is designated as not itself (e.g. other academic disciplines and non-philosophy in general), the latter of which is a potential source of shame that calls for some form of response. I argue that this shame is particularly acute in regard to the natural sciences, which have gone on in various ways to distance themselves from their progenitor discipline and to achieve both agreement and technical progress in a way that could never be said of philosophy. I trace out some of the reactions to this shame that have dominated in the twentieth century and been a factor in the so-called analytic-continental ‘divide’. The options here are many and varied, but they range from cannibalism (philosophy as queen of the sciences, thus conferring some of the prestige of science upon the philosophy, which alone can unite or ground the various ontic sciences), scientific naturalism (the philosopher defers to the sciences, and most forms of meta-philosophy are rejected as an outmoded remnant of first philosophy), or some kind of irenic separatism about methods or domains such that science and philosophy do not encroach upon the territory of each other. My aims here are mainly diagnostic, but I will indicate where I think that certain responses to this shame are unproductive and unhelpful, with divergent weaknesses associated with the traditions that have come to be labelled ‘analytic’ and ‘continental’ respectively. My tacit suggestion, then, is that philosophy needs to become post-analytic and meta-continental, but I will also briefly criticize some recent efforts to do precisely this in what is sometimes called the ‘scientific turn’ in contemporary continental (or post-continental) philosophy.

Re Alex: adolescent gender identity disorder and the family court of Australia

'People with gender identity disorder live with a conviction that their physical anatomy is incompatible with their true gender role. They have an overwhelming desire to live and function in the opposite biological sex' . The manifestation of the disorder in children and adolescents is dominated by secrecy, confusion and shame. The purpose of this article is to promote discussion amongst the legal fraternity of the difficult issues confronting the Family Court of Australia when asked to make decisions with life-altering ramifications for the young and vulnerable.

They went home: racialised spaces in contemporary picture books

This paper discusses Michel de Certeau’s theories of spatialised power and of resistance, especially his characterisation of what he describes as ‘tactics’ by which marginalised groups resist the strategies by which those in power gain and maintain control, in relation to a group of settler society picture books: Edna Tantjingu Williams, Eileen Wani Wingfield and Kunyi June-Anne McInerney’s Down the hole (2000); the Papunya School Book of Country and History (2001); Chiori Santiago and Judith Lowry’s Home to Medicine Mountain (1998); George Littlechild’s This Land Is My Land (1993); and Allen Say’s Home of the Brave (2002). These texts thematise colonial and assimilationist policies in Australia, Canada and the United States which required that racialised groups of children should be removed from their homes and families and placed in institutions. I argue that the first four of these texts position child readers both to understand the dislocation and pain caused by government policies such as those which enforced the removal of the Stolen Generation in Australia, and to appreciate the tactics of resistance by which children evaded or subverted institutional power. Home of the Brave deploys the symbolism of an adult’s journey into the past to show how strategies of repression serve to protect individuals and nations from shame and guilt, and demonstrates the transformative effects which result when the past is scrutinized.

"Your job no longer exists!" from experiences of alienation to expectations of resilience - a phenomenological study

We have entered the age of the contingent or temporary worker, the consultant and the subcontractor. Workers are expected to be pliable and tractable; to “fit in.” Being made redundant is also an area where modern workers are expected to be flexible and resilient. However, when these so-called “flexible” workers are told their job no longer exists, the accompanying sense of rejection and alienation can be excruciating. Stories of being made redundant were collected during an exploratory, qualitative study, using Heideggerian phenomenology as the methodological vehicle to capture the lived experiences of those affected. Focused, in-depth interviews were conducted with the ten respondents; nine men and one woman. The stories shared suggest that being made redundant is an alienating experience with respondents sharing feelings of powerlessness, shock, betrayal, shame and social isolation. Unfortunately, those having experienced redundancy were also not as resilient as is routinely assumed. They did not “bounce back” unchanged, but reported significant negative outcomes including fear for the future, underemployment, family disruptions and an erosion of trust. Recommendations are made orienting organisations towards a more human process of redundancy.

A qualitative examination of the experience of 'depression' in hospitalized medically ill patients

Background: Research into depression in the medically ill has progressed without sufficient attention being given to the validity, in this group, of the taxonomic categories. We aimed to describe, using qualitative interviews, the experience of 'being depressed', separating experiences that are unique to depression from experiences that are common to being ill and in hospital.
Method: Forty-nine patients hospitalized for medical illness underwent a 30-min interview in which they were asked to 'Describe how you have been unwell and, in particular, how that has made you feel.' From the transcripts, a 'folk' taxonomy was constructed using a phenomenological framework involving four steps: frame elicitation to identify the important themes, componential analysis to systematically cluster the attributes into domains, a comparison of the experiences of patients screening depressed and  not-depressed, and a theoretical analysis comparing the resulting taxonomy with currently used theoretical constructs.
Results: Experiences common to all patients were being in hospital, being ill or in pain, adjusting to not being able to do things, and having time to think. In addition, all participants described being depressed, down or sad. Patients who were identified by screening as being depressed described unique experiences of depression, which included 'having to think about things' (a forceful intrusive thinking), 'not being able to sleep', 'having to rely on others', 'being a burden' to others (with associated shame and guilt), feelings of 'not getting better' and 'feeling like giving up'. Theoretical analysis suggested that this experience of depression fitted well with the concept of demoralization described by Jerome Frank.
Conclusions: Demoralization, which involves feelings of being unable to cope, helplessness, hopelessness and diminished personal esteem, characterizes much of the depression seen in hospitalized medically ill patients

Procedural justice and affect intensity : understanding reactions to regulatory authorities

Why is it that some people respond in a more negative way to procedural injustice than do others, and why is it that some people go on to defy authority while others in the same situation do not? Personality theorists suggest that the psychological effect of a situation depends on how a person interprets the situation and that such differences in interpretation can vary as a function of individual difference factors. For example, affect intensity—one’s predisposition to react more or less emotionally to an event—is one such individual difference factor that has been shown to influence people’s reactions to events. Cross-sectional survey data collected from (a) 652 tax offenders who have been through a serious law enforcement experience (Study 1), and (b) 672 citizens with recent personal contact with a police officer (Study 2), showed that individual differences in ‘affect intensity’ moderate the effect of procedural justice on both affective reactions and compliance behavior. Specifically, perceptions of procedural justice had a greater effect in reducing anger and reports of non-compliance among those lower in affect intensity than those higher in affect intensity. Both methodological and theoretical explanations are offered to explain the results, including the suggestion that emotions of shame may play a role in the observed interaction.

Promoting forgiveness in violent offenders: A more positive approach to offender rehabilitation?

In this paper we suggest that the effectiveness of many offender rehabilitation programs may be further enhanced by the inclusion of interventions that build on existing motivation to change. Taking the example of anger management interventions delivered within the context of violent offender rehabilitation, we propose that the emphasis on positive personal change implicit in therapies designed to promote forgiveness may hold some promise. Such therapies may be useful in so far as they facilitate the development of perspective-taking skills, and assist in the therapeutic management of shame and guilt in ways that are likely to be engaging for violent offenders.

Processes for disciplining nurses for unprofessional conduct of a serious nature : a critique

Aims: This paper critiques the deliberative processes used by the discipline panels of an Australian statutory nurse regulating authority when appraising the alleged unprofessional conduct of nurses and determining appropriate remedies.

Background: Little is known about the nature and effectiveness of the deliberative processes used by nurse regulating authorities (NRAs) disciplinary panels established to appraise and make determinations in response to allegations of unprofessional conduct by nurses.

Methods: A qualitative exploratory descriptive/pragmatic research approach was used. Data were obtained from two case-orientated sampling units: (1) 84 Reasons for Determination made between 1994 and 2000 and (2) a purposeful sample of 12 former and current nurse regulating authority members, nurse regulating authority staff and a nurse regulating authority representative who had experience of disciplinary proceedings and/or who had served on a formal hearing panel. Data were analysed using content and thematic analysis strategies.

Results: Attitudinal considerations (e.g. whether a nurse understood the 'wrongness' of his or her conduct; accepted responsibility for his or her conduct; exhibited contrition/shame during the hearing; was candid in his or her demeanour) emerged as the singularly most significant factor influencing discipline panel determinations. Disciplinary action is taken appropriately against nurses who have committed acts of deliberate malfeasance. NRAs may not, however, be dealing appropriately with nurses when disciplining them for making honest mistakes/genuine practice errors.

Conclusion: Traditional processes used for appraising and disciplining nurses who have made honest mistakes in the course of their work need to be substantially modified as they are at odds with the models of human error management that are currently being advocated and adopted globally to improve patient safety and quality of care in health care domains.

Lived experience of gay men caring for others with HIV/AIDS : living, loving and dying in the era of HIV/AIDS

This thesis explored gay male carers’ experience of caring for their partner, brother or friend who had HIV/AIDS. Through using phenomenological methodology (van Manen, 1990), the day-to-day caring experiences were uncovered. The data gathered were then analysed through a nursing ‘lens’, with the concept of stigma as an anchoring point. The dual stigmas of homophobia and AIDS phobia impacted on the daily lives of these men as they cared for their loved one. The research identified six themes. These were: 1) the relationship; 2) coping with HIV and AIDS; 3) the corporal impact of HIV/AIDS; 4) experiences of carers including the absence of others; 5) living daily with the virus: Demands of people living with HIV/AIDS (PLWHA); and 6) saying goodbye, but wanting to keep the memory alive. The caring these men undertook, for which they were frequently unprepared, was intensive and complex, but because of their commitment and love they battled on. Because of a sense of shame associated with AIDS phobia on the part of the PLWHA, the carer often had to undertake this care in isolation, without support from family, friends or home health care agencies. The carers struggled with not only the demands of day-to-day care, but also with non-acceptance from family, both of the nature of the relationship with their partner and of their homosexuality. Family members were forced, often with great difficulty, to acknowledge the close commitment the men had to each other. Recognition that one had a terminal disease, HIV/AIDS was also required. The fear of potential transmission was high among carers, friends and family members. Notably, there was an absence of blame on the part of the carer towards his partner for contracting HIV/AIDS. The physical decline and marking of the body further stigmatised the PLWHA, which added to carers’ burdens. They endeavoured to minimise the physical decline in their partner, so he could continue to pass as healthy, and attempted to make the day-to-day living as normal as possible. The methods of combating weight loss and opportunistic infections meant frequent medical appointments, complex intensive medical procedures and help with personal care, which was undertaken at home largely without support from health care staff. Carers frequently struggled also with their partner’s denial of being ill. One strategy all carers used was to escape with their partners from their everyday life in Melbourne and attempt metaphorically to leave the HIV/AIDS behind; this was a time when they could rekindle their life together as it was before HIV/AIDS came into their lives. Some carers chose to holiday without their partner, to give themselves a break from the day-to-day caring, while others planned and took holidays with their partner. The decline of the health in the PLWHA meant that family members had to recognise and accept both the nature of the relationship and the presence of the disease. This recognition and acceptance often came only when the partner was very ill, even at the point of dying. Carers and their partners discussed the potential use of euthanasia, as a means of ending the final phase of life with some dignity. One carer and his partner used euthanasia, despite its illegal status. The main concern for all carers was providing comfort and a reduction in the pain associated with HIV/AIDS for the partner. The widespread grief associated with HIV/AIDS was evident amongst these carers. All had known other gay men who had died, some carers own partner had died, or was about to die. There was an overwhelming sense of grief, which at times was repressed as a means of coping day-to-day. All carers felt it was important and necessary to remember those lost to HIV/AIDS through the various public memorials, as they did not want their partner to be just another faceless person lost to this disease. This phenomenological study of carers’ experience highlights the need for health care workers to be aware of the differing strategies that gay men use to cope with HIV/AIDS. While it may seem that the carers are coping with care of their partner, the outer façade is not always an accurate portrayal of the true situation. Health care workers should enquire as to the assistance these carers need from health care services in order to continue to care for their loved one. Such assistance can be the simple recognition of the partner and acceptance of them as part of the PLWHA’s network; this inclusion and acceptance is half the battle.