Check out Martha Nussbaum on shame punishment by Thom Brooks on The Brooks Blog. Here’s a taste:
In her Hiding from Humanity, Martha Nussbaum claims that society should not impose shame punishments. I will argue that she correctly directs our attention to the fact that emotions are integral to any proper understanding of our laws. Her views are not only consistent with current law, but perhaps go further than she realizes. Nussbaum does not endorse the use of shame punishment primarily on the grounds that shaming offenders often amounts to their losing dignity. Yet, her concerns about dignity and insistence that shaming ought never be imputed purely for the sake of humiliating offenders have, in fact, been addressed by the courts in a way which overcomes her important reservations. Thus, her account of law is not only correct to highlight the relationship that exists between emotions and the law; but, in addition, her views are also consistent with the legitimacy of shame punishment in current practice as well. As a result, she need not be opposed to the use of legitimate shame punishment.
More in Brook’s article
Shame on You, Shame on Me? Nussbaum on Shame and Punishment.