Remorse is a powerful, important and yet academically neglected emotion. This book, one of the very few extended examinations of remorse, draws on psychology, law and philosophy to present a unique interdisciplinary study of this intriguing emotion. The psychological chapters examine the fundamental nature of remorse, its interpersonal effects, and its relationship with regret, guilt and shame. A practical focus is also provided in an examination of the place of remorse in psychotherapeutic interventions with criminal offenders. The book's jurisprudential chapters explore the problem of how offender remorse is proved in court and the contentious issues concerning the effect that remorse - and its absence - should have on sentencing criminal offenders. The legal and psychological perspectives are then interwoven in a discussion of the role of remorse in restorative justice. In Remorse: Psychological and Jurisprudential Perspectives, Proeve and Tudor bring together insights of neighbouring disciplines to advance our understanding of remorse. It will be of interest to theoreticians in psychology, law and philosophy, and will be of benefit to practising psychologists and lawyers.
Table of Contents
Contents: Preface; Introduction; Scenes and stories of remorse; Analysing remorse; a philosophical approach; Remorse and related emotions: a psychological approach; The interpersonal effects of remorse; Proving remorse; Remorse as a mitigating factor in sentencing; Absence of remorse as an aggravating factor in sentencing; Moral emotions and psychological interventions with offenders; Remorse and restorative justice conferencing; Looking forwards with a backwards-looking emotion; Appendices; References; Index.
Dr Michael Proeve, formerly of University of South Australia. His research interests include forensic psychology and the psychological treatment of offenders. Dr Proeve has extensive experience in clinical psychological practice, particularly in the forensic and correctional contexts. He was formerly the Director of the Sex Offender Treatment and Assessment Program, Adelaide, South Australia. He is a member of the Australian Psychological Society. Dr Steven Tudor is a Lecturer in the School of Law, La Trobe University, Australia. His research interests include jurisprudence, criminal procedure and criminal justice. Prior to becoming a full-time academic, Dr Tudor worked in policy advice for the Victorian Department of Justice, practised at the Victorian Bar and served as a judge's associate in the Supreme Court of Victoria and the Federal Court of Australia.
'This is a really welcome book. Remorse is important in mental health and criminal justice contexts and in everyday life but has rarely received the comprehensive analysis required. The authors demonstrate their wide-ranging expertise in addressing psychological, philosophical, legal and cultural aspects. A gem. Highly recommended.' Kevin Howells, University of Nottingham, UK 'A subtle and insightful account of remorse and its role in sentencing, arguing persuasively that remorse should be recognised as a mitigating factor, but that its absence should not count as an aggravating factor. Important reading for moral philosophers as well as for anyone interested in criminal punishment and sentencing.' Antony Duff, University of Stirling, UK '... I was stimulated by this book enough to recommend it to readers with the leisure to consider the topic. It will be time well spent.' Yale Journal for Humanities in Medicine 'The subject matter of Remorse is important for both psychology and law. Proeve and Tudor's treatment of it is thought provoking, well researched, and original...' Psychiatry, Psychology and Law 'The book is comprehensive of its subject matter, exceptionally well researched by reference to very extensive source material, attractively formatted and constructed and its contents flow sequentially toward a well- argued set of conclusions. It is therefore a remarkable academic piece.' Medicine, Science and the Law