Much of what we could do, we shouldn't--and we don't. Mark Osiel shows that common morality--expressed as shame, outrage, and stigma--is society's first line of defense against transgressions. Social norms can be indefensible, but when they complement the law, they can save us from an alternative that is far worse: a repressive legal regime.
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Much of what we could do, we shouldn't--and we don't. Mark Osiel shows that common morality--expressed as shame, outrage, and stigma--is society's first line of defense against transgressions. Social norms can be indefensible, but when they complement the law, they can save us from an alternative that is far worse: a repressive legal regime.
Read Less