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The uncertainty meant that shaming wasn’t actually a good deterrent.

Kahan, for his part, abandoned shaming for being too partisan: Choosing these punishments means siding with people who care about community values over people who care about individual equality.

To me, reintegrative shaming sounds a lot like restorative justice—the attractive idea that a teenager who shoplifts, for example, should be called to account by apologizing to the storeowner and doing some form of restitution (stacking boxes, maybe).

For a while, the idea of stigmatizing culprits through shame got some play among academics.

When I emailed with Kahan this morning, he said he’d become less interested in shaming because the debate about it had become “nonserious ideological theater.” That has left the academic field largely to critics of shaming like Dan Markel of Florida State University and Martha Nussbaum of the University of Chicago.

Instead, you’re trying to make someone think about what they’ve done wrong, take responsibility for it, and then use that to stitch them back into society. (Serpas hasn’t explained why he didn’t just take that approach again in New Orleans.) In 2004, the U. Court of Appeals for the Ninth Circuit upheld an order of Judge Vaughn Walker—the gay-rights hero!

Earlier this month, New Orleans Police Superintendent Ronal Serpas brought down the wrath of civil libertarians by telling his cops to start putting plate-sized orange stickers on houses that they’d searched for drugs.

The crazy thing about Serpas’ idea was that the cops wouldn’t have to make an arrest or find drugs to smack a sticker on a house—all they’d need was an anonymous tip and a quick investigation of the home.

Last year, in Washington, the legislature considered marking offenders’ license plates with a Z for three years.

The Washington bill seems to have quietly died for now, but the argument for such plates—besides shaming—is that other drivers will learn to recognize the telltale plates and know to take extra care.

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