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Understanding why it may be hard to say sorry

By Douglas A. Berman

As detailed in some of the links below, there has been a lot of interesting recent discussion of the role of apologies in the criminal system.  Consequently, this new paper on SSRN, titled "Saving Face: The Benefits of Not Saying I'm Sorry," is an important addition to how we come to understand and operationalize apologizing in the law.  Here is the abstract: This forthcoming article explores the question of why individuals resist apologizing, even when it is rationally in their best interest to do so -- such as when it would significantly reduce a criminal sentence or settle a civil lawsuit at little or no cost. Drawing on a significant body of research by social psychologists on apology, the article posits that individuals primarily resist apology when it poses an intolerable threat to their face -- or their claimed identity as competent, intelligent, or moral persons...continue to full post

Full post as published by Sentencing Law and Policy on March 06, 2009 (boomark / email).