From shame to guilt: negotiating moral and legal responsibility within apologies for historical institutional abuse

Anne-Marie McAlinden*

*Corresponding author for this work

Research output: Contribution to journalArticlepeer-review

3 Citations (Scopus)
181 Downloads (Pure)

Abstract

This article explores the role of apology in addressing moral and legal responsibility for historical institutional abuse (HIA). Drawing on extensive fieldwork in Ireland, North and South, it analyses juridical techniques within official apologies, principally by the Catholic Church, to circumvent legal responsibility for HIA: the use of language; the avoidance of tangible redress; and the preference for offering private apologies. Moving beyond the literature, it highlights a more nuanced range of legal and ideological barriers to sincere apologies: the role of canon law; the role of lawyers; and concerns with multiple audiences. The article argues that traversing the complex moral and legal dimensions of apology entails moving from the general expression of remorse and shaming of the ‘self’ to the specific acceptance of harm to ‘others’ and responsibility for repair. It concludes by reflecting on the core elements of ‘remedial responsibility’, new classifications of apologies and their broader therapeutic value.

Original languageEnglish
Pages (from-to)470-494
Number of pages25
JournalJournal of Law and Society
Volume49
Issue number3
Early online date24 Aug 2022
DOIs
Publication statusPublished - Sept 2022

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