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Emotions and Culpability

Emotions and Culpability
Author: Norman J. Finkel
Publisher: Amer Psychological Assn
Total Pages: 312
Release: 2006
Genre: Law
ISBN: 9781591474166

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"This book investigates why, when, and how ordinary human beings hold some individuals guilty of crimes, but others less so or not at all. Why, for example, do the emotions of the accused sometimes aggravate a murder, making it a heinous crime, whereas other emotions might mitigate that murder to manslaughter, excuse a killing ("by reason of insanity"), or even justify it ("by reason of self-defense")? And what emotions on the part of jurors come into play as they arrive at their decisions? The authors argue persuasively that U.S. law is out of touch with the way that jurors' "commonsense justice" works and the way they judge culpability. This disconnect has resulted in some inconsistent verdicts across different types of cases and thus has serious implications for whether the law will be respected and obeyed. Problems arise because criminal law has no unified theory of emotion and culpability, and legal scholars often seem to misunderstand or ignore what psychologists know about emotion. The authors skillfully show that the law's culpability theories are (and must be) psychological at heart, and they propose ways in which psychology can help inform and support the law. Throughout, the authors deftly weave examples from real-life high profile cases such as those of John Lee Malvo, Andrea Yates, and Bernard Goetz, as well as--unexpectedly--illuminating examples from the psychologically sophisticated tragedies of Shakespeare"--Jacket. (PsycINFO Database Record (c) 2007 APA, all rights reserved)


Responsibility, Character, and the Emotions

Responsibility, Character, and the Emotions
Author: Ferdinand David Schoeman
Publisher: Cambridge University Press
Total Pages: 370
Release: 1987
Genre: Philosophy
ISBN: 9780521339513

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An examination of the responsibility individuals have for their actions and characters.


The Emotional Brain and the Guilty Mind

The Emotional Brain and the Guilty Mind
Author: Federica Coppola
Publisher: Bloomsbury Publishing
Total Pages: 304
Release: 2021-02-11
Genre: Law
ISBN: 1509934316

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This book seeks to reframe the normative narrative of the 'culpable person' in American criminal law through a more humanising lens. It embraces such a reframed narrative to revise the criteria of the current voluntarist architecture of culpability and to advance a paradigm of punishment that positions social rehabilitation as its core principle. The book constructs this narrative by considering behavioural and neuroscientific insights into the functions of emotions, and socio-environmental factors within moral behaviour in social settings. Hence, it suggests culpability notions that reflect a more contextualised view of human conduct, and argues that such revised notions are better suited to the principle of personal guilt. Furthermore, it suggests a model of 'punishment' that values the dynamic power of change of individuals, and acknowledges the importance of social relationships and positive environments to foster patterns of social (re)integration. Ultimately, this book argues that the potential adoption of the proposed models of culpability and punishment, which view people through a more comprehensive lens, may be a key factor for turning criminal justice into a less punitive, more inclusionary and non-stigmatising system.


Emotion, Character, and Responsibility

Emotion, Character, and Responsibility
Author: John Sabini
Publisher: Oxford University Press
Total Pages: 186
Release: 1998-09-10
Genre: Psychology
ISBN: 019535284X

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In their new book, Emotion, Character, and Responsibility, John Sabini and Maury Silver examine a conflict in the way that psychologists, philosophers, and ordinary people think about character. Most of us share an intuition that emotions are central to who we are and the characters we have, even though emotions are unchosen. Yet we also share the intuition that action, choice, and responsibility are what count about our characters. This book deals with this conflict by exploring the relations between the chosen and unchosen, moral and nonmoral, in sincerity, loyalty, sympathy, shame, guilt, and embarrassment as they affect our characters. The conflict is resolved by finding an aesthetic as well as moral basis of character. Along the way the authors consider questions such as can one truly avow ones feelings and still be insincere? What, if anything, is lacking in the Star Trek character Mr. Spock? Why is loyalty toward particular people and not people in general a duty? Is it a good idea for guilt to replace shame? How can we describe genuine self-deception without relying on unconscious knowledge? The book ends with the radical proposal that some of the emotions do not exist, at least not in the way that motives exist. We will not find them on any present or future brain scan. And yet, the authors argue, emotions matter.


Remorse

Remorse
Author: Michael Proeve
Publisher: Routledge
Total Pages: 264
Release: 2016-04-08
Genre: Social Science
ISBN: 1317066642

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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.


Shame and Guilt

Shame and Guilt
Author: June Price Tangney
Publisher: Guilford Press
Total Pages: 292
Release: 2003-11-01
Genre: Psychology
ISBN: 9781572309876

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This volume reports on the growing body of knowledge on shame and guilt, integrating findings from the authors' original research program with other data emerging from social, clinical, personality, and developmental psychology. Evidence is presented to demonstrate that these universally experienced affective phenomena have significant implications for many aspects of human functioning, with particular relevance for interpersonal relationships. --From publisher's description.


Emotions in International Politics

Emotions in International Politics
Author: Yohan Ariffin
Publisher: Cambridge University Press
Total Pages: 433
Release: 2016-01-11
Genre: Political Science
ISBN: 1107113857

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This book investigates collective emotions in international politics, with examples from 9/11 and World War II to the Rwandan genocide.


Shame, Blame, and Culpability

Shame, Blame, and Culpability
Author: Judith Rowbotham
Publisher: Routledge
Total Pages: 342
Release: 2013-06-03
Genre: History
ISBN: 1136275452

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This ground-breaking collection of research-based chapters addresses the themes of shame, blame and culpability in their historical perspective in the broad area of crime, violence and the modern state, drawing on less familiar territories such as Russia and Greece, not just on material from familiar locations in western Europe. Ranging from the early modern to the late twentieth century, the collection has implications for how we understand punishments imposed by states or the community today. Shame, blame and culpability is divided into three sections, with a crucial case study part complementing two theoretical parts on shame, and on blame and culpability; exploring the continuance of shaming strategies and examining their interaction with and challenge to 'modern' state-sponsored blaming mechanisms, including allocations of culpability. The collection includes chapters on the deviant body, capital punishment and, of particular interest, Russian case studies, which demonstrate the extent to which the Russian, like the Greek, experience need to be seen as part of a wider European whole when examining ideas and themes. The volume challenges ideas that shame strategies were largely eradicated in post-Enlightenment western states and societies; showing their survival into the twentieth century as a challenge to state dominance over identification of what constituted 'crime' and also over punishment practices. Shame, blame and culpability will be a key text for students and academics in the fields of criminology and crime, gender or European history.


Guilt

Guilt
Author: Herant Katchadourian
Publisher: Stanford University Press
Total Pages: 404
Release: 2011-07-06
Genre: Philosophy
ISBN: 0804778434

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This is the first study of guilt from a wide variety of perspectives: psychology, psychiatry, psychoanalysis, evolutionary psychology, anthropology, six major religions, four key moral philosophers, and the law. Katchadourian explores the ways in which guilt functions within individual lives and intimate relationships, looking at behaviors that typically induce guilt in both historical and modern contexts. He examines how the capacity for moral judgments develops within individuals and through evolutionary processes. He then turns to the socio-cultural aspects of guilt and addresses society's attempts to come to terms with guilt as culpability through the legal process. This personal work draws from, and integrates, material from extensive primary and secondary literature. Through the extensive use of literary and personal accounts, it provides an intimate picture of what it is like to experience this universal emotion. Written in clear and engaging prose, with a touch of humor, Guilt should appeal to a wide audience.


Emotions

Emotions
Author: Robert C. Roberts
Publisher: Cambridge University Press
Total Pages: 372
Release: 2003-03-13
Genre: Philosophy
ISBN: 9780521525848

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Life, on a day to day basis, is a sequence of emotional states: hope, disappointment, irritation, anger, affection, envy, pride, embarrassment, joy, sadness and many more. We know intuitively that these states express deep things about our character and our view of the world. But what are emotions and why are they so important to us? In one of the most extensive investigations of the emotions ever published, Robert Roberts develops a novel conception of what emotions are and then applies it to a large range of types of emotion and related phenomena. In so doing he lays the foundations for a deeper understanding of our evaluative judgments, our actions, our personal relationships and our fundamental well-being. Aimed principally at philosophers and psychologists, this book will certainly be accessible to readers in other disciplines such as religion and anthropology.