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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: 272
Release: 2021-02-11
Genre: Law
ISBN: 1509934308

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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.


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.


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.


Guilt

Guilt
Author: Herant Katchadourian
Publisher: Stanford University Press
Total Pages: 392
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.


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.


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.


Research Handbook on Law and Emotion

Research Handbook on Law and Emotion
Author: Susan A. Bandes
Publisher: Edward Elgar Publishing
Total Pages: 640
Release: 2021-04-30
Genre: Law
ISBN: 1788119088

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This illuminating Research Handbook analyses the role that emotions play and ought to play in legal reasoning and practice, rejecting the simplistic distinction between reason and emotion.


The Emotions

The Emotions
Author: Rom Harre
Publisher: SAGE
Total Pages: 337
Release: 1996-06-27
Genre: Psychology
ISBN: 1446265803

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`There is much that is fascinating here. Long-established experiments and conclusions are rubbished and reinterpreted, long-established assumptions and beliefs about emotions are soundly trounced, and generally a good going-over is delivered to the whole field... it is such a blockbuster that one can only reel backwards and tell anyone studying the subject that they would be crazy not to get it′ - Self & Society This fascinating book overviews the psychology of the emotions in its broadest sense, tracing historical, social, cultural and biological themes and analyses. The contributors - some of the leading figures in the field - produce a new theoretical synthesis by drawing together these strands. From the standpoint of the function of the emotions in everyday life, the authors focus on: the discursive role played by the emotions in expressing judgements about, attitudes to and contrition for actions done by the self and others, and how certain emotions - such as guilt, shame, embarrassment, chagrin and regret - seem to play a role in social control; the variation and diversity in emotion, which provides scope for exploring how patterns of emotion contrast in different societies, across gender lines, at different historical times, and between children and adults; and the way in which the body is shaped and its functions influenced by culturally maintained patterns of emotion displays.