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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.


Emotions, Values, and the Law

Emotions, Values, and the Law
Author: John Deigh
Publisher: Oxford University Press
Total Pages: 264
Release: 2011-10-01
Genre: Philosophy
ISBN: 019045427X

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Emotions, Values, and the Law brings together ten of John Deigh's essays written over the past fifteen years. In the first five essays, Deigh ask questions about the nature of emotions and the relation of evaluative judgment to the intentionality of emotions, and critically examines the cognitivist theories of emotion that have dominated philosophy and psychology over the past thirty years. A central criticism of these theories is that they do not satisfactorily account for the emotions of babies or animals other than human beings. Drawing on this criticism, Deigh develops an alternative theory of the intentionality of emotions on which the education of emotions explains how human emotions, which innately contain no evaluative thought, come to have evaluative judgments as their principal cognitive component. The second group of five essays challenge the idea of the voluntary as essential to understanding moral responsibility, moral commitment, political obligation, and other moral and political phenomena that have traditionally been thought to depend on people's will. Each of these studies focuses on a different aspect of our common moral and political life and shows, contrary to conventional opinion, that it does not depend on voluntary action or the exercise of a will constituted solely by rational thought. Together, the essays in this collection represent an effort to shift our understanding of the phenomena traditionally studied in moral and political philosophy from that of their being products of reason and will, operating independently of feeling and sentiment to that of their being manifestations of the work of emotion. "Deigh's writing is clear and precise, his arguments are strong, and he uses a wide range of real world examples that give his essays a vibrant and very readable character." - Notre Dame Philosophical Reviews "I believe that Deigh is as clear-headed and insightful a philosopher as is currently at work today in the areas of moral, political, and legal philosophy and moral psychology, and I believe these essays beautifully demonstrate his many virtues." - Herbert Morris, University of California, Low Angeles Law School "[John Deigh] has acquired a very good knowledge of a field which he has very much made his own. No one writes better or thinks more productively on that area of thought where the theory of the emotions, psychoanalysis, value theory, and the theory of law intersect. And if we closely connect the name Deigh with this particular concatenation of topics, I believe that very soon there will be a number of voices clamoring to be heard in this area." - Richard Wollheim, University of California, Berkeley


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.


Affective Justice

Affective Justice
Author: Kamari Maxine Clarke
Publisher: Duke University Press
Total Pages: 212
Release: 2019-11-15
Genre: History
ISBN: 1478007389

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Since its inception in 2001, the International Criminal Court (ICC) has been met with resistance by various African states and their leaders, who see the court as a new iteration of colonial violence and control. In Affective Justice Kamari Maxine Clarke explores the African Union's pushback against the ICC in order to theorize affect's role in shaping forms of justice in the contemporary period. Drawing on fieldwork in The Hague, the African Union in Addis Ababa, sites of postelection violence in Kenya, and Boko Haram's circuits in Northern Nigeria, Clarke formulates the concept of affective justice—an emotional response to competing interpretations of justice—to trace how affect becomes manifest in judicial practices. By detailing the effects of the ICC’s all-African indictments, she outlines how affective responses to these call into question the "objectivity" of the ICC’s mission to protect those victimized by violence and prosecute perpetrators of those crimes. In analyzing the effects of such cases, Clarke provides a fuller theorization of how people articulate what justice is and the mechanisms through which they do so.


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.


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.


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.