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Law, Reason, and Emotion

Law, Reason, and Emotion
Author: M. N. S. Sellers
Publisher: Cambridge University Press
Total Pages: 258
Release: 2017-12-28
Genre: Law
ISBN: 1108359736

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This book examines the role and importance of reason and emotion in justice and the law. Eight lawyers and philosophers of law consider law's basis in the universal human need for society, our innate sense of justice, and many other powerful inclinations and emotions, including the desire for fairness and even for law itself. Human beings are deeply social creatures, inspired by social and other emotions, which can ennoble, support, or undermine the law. Law gains legitimacy and effectiveness when reason recognizes and embraces human emotions for the benefit of society as a whole. This volume explores the power and purposes of reason and emotion in the law.


Law, Reason and Emotion

Law, Reason and Emotion
Author: Mortimer Sellers (org.)
Publisher: Initia Via Editora
Total Pages: 887
Release: 2015-12-01
Genre: Law
ISBN: 8595470391

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Volume III: Working Groups


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.


Virtue, Emotion and Imagination in Law and Legal Reasoning

Virtue, Emotion and Imagination in Law and Legal Reasoning
Author: Amalia Amaya
Publisher: Bloomsbury Publishing
Total Pages: 304
Release: 2020-02-06
Genre: Law
ISBN: 1509925155

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What is the role and value of virtue, emotion and imagination in law and legal reasoning? These new essays, by leading scholars of both law and philosophy, offer striking and exploratory answers to this neglected question. The collection takes a holistic approach, inquiring as to the connections and relations between virtue, emotion and imagination. In addition to the principal focus on adjudication, essays in the collection also engage with a variety of different legal, political and moral contexts: eg criminal law sentencing, the Black Lives Matter movement and professional ethics. A number of different areas of the law are addressed (eg criminal law, constitutional law and tort law) and the issues explored include: the benefits and limits of empathy in legal reasoning; the role of attention and perception in judicial reasoning;, the identification of judicial virtues (such as compassion and humility) and judicial vices (such as callousness and partiality); the values and dangers of certain imaginative devices (eg personification); and the interactive and social dimensions of virtue, emotion and imagination.


Virtue, Emotion, and Imagination in Law and Legal Reasoning

Virtue, Emotion, and Imagination in Law and Legal Reasoning
Author: Amalia Amaya
Publisher: Hart Publishing
Total Pages:
Release: 2019
Genre: Emotions (Philosophy)
ISBN: 9781509925162

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"What is the role and value of virtue, emotion and imagination in law and legal reasoning? These new essays, by leading scholars of both law and philosophy, offer striking and exploratory answers to this neglected question. The collection takes a holistic approach, inquiring as to the connections and relations between virtue, emotion and imagination. In addition to the principal focus on adjudication, essays in the collection also engage with a variety of different legal, political and moral contexts: eg criminal law sentencing, the Black Lives Matter movement and professional ethics. A number of different areas of the law are addressed (eg criminal law, constitutional law and tort law) and the issues explored include: the benefits and limits of empathy in legal reasoning; the role of attention and perception in judicial reasoning;, the identification of judicial virtues (such as compassion and humility) and judicial vices (such as callousness and partiality); the values and dangers of certain imaginative devices (eg personification); and the interactive and social dimensions of virtue, emotion and imagination"--


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 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)


Recht fühlen

Recht fühlen
Author: Sigrid G. Köhler
Publisher: Brill Fink
Total Pages: 179
Release: 2017-08-11
Genre: Culture and law
ISBN: 9783770559343

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Lässt sich Recht fühlen? Gibt es normativ gesehen ein richtiges Fühlen? Seit über 200 Jahren dauert eine wissenschaftliche, politische und künstlerische Auseinandersetzung um die Funktion des Gefühls im Recht an. Das Konzept des Rechtsgefühls im engeren Sinne entsteht im 18. Jahrhundert. Es fragt seither nach dem Verhältnis des Menschen zu normativen Ordnungen, nach Verantwortung und Teilhabe und nicht zuletzt nach dem richtigen Urteilen. Der Band folgt diesen historischen und systematischen Suchbewegungen und verbindet sie mit der aktuellen Debatte um "Law and Emotion". Beiträge aus Rechts-, Literatur-, Geschichts- und Kulturwissenschaft erkunden konzeptionelle und funktionale Dimensionen rechtlichen Fühlens: als Teil der Rechtsprechung und Rechtsgenese, als Form politischen und ästhetischen Urteilens und als Modus der Formierung von Subjekt und Gesellschaft. Reflektiert werden so Deutungsmuster und Problemstellungen, welche die historischen und aktuellen Debatten mit erstaunlicher Persistenz überspannen.


Judging and Emotion

Judging and Emotion
Author: SHARYN. MACK ROACH ANLEU (KATHY.)
Publisher:
Total Pages: 224
Release: 2020-10-31
Genre: Emotions
ISBN: 9781138893023

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Judges embody impartial legal authority. They are the nexus between formal abstract law, the legal institution of the court, and the practical tasks of making and communicating decisions. Because emotions are often viewed as inherently irrational, disorderly, impulsive and personal, and therefore inconsistent with the impartiality required for a legitimate exercise of judicial authority, judging is usually understood to be unemotional. This conventional model of judging emphasises reason over feeling and legal rules over emotion. But, despite these powerful expectations of judicial dispassion and detachment, emotions and emotional capacities are inevitably part of judging and courtroom practice. This book addresses the place of emotion in judicial work. Grounded in empirical data - interviews, observations and surveys - it investigates how judicial officers understand, experience, deploy, display and manage emotions as part of their everyday work, especially in court. Building on a growing interest in emotions - in law and elsewhere - the book offers a much-needed empirical examination of the relationship between judging and emotion, as it considers how tensions between the demand for emotional engagement and the obligation of constraint are managed at the level of the individual judicial officer, and institutionally.


The Emotional Dynamics of Law and Legal Discourse

The Emotional Dynamics of Law and Legal Discourse
Author: Heather Conway
Publisher: Bloomsbury Publishing
Total Pages: 320
Release: 2016-12-15
Genre: Law
ISBN: 1509902473

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In his seminal work, Emotional Intelligence, Daniel Goleman suggests that the common view of human intelligence is far too narrow and that emotions play a much greater role in thought, decision-making and individual success than is commonly acknowledged. The importance of emotion to human experience cannot be denied, yet the relationship between law and emotion is one that has largely been ignored until recent years. However, the last two decades have seen a rapidly expanding interest among scholars of all disciplines into the way in which law and the emotions interact, including the law's response to emotion and the extent to which emotions pervade the practice of the law. In The Emotional Dynamics of Law and Legal Discourse a group of leading scholars from both sides of the Atlantic explore these issues across key areas of private law, public law, criminal justice and dispute resolution, illustrating how emotion infuses all areas of legal thought. The collection argues for a more positive view of the role of emotion in the context of legal discourse and demonstrates ways in which the law could, in the words of Goleman, become more emotionally intelligent.