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The Passions of Law

The Passions of Law
Author: Susan Bandes
Publisher: NYU Press
Total Pages: 383
Release: 2000
Genre: Law
ISBN: 081471305X

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Scholars of law, theology, political science, and philosophy evaluate the role of emotion in the practice and conception of law and justice. Exploring the part that emotions such as disgust, shame, remorse, the desire for revenge, and love, all play in legal settings, the authors debate the ways that emotion should or should not be used in the decision making processes of judges, lawyers, and juries, and explore the possibility of an emotional hierarchy, and ways to evaluate emotion in sensational cases, such as death sentencing and hate crimes. Annotation copyrighted by Book News, Inc., Portland, OR


The Passions of Law

The Passions of Law
Author: Susan Bandes
Publisher: NYU Press
Total Pages: 383
Release: 2001-05
Genre: Law
ISBN: 0814713068

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This anthology treats the role that emotions play, don't play, and ought to play in the practice and conception of law and justice. The work consists largely of original essays, by scholars of law, theology, political science and philosophy.


Passions of Law

Passions of Law
Author: Susan A. Bandes
Publisher:
Total Pages: 0
Release: 2012
Genre:
ISBN: 9789350351895

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Passions and Emotions

Passions and Emotions
Author: James E. Fleming
Publisher: NYU Press
Total Pages: 350
Release: 2013
Genre: Law
ISBN: 0814760147

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Throughout the history of moral, political, and legal philosophy, many have portrayed passions and emotions as being opposed to reason and good judgment. At the same time, others have defended passions and emotions as tempering reason and enriching judgment, and there is mounting empirical evidence linking emotions to moral judgment. In Passions and Emotions, a group of prominent scholars in philosophy, political science, and law explore three clusters of issues: “Passion & Impartiality: Passions & Emotions in Moral Judgment”; “Passion & Motivation: Passions & Emotions in Democratic Politics”; and “Passion & Dispassion: Passions & Emotions in Legal Interpretation.” This timely, interdisciplinary volume examines many of the theoretical and practical legal, political, and moral issues raised by such questions.


Law and the Passions

Law and the Passions
Author: Julia Shaw
Publisher:
Total Pages: 0
Release: 2019
Genre: Law
ISBN: 9780415631594

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Although the connection of law, passion and emotion has become an established focus in legal scholarship, the extent to which emotion has always been, and continues to be, a significant influence in informing legal reasoning, decision-making, decision-avoidance and legal judgment - rather than an adjunct - is still a matter for critical analysis. Engaging with the underlying social context in which emotional states are a motivational force - and have produced key legal principles and controversial judgments, as evidenced in a range of illustrative legal cases - Law and the Passions: A Discrete History provides a uniquely inclusive commentary on the significance and influence of emotions in the history and continuing development of legal institutions and legal dogma. Law, it is argued, is a passion; and, as such, it is a primarily emotional endeavour.


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.


Dishonorable Passions

Dishonorable Passions
Author: William N. Eskridge
Publisher: Penguin
Total Pages: 536
Release: 2008
Genre: History
ISBN: 9780670018628

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A history of the government's regulation of sexual behavior traces the historical purposes behind the prohibition against sodomy in early America and continues with a discussion of how the law was referenced in different contexts in later years, covering such topics as the McCarthy era, the sexual revolution of the 1960s, and the 2003 Supreme Court decision to decriminalize private sex between consenting adults. 20,000 first printing.


Constitutional Stupidities, Constitutional Tragedies

Constitutional Stupidities, Constitutional Tragedies
Author: William N. Eskridge
Publisher: NYU Press
Total Pages: 297
Release: 1998-06-01
Genre: Political Science
ISBN: 0814722563

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The Constitution is the cornerstone of American government, hailed as one of the greatest contributions of the Western Enlightenment. While many seem content simply to celebrate it, those most familiar with the document invariably find it wanting in at least some aspects. This unique volume brings together many of the country's most esteemed constitutional commentators and invites them to answer two questions: First, what is the stupidest provision of the Constitution? "Stupid" need not mean evil. Thus, a second, related question is whether the scholar-interpreter would be forced to reach truly evil results even if applying his or her own favored theory of constitutional interpretation. The contributors include Lawrence Alexander, Akhil Reed Amar, Jack Balkin, Philip Bobbitt, Gerard Bradley, Rebecca Brown, Steven Calabresi, Lief Carter, Christopher Eisgruber, Lawrence Sager, Marie Failinger, Daniel Farber, James Fleming, Mark Graber, Stephen Griffin, Gary Jacobsohn, Randall Kennedy, Lewis LaRue, Theodore Lowi, Earl Maltz, Michael McConnell, Matthew Michael, Robert Nagel, Daniel Ortiz, Pamela Karlen, Michael Paulsen, Robert Post, Lucas Powe, Dorothy Roberts, Jeffrey Rosen, Frederick Schauer, Michael Seidman, Suzanna Sherry, David Strauss, Laurence Tribe, Mark Tushnet, and John Yoo.


Emotions, Crime and Justice

Emotions, Crime and Justice
Author: Susanne Karstedt
Publisher: Bloomsbury Publishing
Total Pages: 394
Release: 2011-04-01
Genre: Social Science
ISBN: 1847317839

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The return of emotions to debates about crime and criminal justice has been a striking development of recent decades across many jurisdictions. This has been registered in the return of shame to justice procedures, a heightened focus on victims and their emotional needs, fear of crime as a major preoccupation of citizens and politicians, and highly emotionalised public discourses on crime and justice. But how can we best make sense of these developments? Do we need to create "emotionally intelligent" justice systems, or are we messing recklessly with the rational foundations of liberal criminal justice? This volume brings together leading criminologists and sociologists from across the world in a much needed conversation about how to re-calibrate reason and emotion in crime and justice today. The contributions range from the micro-analysis of emotions in violent encounters to the paradoxes and tensions that arise from the emotionalisation of criminal justice in the public sphere. They explore the emotional labour of workers in police and penal institutions, the justice experiences of victims and offenders, and the role of vengeance, forgiveness and regret in the aftermath of violence and conflict resolution. The result is a set of original essays which offer a fresh and timely perspective on problems of crime and justice in contemporary liberal democracies.


Against the Law

Against the Law
Author: Paul F. Campos
Publisher: Duke University Press
Total Pages: 292
Release: 1996
Genre: Law
ISBN: 9780822318415

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A fundamental critique of American law and legal thought, Against the Law consists of a series of essays written from three different perspectives that coalesce into a deep criticism of contemporary legal culture. Paul F. Campos, Pierre Schlag, and Steven D. Smith challenge the conventional representations of the legal system that are articulated and defended by American legal scholars. Unorthodox, irreverent, and provocative, Against the Law demonstrates that for many in the legal community, law has become a kind of substitute religion--an essentially idolatrous practice composed of systematic self-misrepresentation and self-deception. Linked by a persistent inquiry into the nature and identity of "the law," these essays are informed by the conviction that the conventional representations of law, both in law schools and the courts, cannot be taken at face value--that the law, as commonly conceived, makes no sense. The authors argue that the relentlessly normative prescriptions of American legal thinkers are frequently futile and, indeed, often pernicious. They also argue that the failure to recognize the role that authorship must play in the production of legal thought plagues both the teaching and the practice of American law. Ranging from the institutional to the psychological and metaphysical deficiencies of the American legal system, the depth of criticism offered by Against the Law is unprecedented. In a departure from the nearly universal legitimating and reformist tendencies of American legal thought, this book will be of interest not only to the legal academics under attack in the book, but also to sociologists, historians, and social theorists. More particularly, it will engage all the American lawyers who suspect that there is something very wrong with the nature and direction of their profession, law students who anticipate becoming part of that profession, and those readers concerned with the status of the American legal system.