Affective Legal Analysis
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Affective Legal Analysis
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Author : Frank Fleerackers
language : en
Publisher: Duncker & Humblot
Release Date : 2019
Affective Legal Analysis written by Frank Fleerackers and has been published by Duncker & Humblot this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Law categories.
Indeed, if the legal field is to be understood as instrumental to democracy's cohabitation of individuals, research on dispute resolution remains pre-eminent as a means to understand how individual views differ and how different views can be overcome. As a central part of conflict analysis, such research would assist an interdisciplinary quest for a dynamic understanding of democracy and law. It would focus on how different individuals with different conceptions of the good can live together in their community, in their world. Scientific research in the fields of communication, economics, psychology, history, political theory and philosophy, to name but a few, would side with legal theory in a shared ambition to analyze the way individuals are affected by their views as well as by their institutions, in order to provide society with a dynamic means to solve conflicts and enhance citizenship or legal awareness. Such research necessarily coincides with empathy-oriented education, directed towards an understanding of different conflict positions and the related comprehensive or non-comprehensive views affecting them. An affective education, analyzing all affective mechanisms of societal or interpersonal disputes and their legal or alternative resolution. A clinical education, offering an interactive simulation with regard to these positions and their affective impact, demonstrating how individual views continuously affect the positions taken, how disputes are affected by the legal or other institutions that attempt to solve them, and how the effectiveness of legal or other solutions to the conflict at hand depends on a practice of affective legal analysis. Thus legal and civic education, by way of affective narration and clinical simulation, join affective legal analysis in its endeavor to provide society with a similarly affective and non-rationalizing approach of legal awareness.
Judging And Emotion
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Author : Sharyn Roach Anleu
language : en
Publisher: Routledge
Release Date : 2021-02-03
Judging And Emotion written by Sharyn Roach Anleu and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-03 with Law categories.
Judging and Emotion investigates how judicial officers understand, experience, display, manage and deploy emotions in their everyday work, in light of their fundamental commitment to impartiality. Judging and Emotion challenges the conventional assumption that emotion is inherently unpredictable, stressful or a personal quality inconsistent with impartiality. Extensive empirical research with Australian judicial officers demonstrates the ways emotion, emotional capacities and emotion work are integral to judicial practice. Judging and Emotion articulates a broader conception of emotion, as a social practice emerging from interaction, and demonstrates how judicial officers undertake emotion work and use emotion as a resource to achieve impartiality. A key insight is that institutional requirements, including conceptions of impartiality as dispassion, do not completely determine the emotion dimensions of judicial work. Through their everyday work, judicial officers construct and maintain the boundaries of an impartial judicial role which necessarily incorporates emotion and emotion work. Building on a growing interest in emotion in law and social sciences, this book will be of considerable importance to socio-legal scholars, sociologists, the judiciary, legal practitioners and all users of the courts.
Affect And Legal Education
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Author : Caroline Maughan
language : en
Publisher: Routledge
Release Date : 2016-03-23
Affect And Legal Education written by Caroline Maughan and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-23 with Law categories.
The place of emotion in legal education is rarely discussed or analysed, and we do not have to seek far for the reasons. The difficulty of interdisciplinary research, the technicisation of legal education itself, the view that affect is irrational and antithetical to core western ideals of rationality - all this has made the subject of emotion in legal education invisible. Yet the educational literature on emotion proves how essential it is to student learning and to the professional lives of teachers. This text, the first full-length book study of the subject, seeks to make emotion a central topic of research for legal educators, and restore the power of emotion in our teaching and learning. Part 1 focuses on the contribution that neuroscience can make to legal learning, a theme that is carried through other chapters in the book. Part 2 explores the role of emotion in the working lives of academics and clinical staff, while Part 3 analyses the ways in which emotion can be used in learning and teaching. The book, interdisciplinary and wide-ranging in its reference, breaks new ground in its analysis of the educational lifeworld of situations, communities, actors and interactions in legal education.
The Emotional Dynamics Of Law And Legal Discourse
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Author : Heather Conway
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-12-15
The Emotional Dynamics Of Law And Legal Discourse written by Heather Conway and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-15 with Law categories.
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.
Emotions In The Law School
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Author : Emma Jones
language : en
Publisher: Routledge
Release Date : 2019-08-23
Emotions In The Law School written by Emma Jones and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-23 with Law categories.
Law schools are failing both their staff and students by requiring them to prize reason and rationality and to suppress or ignore emotions. Despite innovations in terms of both content and teaching techniques, there is little evidence that emotions are effectively acknowledged or utilised within legal education. Instead law schools are clinging to an out-dated and erroneous perception of emotions as at best, irrational, and at worst dangerous. In contrast to this, educational and scientific developments have demonstrated that emotions are a fundamental, inescapable part of learning, teaching and skills development. Harnessing these emotions will therefore have a transformative effect on legal education and enable it to adapt to the needs and demands of the twenty-first century. This book provides a theoretical overview of the role played by emotions in all aspects of the life of the law school. It explores the relationship emotions have with key traditional and contemporary approaches to legal education, the ways in which emotions can be conceptualised, their interaction with the politics and policies of legal education and their role within teaching and learning. The book also considers the importance of emotional wellbeing for both law students and legal academics Overall, this book argues for a more holistic form of legal education in which emotions play a valuable (and valued) role. This requires a new vision for law schools, in which emotions are acknowledged and embedded at all levels, institutional and personal.
Professional Emotions In Court
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Author : Stina Bergman Blix
language : en
Publisher: Routledge
Release Date : 2018-12-07
Professional Emotions In Court written by Stina Bergman Blix and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-07 with Social Science categories.
Professional Emotions in Court examines the paramount role of emotions in the legal professions and in the functioning of the democratic judicial system. Based on extensive interview and observation data in Sweden, the authors highlight the silenced background emotions and the tacitly habituated emotion management in the daily work at courts and prosecution offices. Following participants ‘backstage’ – whether at the office or at lunch – in order to observe preparations for and reflections on the performance in court itself, this book sheds light on the emotionality of courtroom interactions, such as professional collaboration, negotiations, and challenges, with the analysis of micro-interactions being situated in the broader structural regime of the legal system – the emotive-cognitive judicial frame – throughout. A demonstration of the false dichotomy between emotion and reason that lies behind the assumption of a judicial system that operates rationally and without emotion, Professional Emotions in Court reveals how this assumption shapes professionals’ perceptions and performance of their work, but hampers emotional reflexivity, and questions whether the judicial system might gain in legitimacy if the role of emotional processes were recognized and reflected upon.
Clear And Effective Legal Writing
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Author : Veda Charrow
language : en
Publisher: Aspen Publishing
Release Date : 2014-10-30
Clear And Effective Legal Writing written by Veda Charrow and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-10-30 with Law categories.
In its Fourth Edition, Clear and Effective Legal Writing continues to give students a classic introduction to legal analysis and legal writing. Concise and accessible, the text focuses on memo and brief writing while reinforcing key writing skills. This proven teaching tool provides the student with excellent examples and numerous skill-honing exercises. Offering comprehensive coverage from case synthesis and case briefing to preparing Supreme Court briefs, this text: starts with an overview of legal analysis, and then walks students through the writing process: understanding context, organizing effectively, writing clearly and effectively, and reviewing and editing describes differences between legal language and ordinary discourse, and the linguistic theory underlying the origins of legal language seamlessly combines legal reasoning with legal writing and helps the student understand the relationship between the two provides straightforward rules for writing effective legal documents, with scores of examples of the good, the bad, and the humorous includes numerous exercises throughout the book to help students reinforce their skills dissects and annotates actual trial court memoranda and Supreme Court briefs highlighting the strengths and weaknesses of each example provides an insightful interview with the Clerk of the Supreme Court of the United States on what the Court expects to see in brief and the assistance that his office provides to all litigants appearing before the Court shows how to transform a memorandum into an advocacy document provides guidance for writing well in an appendix with overview of English sentence structure New to the Fourth Edition: updated examples throughout an updated legal process portion taking into account changes in law and updating examples a new set of Supreme Court briefs with annotations additional material addressing how the Internet is affecting court filings and formatting
Emotion And The Law
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Author : Brian H. Bornstein
language : en
Publisher: Springer Science & Business Media
Release Date : 2009-10-20
Emotion And The Law written by Brian H. Bornstein and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-10-20 with Psychology categories.
From questions surrounding motives to the concept of crimes of passion, the intersection of emotional states and legal practice has long interested professionals as well as the public—recent cases involving extensive pretrial publicity, highly charged evidence, and instances of jury nullification continue to make the subject particularly timely. With these trends in mind, Emotion and the Law brings a rich tradition in social psychology into sharp forensic focus in a unique interdisciplinary volume. Emotion, mood and affective states, plus patterns of conduct that tend to arise from them in legal contexts, are analyzed in theoretical and practical terms, using real-life examples from criminal and civil cases. From these complex situations, contributors provide answers to bedrock questions—what roles affect plays in legal decision making, when these roles are appropriate, and what can be done so that emotion is not misused or exploited in legal procedures—and offer complementary legal and social/cognitive perspectives on these and other salient issues: Positive versus negative affect in legal decision making, emotion, eyewitness memory, and false memory, the influence of emotions on juror decisions, and legal approaches to its control, a terror management theory approach to the understanding of hate crimes, policy recommendations for managing affect in legal proceedings, additional legal areas that can benefit from the study of emotion. Emotion and the Law clarifies theoretical grey areas, revisits current practice, and suggests possibilities for both new scholarship and procedural guidelines, making it a valuable reference for psycho legal researchers, forensic psychologists, and policymakers.
Guide To Legal Analysis And Writing
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Author : Ee Ing Ong
language : en
Publisher:
Release Date : 2023
Guide To Legal Analysis And Writing written by Ee Ing Ong and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with Law categories.
Mediating Legal Disputes
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Author : Dwight Golann
language : en
Publisher: American Bar Association
Release Date : 2009
Mediating Legal Disputes written by Dwight Golann and has been published by American Bar Association this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Law categories.
This book combines theory with practical techniques for resolving difficult legal disputes, including: mediating effectively between hostile lawyers and parties; dealing with insulting first offers and reneging; predicting litigation outcomes without alienating disputants; effective impasse-breaking tips; and, for litigators, utilizing a mediator's special powers to achieve better outcomes for clients. Includes a DVD that demonstrates conducting an opening session, eliciting offers, delivering an evaluation, applying impasse tactics, and other essential skills.