Emotion And The Law
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Research Handbook On Law And Emotion
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Author : Susan A. Bandes
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-04-30
Research Handbook On Law And Emotion written by Susan A. Bandes and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-30 with Law categories.
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.
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.
Law Reason And Emotion
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Author : M. N. S. Sellers
language : en
Publisher: Cambridge University Press
Release Date : 2017-12-28
Law Reason And Emotion written by M. N. S. Sellers and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-12-28 with Law categories.
What place do reason and emotion have in justice and the law? This thought-provoking text brings together leading lawyers and legal philosophers to argue that law gains legitimacy and effectiveness when reason recognizes and embraces human emotions for the benefit of society as a whole.
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.
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.
Virtue Emotion And Imagination In Law And Legal Reasoning
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Author : Amalia Amaya
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-02-06
Virtue Emotion And Imagination In Law And Legal Reasoning written by Amalia Amaya and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-06 with Law categories.
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.
The Laws Of Emotion
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Author : Nico H. Frijda
language : en
Publisher: Psychology Press
Release Date : 2017-09-25
The Laws Of Emotion written by Nico H. Frijda and has been published by Psychology Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-25 with Psychology categories.
The Laws of Emotion is an accessible work that reviews much of the insightful new research on emotions conducted over the last ten years. It expands on the theory of emotions introduced in Nico Frijda’s earlier work and addresses a number of unanswered, basic problems on emotion theory. The author’s goal is to better understand the underlying psychological mechanisms of emotion. In this book, Professor Frijda also examines previously neglected topics of emotion such as determinants of emotional intensity, the duration of emotions, and sexual emotions. It touches on both evolutionary and neuroscientific explanations. The book begins by reviewing a number of principles governing emotion, or “the laws of emotion”. The author then examines the passionate nature of emotions and the motivational processes underlying them, and the nature and causes of pleasure and pain. Professor Frijda then explores the processes that lead to emotional arousal, including cognitive influences and why people care more about certain things than others. Emotional intensity is then discussed, including the often-neglected topic of the course of emotions over time. The book concludes with the author's insights into complex emotional domains such as sex, revenge, and the need to commemorate past events. The Laws of Emotion will appeal to social, cognitive, and developmental psychologists, social scientists, philosophers, and neuroscientists, as well as anyone interested in the workings of the mind. It also serves as a text for advanced courses in the psychology of emotions or the neuroscience of emotions.
The Passions Of Law
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Author : Susan Bandes
language : en
Publisher: NYU Press
Release Date : 1999
The Passions Of Law written by Susan Bandes and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Law categories.
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
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.
Emotions Values And The Law
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Author : John Deigh
language : en
Publisher: Oxford University Press
Release Date : 2011-10-01
Emotions Values And The Law written by John Deigh and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-10-01 with Philosophy categories.
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