Law Reason And Emotion
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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.
Law Reason And Emotion
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Author : Mortimer Sellers (org.)
language : en
Publisher: Initia Via Editora
Release Date : 2015-12-01
Law Reason And Emotion written by Mortimer Sellers (org.) and has been published by Initia Via Editora this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-12-01 with Law categories.
Volume III: Working Groups
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.
Virtue Emotion And Imagination In Law And Legal Reasoning
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Author : Amalia Amaya
language : en
Publisher: Hart Publishing
Release Date : 2019
Virtue Emotion And Imagination In Law And Legal Reasoning written by Amalia Amaya and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Emotions (Philosophy) 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"--
Aristotle On Emotions In Law And Politics
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Author : Liesbeth Huppes-Cluysenaer
language : en
Publisher: Springer
Release Date : 2018-02-13
Aristotle On Emotions In Law And Politics written by Liesbeth Huppes-Cluysenaer and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-13 with Law categories.
In this book, experts from the fields of law and philosophy explore the works of Aristotle to illuminate the much-debated and fascinating relationship between emotions and justice. Emotions matter in connection with democracy and equity – they are relevant to the judicial enforcement of rights, legal argumentation, and decision-making processes in legislative bodies and courts. The decisive role that emotions, feelings and passions play in these processes cannot be ignored – not even by those who believe that emotions have no legitimate place in the public sphere. A growing body of literature on these topics recognizes the seminal insights contributed by Aristotle. This book offers a comprehensive analysis of his thinking in this context, as well as proposals for inspiring dialogues between his works and those written by a selection of modern and contemporary thinkers. As such, the book offers a valuable resource for students of law, philosophy, rhetoric, politics, ethics and history, but also for readers interested in the ongoing debate about legal positivism and the relevance of emotions for legal and political life in today’s world.
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 And The Passions
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Author : Julia Shaw
language : en
Publisher:
Release Date : 2019
Law And The Passions written by Julia Shaw and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Law categories.
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.
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
Emotions And Culpability
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Author : Norman J. Finkel
language : en
Publisher: Amer Psychological Assn
Release Date : 2006
Emotions And Culpability written by Norman J. Finkel and has been published by Amer Psychological Assn this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.
"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)
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