Download or read book Emotions Values and the Law written by John Deigh and published by Oxford University Press. This book was released on 2011-10-01 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Download or read book Research Handbook on Law and Emotion written by Susan A. Bandes and published by Edward Elgar Publishing. This book was released on 2021-04-30 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The Laws of Emotion written by Nico H. Frijda and published by Psychology Press. This book was released on 2017-09-25 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Emotions Values and Agency written by Christine Tappolet and published by Oxford University Press. This book was released on 2016 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: The emotions we experience are crucial to who we are, to what we think, and to what we do. But what are emotions, exactly, and how do they relate to agency? The aim of this book is to spell out an account of emotions, which is grounded on analogies between emotions and sensory experiences, and to explore the implications of this account for our understanding of human agency. The central claim is that emotions consist in perceptual experiences of values, such as the fearsome, the disgusting or the admirable. A virtue of this account is that it affords a better grasp of a variety of interconnected phenomena, such as motivation, values, responsibility and reason-responsiveness. In the process of exploring the implications of the Perceptual Theory of emotions, several claims are proposed. First, emotions normally involve desires that set goals, but they can be contemplative in that they can occur without any motivation. Second, evaluative judgements can be understood in terms of appropriate emotions in so far as appropriateness is taken to consist in correct representation. Third, by contrast with what Strawsonian theories hold, the concept of moral responsibility is not response-dependent, but the relationship between emotions and moral responsibility is mediated by values. Finally, in so far as emotions are perceptions of values, they can be considered to be perceptions of practical reasons, so that on certain conditions, acting on the basis of one's emotions can consist in responding to one's reasons.

Download or read book Virtue Emotion and Imagination in Law and Legal Reasoning written by Amalia Amaya and published by Bloomsbury Publishing. This book was released on 2020-02-06 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Emotion and the Law written by Brian H. Bornstein and published by Springer Science & Business Media. This book was released on 2009-10-20 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Political Emotions written by Martha C. Nussbaum and published by Harvard University Press. This book was released on 2013-10-01 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can we achieve and sustain a "decent" liberal society, one that aspires to justice and equal opportunity for all and inspires individuals to sacrifice for the common good? In this book, a continuation of her explorations of emotions and the nature of social justice, Martha Nussbaum makes the case for love. Amid the fears, resentments, and competitive concerns that are endemic even to good societies, public emotions rooted in love—in intense attachments to things outside our control—can foster commitment to shared goals and keep at bay the forces of disgust and envy. Great democratic leaders, including Abraham Lincoln, Mohandas Gandhi, and Martin Luther King Jr., have understood the importance of cultivating emotions. But people attached to liberalism sometimes assume that a theory of public sentiments would run afoul of commitments to freedom and autonomy. Calling into question this perspective, Nussbaum investigates historical proposals for a public "civil religion" or "religion of humanity" by Jean-Jacques Rousseau, Auguste Comte, John Stuart Mill, and Rabindranath Tagore. She offers an account of how a decent society can use resources inherent in human psychology, while limiting the damage done by the darker side of our personalities. And finally she explores the cultivation of emotions that support justice in examples drawn from literature, song, political rhetoric, festivals, memorials, and even the design of public parks. "Love is what gives respect for humanity its life," Nussbaum writes, "making it more than a shell." Political Emotionsis a challenging and ambitious contribution to political philosophy.

Download or read book Emotions Crime and Justice written by Susanne Karstedt and published by Bloomsbury Publishing. This book was released on 2011-04-01 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Affect and Legal Education written by Caroline Maughan and published by Routledge. This book was released on 2016-03-23 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The Emotional Construction of Morals written by Jesse Prinz and published by Oxford University Press. This book was released on 2007-11-22 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jesse Prinz presents a bravura argument for highly controversial claims about morality, which go to the heart of our understanding of ourselves. He argues that moral values are based on emotional responses, and that these are inculcated by culture, not hard-wired through natural selection. These two claims support a form of moral relativism.

Download or read book Emotional Dynamics of Law and Legal Discourse written by Heather Conway and published by Bloomsbury Publishing. This book was released on 2016-12-15 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Constitutional Sentiments written by András Sajó and published by Yale University Press. This book was released on 2011-01-01 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional Sentiments provides new insights into the foundations of law, the complexities of legal institutions, and the hidden genealogies of lawmaking. As the book makes clear, constitutions are human creations that embody all aspects of our humanity. It is an example of serious scholarship that will attract readers of all disciplines who have a keen interest in social and political life. --Book Jacket.

Download or read book Emotions in International Politics written by Yohan Ariffin and published by Cambridge University Press. This book was released on 2016-01-11 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates collective emotions in international politics, with examples from 9/11 and World War II to the Rwandan genocide.

Download or read book Beyond Smart written by Ronda Muir and published by American Bar Association. This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Everyone is familiar with "IQ"--intelligence quotient. Most lawyers put their IQ scores up there with their SAT and LSAT scores as generally acknowledged evidence of their competence. But what is your emotional intelligence quotient? And why should you care?"Emotional intelligence" (EI) is the ability to recognize, understand, and regulate our own and others' emotions. Industries worldwide have incorporated EI into their education, hiring, training, and management programs to maximize performance. BEYOND SMART: LAWYERING WITH EMOTIONAL INTELLIGENCE is the first comprehensive guide to understanding and raising emotional intelligence in the unique context of law practice. It explains the origins of EI, a lawyer's historic role in developing the concept, how lawyers compare in EI to other professionals and how to determine your level of EI. Beyond Smart also outlines how: - Emotionally intelligent lawyers are smarter, better practitioners--as negotiators, litigators and judges, make more money, and are physically and mentally healthier;- Emotionally intelligent law departments and law firms profit from more effective leadership, greater performance, enhanced teamwork, and increased client satisfaction, as well as lower attrition, healthcare and professional liability costs;- Emotionally intelligent practices can thrive in an increasingly competitive and technologically complex marketplace, even outperforming artificial intelligence; and- Individuals, workplaces and law schools can take steps to raise emotional intelligence.This user-friendly, practical resource is designed for today's legal professional who desires to improve their communication, client service and leadership skills and create a high performance, high functioning workplace.

Download or read book Emotions and Culpability written by Norman J. Finkel and published by Amer Psychological Assn. This book was released on 2006 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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)

Download or read book Passions and Emotions written by James E. Fleming and published by NYU Press. This book was released on 2013 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Professional Emotions in Court written by Stina Bergman Blix and published by Routledge. This book was released on 2018-12-07 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.