Download or read book Law Reason and Emotion written by M. N. S. Sellers and published by Cambridge University Press. This book was released on 2017-12-28 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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 Law Reason and Emotion written by M. N. S. Sellers and published by Cambridge University Press. This book was released on 2017-12-28 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the role and importance of reason and emotion in justice and the law. Eight lawyers and philosophers of law consider law's basis in the universal human need for society, our innate sense of justice, and many other powerful inclinations and emotions, including the desire for fairness and even for law itself. Human beings are deeply social creatures, inspired by social and other emotions, which can ennoble, support, or undermine the law. Law gains legitimacy and effectiveness when reason recognizes and embraces human emotions for the benefit of society as a whole. This volume explores the power and purposes of reason and emotion in the law.
Download or read book Aristotle on Emotions in Law and Politics written by Liesbeth Huppes-Cluysenaer and published by Springer. This book was released on 2018-02-13 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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 Law and the Passions written by Julia Shaw and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Law Reason and Emotion written by Mortimer Sellers (org.) and published by Initia Via Editora. This book was released on 2015-12-01 with total page 887 pages. Available in PDF, EPUB and Kindle. Book excerpt: Volume III: Working Groups
Download or read book Law and Emotion written by Terry A. Maroney and published by . This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many scholars - from fields as diverse as psychology, law, philosophy, and neuroscience - have begun to study the intersection of emotion and law. I describe that scholarship's development; propose that it is organized along six interrelated but theoretically distinct foci; and suggest directions for future research. The notion that reason and emotion are cleanly separable - and that law admits only of the former - is deeply engrained, though it recently has come under attack. Law and emotion scholarship proceeds from the beliefs that emotion may be specifically studied, that it is relevant to law, and that its legal relevance is deserving of close scrutiny. It is organized around the following six approaches: Emotion-centered: Analyze how a particular emotion is, could be, or should be reflected in law. Emotional phenomenon: Describe a mechanism by which emotion is experienced, processed, or expressed, and analyze how that phenomenon is, could be, or should be reflected in law. Emotion theory: Adopt a particular theory (or theories) of the emotions and analyze how that theory is, could be, or should be reflected in law. Legal doctrine: Analyze how emotion is, could be, or should be reflected in a particular area of legal doctrine. Theory of law: Analyze the theories of emotion embedded or reflected within a theoretical approach to the law. Legal actor: Examine how a legal actor's performance of her function is, could be, or should be influenced by emotion. Any given study within the law-and-emotion rubric will have its primary grounding in at least one of these approaches, but should strive to attend to each. Thus, it should identify which emotion(s) it takes as its focus; distinguish between those emotions and implicated emotion-driven phenomena; explore relevant and competing theories of those emotions' origin, purpose, or functioning; limit itself to a particular type of legal doctrine or legal determination; expose any underlying theories of law; and make clear which legal actors are implicated. Directions for future research include greater attention to: non-criminal law; positive emotions; a wider variety of emotion theories and theories of law; and a broader range of legal actors. Cross-disciplinary collaboration will be particularly useful in this endeavor.
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 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 Showing Remorse written by Richard Weisman and published by Routledge. This book was released on 2016-04-01 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whether or not wrongdoers show remorse and how they show remorse are matters that attract great interest both in law and in popular culture. In capital trials in the United States, it can be a question of life or death whether a jury believes that a wrongdoer showed remorse. And in wrongdoings that capture the popular imagination, public attention focuses not only on the act but on whether the perpetrator feels remorse for what they did. But who decides when remorse should be shown or not shown and whether it is genuine or not genuine? In contrast to previous academic studies on the subject, the primary focus of this work is not on whether the wrongdoer meets these expectations over how and when remorse should be shown but on how the community reacts when these expectations are met or not met. Using examples drawn from Canada, the United States, and South Africa, the author demonstrates that the showing of remorse is a site of negotiation and contention between groups who differ about when it is to be expressed and how it is to be expressed. The book illustrates these points by looking at cases about which there was conflict over whether the wrongdoer should show remorse or whether the feelings that were shown were sincere. Building on the earlier analysis, the author shows that the process of deciding when and how remorse should be expressed contributes to the moral ordering of society as a whole. This book will be of interest to those in the fields of sociology, law, law and society, and criminology.
Download or read book Beyond Reason written by Roger Fisher and published by Penguin. This book was released on 2005-10-06 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Written in the same remarkable vein as Getting to Yes, this book is a masterpiece.” —Dr. Steven R. Covey, author of The 7 Habits of Highly Effective People • Winner of the Outstanding Book Award for Excellence in Conflict Resolution from the International Institute for Conflict Prevention and Resolution • In Getting to Yes, renowned educator and negotiator Roger Fisher presented a universally applicable method for effectively negotiating personal and professional disputes. Building on his work as director of the Harvard Negotiation Project, Fisher now teams with Harvard psychologist Daniel Shapiro, an expert on the emotional dimension of negotiation and author of Negotiating the Nonnegotiable: How to Resolve Your Most Emotionally Charged Conflicts. In Beyond Reason, Fisher and Shapiro show readers how to use emotions to turn a disagreement-big or small, professional or personal-into an opportunity for mutual gain.
Download or read book Conflicts of Law and Morality written by Kent Greenawalt and published by Oxford University Press, USA. This book was released on 1989 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: Powerful emotion and pursuit of self-interest have many times led people to break the law with the belief that they are doing so with sound moral reasons. This study is a comprehensive philosophical and legal analysis of the gray area in which the foundations of law and morality clash. In examining the extent of the obligations owed by citizens to their government, Greenawalt concentrates on the possible existence of a single source of obligation that reaches all citizens and all laws.
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 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 Moral Tribes written by Joshua Greene and published by Penguin. This book was released on 2014-12-30 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Surprising and remarkable…Toggling between big ideas, technical details, and his personal intellectual journey, Greene writes a thesis suitable to both airplane reading and PhD seminars.”—The Boston Globe Our brains were designed for tribal life, for getting along with a select group of others (Us) and for fighting off everyone else (Them). But modern times have forced the world’s tribes into a shared space, resulting in epic clashes of values along with unprecedented opportunities. As the world shrinks, the moral lines that divide us become more salient and more puzzling. We fight over everything from tax codes to gay marriage to global warming, and we wonder where, if at all, we can find our common ground. A grand synthesis of neuroscience, psychology, and philosophy, Moral Tribes reveals the underlying causes of modern conflict and lights the way forward. Greene compares the human brain to a dual-mode camera, with point-and-shoot automatic settings (“portrait,” “landscape”) as well as a manual mode. Our point-and-shoot settings are our emotions—efficient, automated programs honed by evolution, culture, and personal experience. The brain’s manual mode is its capacity for deliberate reasoning, which makes our thinking flexible. Point-and-shoot emotions make us social animals, turning Me into Us. But they also make us tribal animals, turning Us against Them. Our tribal emotions make us fight—sometimes with bombs, sometimes with words—often with life-and-death stakes. A major achievement from a rising star in a new scientific field, Moral Tribes will refashion your deepest beliefs about how moral thinking works and how it can work better.
Download or read book The Passions of Law written by Susan Bandes and published by NYU Press. This book was released on 2000 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
