Download or read book The Passions of Law written by Susan Bandes and published by NYU Press. This book was released on 1999 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
Download or read book The Passions of Law written by Susan Bandes and published by NYU Press. This book was released on 2001-05 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: This anthology treats the role that emotions play, don't play, and ought to play in the practice and conception of law and justice. The work consists largely of original essays, by scholars of law, theology, political science and philosophy.
Download or read book Passions of Law written by Susan A. Bandes and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 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 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 Dishonorable Passions written by William N. Eskridge and published by Penguin. This book was released on 2008 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: A history of the government's regulation of sexual behavior traces the historical purposes behind the prohibition against sodomy in early America and continues with a discussion of how the law was referenced in different contexts in later years, covering such topics as the McCarthy era, the sexual revolution of the 1960s, and the 2003 Supreme Court decision to decriminalize private sex between consenting adults. 20,000 first printing.
Download or read book Constitutional Stupidities Constitutional Tragedies written by William N. Eskridge and published by NYU Press. This book was released on 1998-06-01 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Constitution is the cornerstone of American government, hailed as one of the greatest contributions of the Western Enlightenment. While many seem content simply to celebrate it, those most familiar with the document invariably find it wanting in at least some aspects. This unique volume brings together many of the country's most esteemed constitutional commentators and invites them to answer two questions: First, what is the stupidest provision of the Constitution? "Stupid" need not mean evil. Thus, a second, related question is whether the scholar-interpreter would be forced to reach truly evil results even if applying his or her own favored theory of constitutional interpretation. The contributors include Lawrence Alexander, Akhil Reed Amar, Jack Balkin, Philip Bobbitt, Gerard Bradley, Rebecca Brown, Steven Calabresi, Lief Carter, Christopher Eisgruber, Lawrence Sager, Marie Failinger, Daniel Farber, James Fleming, Mark Graber, Stephen Griffin, Gary Jacobsohn, Randall Kennedy, Lewis LaRue, Theodore Lowi, Earl Maltz, Michael McConnell, Matthew Michael, Robert Nagel, Daniel Ortiz, Pamela Karlen, Michael Paulsen, Robert Post, Lucas Powe, Dorothy Roberts, Jeffrey Rosen, Frederick Schauer, Michael Seidman, Suzanna Sherry, David Strauss, Laurence Tribe, Mark Tushnet, and John Yoo.
Download or read book Against the Law written by Paul F. Campos and published by Duke University Press. This book was released on 1996 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: A fundamental critique of American law and legal thought, Against the Law consists of a series of essays written from three different perspectives that coalesce into a deep criticism of contemporary legal culture. Paul F. Campos, Pierre Schlag, and Steven D. Smith challenge the conventional representations of the legal system that are articulated and defended by American legal scholars. Unorthodox, irreverent, and provocative, Against the Law demonstrates that for many in the legal community, law has become a kind of substitute religion--an essentially idolatrous practice composed of systematic self-misrepresentation and self-deception. Linked by a persistent inquiry into the nature and identity of "the law," these essays are informed by the conviction that the conventional representations of law, both in law schools and the courts, cannot be taken at face value--that the law, as commonly conceived, makes no sense. The authors argue that the relentlessly normative prescriptions of American legal thinkers are frequently futile and, indeed, often pernicious. They also argue that the failure to recognize the role that authorship must play in the production of legal thought plagues both the teaching and the practice of American law. Ranging from the institutional to the psychological and metaphysical deficiencies of the American legal system, the depth of criticism offered by Against the Law is unprecedented. In a departure from the nearly universal legitimating and reformist tendencies of American legal thought, this book will be of interest not only to the legal academics under attack in the book, but also to sociologists, historians, and social theorists. More particularly, it will engage all the American lawyers who suspect that there is something very wrong with the nature and direction of their profession, law students who anticipate becoming part of that profession, and those readers concerned with the status of the American legal system.
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 The Sense of Justice written by Markus Dirk Dubber and published by NYU Press. This book was released on 2006-10-01 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Sense of Justice, distinguished legal author Markus Dirk Dubber undertakes a critical analysis of the “sense of justice”: an overused, yet curiously understudied, concept in modern legal and political discourse. Courts cite it, scholars measure it, presidential candidates prize it, eulogists praise it, criminals lack it, and commentators bemoan its loss in times of war. But what is it? Often, the sense of justice is dismissed as little more than an emotional impulse that is out of place in a criminal justice system based on abstract legal and political norms equally applied to all. Dubber argues against simple categorization of the sense of justice. Drawing on recent work in moral philosophy, political theory, and linguistics, Dubber defines the sense of justice in terms of empathy—the emotional capacity that makes law possible by giving us vicarious access to the experiences of others. From there, he explores the way it is invoked, considered, and used in the American criminal justice system. He argues that this sense is more than an irrational emotional impulse but a valuable legal tool that should be properly used and understood.
Download or read book Governance of Cons Passion written by A. Hunt and published by Springer. This book was released on 1996-10-01 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the sumptuary laws that regulated conspicuous consumption in respect to dress, ornaments, and food that were widespread in late medieval and early modern Europe. It argues that sumptuary laws were attempts to stabilize social recognizability in the urban `world of strangers' and in the governance of cities. The gendered character of sumptuary laws are viewed as components of 'gender wars'. These laws are explored as projects directed at the reform of popular culture and in their links to the governance of vagrancy and of popular recreation. This study challenges the view that the sumptuary actually died and develops an argument that in the modern world the regulation of consumption persists, but becomes dispersed throughout a range of both public and private forms of governance. The conclusions stresses the persistence of projects of governance of personal appearance and of private consumption.
Download or read book Law and the Passions written by Julia J.A. Shaw and published by Routledge. This book was released on 2019-07-08 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: Engaging with the underlying social context in which emotions are a motivational force, Law and the Passions provides a uniquely inclusive commentary on the significance and influence of emotions in the history and continuing development of legal judgment, policy formation, legal practice and legal dogma. Although the emotionality of the law and the use of emotional tropes in legal discourse has become an established focus in recent scholarship, the extent to which emotion and the passions have informed decision-making, decision-avoidance and legal reasoning – rather than as simply an adjunct – is still a matter for critical analysis. As evidenced in a range of illustrative legal cases, emotions have been instrumental in the evolution of key legal principles and have produced many controversial judgments. Addressing the latent influence of fear, hate, love and compassion, the book explores the mutability of law and its transformative power, especially when faced with fluctuating social mores. The textual nature of law and the impact of literary forms on legal actors are also critically examined to further elucidate the idea of law-making as both rational and emotional, and significantly as an essential activity of the empathic imagination. To this end, it is suggested that critical scholarship on law, the passions and emotions not only advances our understanding of the inner workings of law, it constitutes a fundamental part of our moral reasoning, and has the capacity to articulate the conditions for a more dynamic, adaptable, ethical and effective legal institution. This interdisciplinary book will be of interest to scholars and students in the fields of law and literature, legal theory, legal philosophy, law and the humanities, legal aesthetics, sociology of law, politics, law and policy, human rights, general jurisprudence and social justice, as well as cultural studies.
Download or read book An Essay on the Nature and Conduct of the Passions and Affections written by Francis Hutcheson and published by . This book was released on 1728 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Download or read book Hiding from Humanity written by Martha C. Nussbaum and published by Princeton University Press. This book was released on 2009-01-10 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: Should laws about sex and pornography be based on social conventions about what is disgusting? Should felons be required to display bumper stickers or wear T-shirts that announce their crimes? This powerful and elegantly written book, by one of America's most influential philosophers, presents a critique of the role that shame and disgust play in our individual and social lives and, in particular, in the law. Martha Nussbaum argues that we should be wary of these emotions because they are associated in troubling ways with a desire to hide from our humanity, embodying an unrealistic and sometimes pathological wish to be invulnerable. Nussbaum argues that the thought-content of disgust embodies "magical ideas of contamination, and impossible aspirations to purity that are just not in line with human life as we know it." She argues that disgust should never be the basis for criminalizing an act, or play either the aggravating or the mitigating role in criminal law it currently does. She writes that we should be similarly suspicious of what she calls "primitive shame," a shame "at the very fact of human imperfection," and she is harshly critical of the role that such shame plays in certain punishments. Drawing on an extraordinarily rich variety of philosophical, psychological, and historical references--from Aristotle and Freud to Nazi ideas about purity--and on legal examples as diverse as the trials of Oscar Wilde and the Martha Stewart insider trading case, this is a major work of legal and moral philosophy.
Download or read book Passion and Ambivalence written by Nathaniel Berman and published by Martinus Nijhoff Publishers. This book was released on 2011-12-23 with total page 475 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tracing our current preoccupation with nationalist, ethnic, and religious conflict to the “cultural Modernist” revolutions of the early twentieth century, this volume draws on cultural studies, postcolonial theory, and psychoanalysis to offer a radical reinterpretation of contemporary international law’s origins.
