The Emotional Dynamics Of Law And Legal Discourse
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| Author | : Heather Conway |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 317 |
| Release | : 2016-12-15 |
| Genre | : Law |
| ISBN | : 1509902465 |
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.
| Author | : Susanne Karstedt |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 572 |
| Release | : 2011-04-01 |
| Genre | : Social Science |
| ISBN | : 1847317839 |
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.
| Author | : Marie-Eve Loiselle |
| Publisher | : Stanford University Press |
| Total Pages | : 301 |
| Release | : 2024-11-19 |
| Genre | : Law |
| ISBN | : 1503641112 |
States are erecting walls at their borders at a pace unmatched in history, and the wall between the United States and Mexico stands as an icon among these dividing structures. Much has been said about the US-Mexico border wall in the last few decades, yet American walling projects have a much longer history, dating back almost a century. Building Walls, Constructing Identities offers a rich account of this legal history, informed by two episodes of wall-building—the Act of August 19, 1935, and the Secure Fence Act of 2006. These two legislative periods illustrate that today's wall imprints onto the landscape a grammar of racial inequality underpinned by a settler colonial rationality. Marie-Eve Loiselle argues in favor of an account of the law that considers its material translation into space and identifies discursive processes by which the law and the wall come together to communicate legal knowledge about territory and identity.
| Author | : Alexandra Braun |
| Publisher | : Oxford University Press |
| Total Pages | : 417 |
| Release | : 2022-09-08 |
| Genre | : Law |
| ISBN | : 0198757255 |
Renowned scholar of comparative private law Alexandra Braun examines the law of testamentary promises, details what happens when these promises are broken, and compares how and when the interests of beneficiaries of testamentary promises are protected across a number of legal systems.
| Author | : Roger Patulny |
| Publisher | : Routledge |
| Total Pages | : 341 |
| Release | : 2019-01-31 |
| Genre | : Social Science |
| ISBN | : 1351133292 |
This international collection discusses how the individualised, reflexive, late modern era has changed the way we experience and act on our emotions. Divided into four sections that include studies ranging across multiple continents and centuries, Emotions in Late Modernity does the following: Demonstrates an increased awareness and experience of emotional complexity in late modernity by challenging the legal emotional/rational divide; positive/negative concepts of emotional valence; sociological/ philosophical/psychological divisions around emotion, morality and gender; and traditional understandings of love and loneliness. Reveals tension between collectivised and individualised-privatised emotions in investigating ‘emotional sharing’ and individualised responsibility for anger crimes in courtrooms; and the generation of emotional energy and achievement emotions in classrooms. Debates the increasing mediation of emotions by contrasting their historical mediation (through texts and bodies) with contemporary digital mediation of emotions in classroom teaching, collective mobilisations (e.g. riots) and film and documentary representations. Demonstrates reflexive micro and macro management of emotions, with examinations of the ‘politics of fear’ around asylum seeking and religious subjects, and collective commitment to climate change mitigation. The first collection to investigate the changing nature of emotional experience in contemporary times, Emotions in Late Modernity will appeal to students and researchers interested in fields such as sociology of emotions, cultural studies, political science and psychology. Chapter 2 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.
| Author | : Susan A. Bandes |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 640 |
| Release | : 2021-04-30 |
| Genre | : Law |
| ISBN | : 1788119088 |
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.
| Author | : Katie Barclay |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 195 |
| Release | : 2020-09-02 |
| Genre | : History |
| ISBN | : 1350307556 |
This student guide introduces the key concepts, theories and approaches to the history of emotions while teaching readers how to apply these ideas to historical source material. Covering the main emotions approaches and providing a range of global case studies and historical sources with which to apply learning, this textbook provides a 'how to' guide for those new to the field and for those learning how historians apply methods to source material. Written in clear and accessible language, each chapter is accompanied by further reading, while surveying many of the main areas of current research and providing ideas for personal research projects and further learning. This methodological guide is ideal for students taking modules on the History of Emotions, or for students on general Historical Skills modules.
| Author | : Sharyn Roach Anleu |
| Publisher | : Routledge |
| Total Pages | : 180 |
| Release | : 2021-02-03 |
| Genre | : Law |
| ISBN | : 1351718150 |
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.
| Author | : Helen Gibbon |
| Publisher | : Taylor & Francis |
| Total Pages | : 251 |
| Release | : 2015-10-16 |
| Genre | : Law |
| ISBN | : 1000806693 |
In an age when everyone aspires to teach critical thinking skills in the classroom, what does it mean to be a subversive law teacher? Who or what might a subversive law teacher seek to subvert – the authority of the law, the university, their own authority as teachers, perhaps? Are law students ripe for subversion, agents of, or impediments to, subversion? Do they learn to ask critical questions? Responding to the provocation in the classic book Teaching as a Subversive Activity, by Postman and Weingartner, the idea that teaching could, or even should, be subversive still holds true today, and its premise is particularly relevant in the context of legal education. We therefore draw on this classic book to discuss, in the present volume, the consideration of research into legal education as lifetime learning, as creating meaning, as transformative and as developing world-changing thinking within the legal context. The volume offers research into classroom experiences and theoretical and historical interrogations of what it means to teach law subversively. Primarily aimed at legal educators and doctoral students in law planning careers as academics, its insights speak directly to tensions in higher education more broadly.
| Author | : Thomas Giddens |
| Publisher | : Taylor & Francis |
| Total Pages | : 182 |
| Release | : 2023-06-30 |
| Genre | : Law |
| ISBN | : 100087656X |
Taking up the study of legal education in distinctly biopolitical terms, this book provides a critical and political analysis of resistance in the law school. Legal education concerns the complex pathways by which an individual becomes a lawyer, making the journey from lay-person to expert, from student to practitioner. To pose the idea of a biopolitics of legal education is not only to recognise the tensions surrounding this journey but also to recognise that legal education is a key site in which the subject engages, and is engaged by, a particular structure—and here the particular structure of the law school. This book explores the resistance to that structure, including: different ways in which law’s pedagogic structures might be incomplete, or are being fought against; the use of less conventional elements of cultural discourse to resist the abstraction of the lawyer in students’ subject formation; the centralisation of queer and feminist discourses to disrupt the hierarchies of the legal curriculum; the use of digital technologies; the place of embodiment in legal education settings; and the impacts of posthuman knowledges and contexts on legal learning. Assembling original, field-defining essays by both leading international scholars and emerging researchers, this book constitutes an indispensable resource in legal education research and scholarship that will appeal to legal academics everywhere.
