The Passions Of Law
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Author | : Susan Bandes |
Publisher | : NYU Press |
Total Pages | : 383 |
Release | : 2000 |
Genre | : Law |
ISBN | : 081471305X |
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
Author | : James E. Fleming |
Publisher | : NYU Press |
Total Pages | : 350 |
Release | : 2013 |
Genre | : Law |
ISBN | : 0814760147 |
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.
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 | : Susan Bandes |
Publisher | : NYU Press |
Total Pages | : 383 |
Release | : 2001-05 |
Genre | : Law |
ISBN | : 0814713068 |
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.
Author | : Julia Shaw |
Publisher | : |
Total Pages | : 0 |
Release | : 2019 |
Genre | : Law |
ISBN | : 9780415631594 |
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.
Author | : William N. Eskridge |
Publisher | : Penguin |
Total Pages | : 536 |
Release | : 2008 |
Genre | : History |
ISBN | : 9780670018628 |
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.
Author | : William N. Eskridge |
Publisher | : NYU Press |
Total Pages | : 296 |
Release | : 1998-06 |
Genre | : Law |
ISBN | : 0814751318 |
While the Constitution is the cornerstone of American government, some who are most familiar with the document find it lacking. This unique volume brings together many of the country's most esteemed constitutional commentators and challenges them to select the "stupidest" provision of the Constitution--then to surmise possible results if different interpretations were applied.
Author | : Stina Bergman Blix |
Publisher | : Routledge |
Total Pages | : 211 |
Release | : 2018-12-07 |
Genre | : Social Science |
ISBN | : 1315306735 |
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.
Author | : Sharon R. Krause |
Publisher | : Princeton University Press |
Total Pages | : 275 |
Release | : 2013-12-08 |
Genre | : Philosophy |
ISBN | : 0691162247 |
In this book Sharon Krause argues that moral and political deliberation must incorporate passions, even as she insists on the value of impartiality. Her work provides a systematic account of how passions can generate an impartial standpoint that yields binding and compelling conclusions in politics.
Author | : A. Hunt |
Publisher | : Springer |
Total Pages | : 486 |
Release | : 1996-10-01 |
Genre | : Social Science |
ISBN | : 0333984390 |
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.