Law, Reason, and Emotion

Law, Reason, and Emotion PDF

Author: M. N. S. Sellers

Publisher: Cambridge University Press

Published: 2017-12-28

Total Pages: 257

ISBN-13: 1108420761

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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.

Law, Reason, and Emotion

Law, Reason, and Emotion PDF

Author: M. N. S. Sellers

Publisher: Cambridge University Press

Published: 2017-12-28

Total Pages: 257

ISBN-13: 1108356370

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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.

Research Handbook on Law and Emotion

Research Handbook on Law and Emotion PDF

Author: Susan A. Bandes

Publisher: Edward Elgar Publishing

Published: 2021-04-30

Total Pages: 640

ISBN-13: 1788119088

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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.

Aristotle on Emotions in Law and Politics

Aristotle on Emotions in Law and Politics PDF

Author: Liesbeth Huppes-Cluysenaer

Publisher: Springer

Published: 2018-02-13

Total Pages: 473

ISBN-13: 3319667033

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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.

Emotion and the Law

Emotion and the Law PDF

Author: Brian H. Bornstein

Publisher: Springer Science & Business Media

Published: 2009-10-20

Total Pages: 221

ISBN-13: 1441906967

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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.

Law and the Passions

Law and the Passions PDF

Author: Julia Shaw

Publisher:

Published: 2019

Total Pages: 0

ISBN-13: 9780415631594

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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.

Law, Reason, and Emotion

Law, Reason, and Emotion PDF

Author: M. N. S. Sellers

Publisher: Cambridge University Press

Published: 2017-12-28

Total Pages: 258

ISBN-13: 1108359736

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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.

Beyond Reason

Beyond Reason PDF

Author: Roger Fisher

Publisher: Penguin

Published: 2005-10-06

Total Pages: 256

ISBN-13: 1101218878

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“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.

The Passions of Law

The Passions of Law PDF

Author: Susan Bandes

Publisher: NYU Press

Published: 2001-05

Total Pages: 383

ISBN-13: 0814713068

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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.