Affective Legal Analysis

Affective Legal Analysis Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of Affective Legal Analysis book. This book definitely worth reading, it is an incredibly well-written.

Affective legal analysis

Frank Fleerackers,Josef Heinz Müller, Wilfried Burkhardt
Affective legal analysis Book PDF

Author : Frank Fleerackers,Josef Heinz Müller, Wilfried Burkhardt
Publisher : Duncker & Humblot
Page : 216 pages
File Size : 42,9 Mb
Release : 2019
Category : Law
ISBN : 3428490495

Get Book

Affective legal analysis by Frank Fleerackers,Josef Heinz Müller, Wilfried Burkhardt Pdf

Indeed, if the legal field is to be understood as instrumental to democracy's cohabitation of individuals, research on dispute resolution remains pre-eminent as a means to understand how individual views differ and how different views can be overcome. As a central part of conflict analysis, such research would assist an interdisciplinary quest for a dynamic understanding of democracy and law. It would focus on how different individuals with different conceptions of the good can live together in their community, in their world. Scientific research in the fields of communication, economics, psychology, history, political theory and philosophy, to name but a few, would side with legal theory in a shared ambition to analyze the way individuals are affected by their views as well as by their institutions, in order to provide society with a dynamic means to solve conflicts and enhance citizenship or legal awareness. Such research necessarily coincides with empathy-oriented education, directed towards an understanding of different conflict positions and the related comprehensive or non-comprehensive views affecting them. An affective education, analyzing all affective mechanisms of societal or interpersonal disputes and their legal or alternative resolution. A clinical education, offering an interactive simulation with regard to these positions and their affective impact, demonstrating how individual views continuously affect the positions taken, how disputes are affected by the legal or other institutions that attempt to solve them, and how the effectiveness of legal or other solutions to the conflict at hand depends on a practice of affective legal analysis. Thus legal and civic education, by way of affective narration and clinical simulation, join affective legal analysis in its endeavor to provide society with a similarly affective and non-rationalizing approach of legal awareness.

Judging and Emotion

Sharyn Roach Anleu,Kathy Mack
Judging and Emotion Book PDF

Author : Sharyn Roach Anleu,Kathy Mack
Publisher : Routledge
Page : 180 pages
File Size : 53,8 Mb
Release : 2021-02-03
Category : Law
ISBN : 9781351718158

Get Book

Judging and Emotion by Sharyn Roach Anleu,Kathy Mack Pdf

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.

The Emotional Dynamics of Law and Legal Discourse

Heather Conway,John Stannard
The Emotional Dynamics of Law and Legal Discourse Book PDF

Author : Heather Conway,John Stannard
Publisher : Bloomsbury Publishing
Page : 320 pages
File Size : 53,9 Mb
Release : 2016-12-15
Category : Law
ISBN : 9781509902477

Get Book

The Emotional Dynamics of Law and Legal Discourse by Heather Conway,John Stannard Pdf

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.

Judging and Emotion

SHARYN. MACK ROACH ANLEU (KATHY.),Sharyn L. Roach Anleu,Kathy Mack
Judging and Emotion Book PDF

Author : SHARYN. MACK ROACH ANLEU (KATHY.),Sharyn L. Roach Anleu,Kathy Mack
Publisher : Unknown
Page : 224 pages
File Size : 48,6 Mb
Release : 2020-10-31
Category : Emotions
ISBN : 1138893021

Get Book

Judging and Emotion by SHARYN. MACK ROACH ANLEU (KATHY.),Sharyn L. Roach Anleu,Kathy Mack Pdf

Judges embody impartial legal authority. They are the nexus between formal abstract law, the legal institution of the court, and the practical tasks of making and communicating decisions. Because emotions are often viewed as inherently irrational, disorderly, impulsive and personal, and therefore inconsistent with the impartiality required for a legitimate exercise of judicial authority, judging is usually understood to be unemotional. This conventional model of judging emphasises reason over feeling and legal rules over emotion. But, despite these powerful expectations of judicial dispassion and detachment, emotions and emotional capacities are inevitably part of judging and courtroom practice. This book addresses the place of emotion in judicial work. Grounded in empirical data - interviews, observations and surveys - it investigates how judicial officers understand, experience, deploy, display and manage emotions as part of their everyday work, especially in court. Building on a growing interest in emotions - in law and elsewhere - the book offers a much-needed empirical examination of the relationship between judging and emotion, as it considers how tensions between the demand for emotional engagement and the obligation of constraint are managed at the level of the individual judicial officer, and institutionally.

Affective Justice

Kamari Maxine Clarke
Affective Justice Book PDF

Author : Kamari Maxine Clarke
Publisher : Duke University Press
Page : 212 pages
File Size : 48,5 Mb
Release : 2019-11-15
Category : History
ISBN : 9781478007388

Get Book

Affective Justice by Kamari Maxine Clarke Pdf

Since its inception in 2001, the International Criminal Court (ICC) has been met with resistance by various African states and their leaders, who see the court as a new iteration of colonial violence and control. In Affective Justice Kamari Maxine Clarke explores the African Union's pushback against the ICC in order to theorize affect's role in shaping forms of justice in the contemporary period. Drawing on fieldwork in The Hague, the African Union in Addis Ababa, sites of postelection violence in Kenya, and Boko Haram's circuits in Northern Nigeria, Clarke formulates the concept of affective justice—an emotional response to competing interpretations of justice—to trace how affect becomes manifest in judicial practices. By detailing the effects of the ICC’s all-African indictments, she outlines how affective responses to these call into question the "objectivity" of the ICC’s mission to protect those victimized by violence and prosecute perpetrators of those crimes. In analyzing the effects of such cases, Clarke provides a fuller theorization of how people articulate what justice is and the mechanisms through which they do so.

Affect and Legal Education

Caroline Maughan,Paul Maharg
Affect and Legal Education Book PDF

Author : Caroline Maughan,Paul Maharg
Publisher : Routledge
Page : 353 pages
File Size : 41,6 Mb
Release : 2016-03-23
Category : Law
ISBN : 9781317184775

Get Book

Affect and Legal Education by Caroline Maughan,Paul Maharg Pdf

The place of emotion in legal education is rarely discussed or analysed, and we do not have to seek far for the reasons. The difficulty of interdisciplinary research, the technicisation of legal education itself, the view that affect is irrational and antithetical to core western ideals of rationality - all this has made the subject of emotion in legal education invisible. Yet the educational literature on emotion proves how essential it is to student learning and to the professional lives of teachers. This text, the first full-length book study of the subject, seeks to make emotion a central topic of research for legal educators, and restore the power of emotion in our teaching and learning. Part 1 focuses on the contribution that neuroscience can make to legal learning, a theme that is carried through other chapters in the book. Part 2 explores the role of emotion in the working lives of academics and clinical staff, while Part 3 analyses the ways in which emotion can be used in learning and teaching. The book, interdisciplinary and wide-ranging in its reference, breaks new ground in its analysis of the educational lifeworld of situations, communities, actors and interactions in legal education.

Emotion and the Law

Brian H. Bornstein,Richard L. Wiener
Emotion and the Law Book PDF

Author : Brian H. Bornstein,Richard L. Wiener
Publisher : Springer Science & Business Media
Page : 221 pages
File Size : 51,9 Mb
Release : 2009-10-20
Category : Psychology
ISBN : 9781441906960

Get Book

Emotion and the Law by Brian H. Bornstein,Richard L. Wiener Pdf

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.

Research Handbook on Law and Emotion

Susan A. Bandes,Jody L. Madeira,Kathryn D. Temple,Emily Kidd White
Research Handbook on Law and Emotion Book PDF

Author : Susan A. Bandes,Jody L. Madeira,Kathryn D. Temple,Emily Kidd White
Publisher : Edward Elgar Publishing
Page : 640 pages
File Size : 53,7 Mb
Release : 2021-04-30
Category : Law
ISBN : 9781788119085

Get Book

Research Handbook on Law and Emotion by Susan A. Bandes,Jody L. Madeira,Kathryn D. Temple,Emily Kidd White Pdf

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.

Data Protection Law and Emotion

Damian Clifford
Data Protection Law and Emotion Book PDF

Author : Damian Clifford
Publisher : Oxford University Press
Page : 257 pages
File Size : 40,6 Mb
Release : 2024-04-25
Category : Law
ISBN : 9780192660817

Get Book

Data Protection Law and Emotion by Damian Clifford Pdf

Data protection law is often positioned as a regulatory solution to the risks posed by computational systems. Despite the widespread adoption of data protection laws, however, there are those who remain sceptical as to their capacity to engender change. Much of this criticism focuses on our role as 'data subjects'. It has been demonstrated repeatedly that we lack the capacity to act in our own best interests and, what is more, that our decisions have negative impacts on others. Our decision-making limitations seem to be the inevitable by-product of the technological, social, and economic reality. Data protection law bakes in these limitations by providing frameworks for notions such as consent and subjective control-rights and by relying on those who process our data to do so fairly. Despite these valid concerns, Data Protection Law and Emotion argues that the (in)effectiveness of these laws are often more difficult to discern than the critical literature would suggest, while also emphasising the importance of the conceptual value of subjective control. These points are explored (and indeed, exposed) by investigating data protection law through the lens of the insights provided by law and emotion scholarship and demonstrating the role emotions play in our decision-making. The book uses the development of Emotional Artificial Intelligence, a particularly controversial technology, as a case study to analyse these issues. Original and insightful, Data Protection Law and Emotion offers a unique contribution to a contentious debate that will appeal to students and academics in data protection and privacy, policymakers, practitioners, and regulators.

Emotional Dynamics of Law and Legal Discourse

Heather Conway,John Stannard
Emotional Dynamics of Law and Legal Discourse Book PDF

Author : Heather Conway,John Stannard
Publisher : Bloomsbury Publishing
Page : 320 pages
File Size : 48,6 Mb
Release : 2016-12-15
Category : Law
ISBN : 9781509902460

Get Book

Emotional Dynamics of Law and Legal Discourse by Heather Conway,John Stannard Pdf

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.

Virtue, Emotion and Imagination in Law and Legal Reasoning

Amalia Amaya,Maksymilian Del Mar
Virtue Emotion and Imagination in Law and Legal Reasoning Book PDF

Author : Amalia Amaya,Maksymilian Del Mar
Publisher : Bloomsbury Publishing
Page : 304 pages
File Size : 44,7 Mb
Release : 2020-02-06
Category : Law
ISBN : 9781509925155

Get Book

Virtue, Emotion and Imagination in Law and Legal Reasoning by Amalia Amaya,Maksymilian Del Mar Pdf

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.

The Affective Life of Law

Ravit Pe'er-Lamo Reichman
The Affective Life of Law Book PDF

Author : Ravit Pe'er-Lamo Reichman
Publisher : Stanford Law Books
Page : 240 pages
File Size : 44,6 Mb
Release : 2009
Category : Law
ISBN : UOM:39015080859138

Get Book

The Affective Life of Law by Ravit Pe'er-Lamo Reichman Pdf

Woolf and the lesson of torts -- The strange character of law -- Property and carrying on -- Committed to memory : Rebecca West's Nuremberg -- From witness to neighbor : Arendt's Eichmann

The Principle of Effective Legal Protection in Administrative Law

Zoltán Szente,Konrad Lachmayer
The Principle of Effective Legal Protection in Administrative Law Book PDF

Author : Zoltán Szente,Konrad Lachmayer
Publisher : Routledge
Page : 470 pages
File Size : 49,5 Mb
Release : 2016-08-05
Category : Law
ISBN : 9781317019237

Get Book

The Principle of Effective Legal Protection in Administrative Law by Zoltán Szente,Konrad Lachmayer Pdf

This collection presents a comparative analysis of the principle of effective legal protection in administrative law in Europe. It examines how European states consider and enforce the related requirements in their domestic administrative law. The book is divided into three parts: the first comprises a theoretical introductory chapter along with perspectives from International and European Law; part two presents 15 individual country reports on the principle of effective legal protection in mostly EU member states. The core function of the reports is to provide an analysis of the domestic instruments and procedures. Adopting a contextual approach, they consider the historical, political and legal circumstances as well as analysing the relevant case law of the domestic courts; the third part provides a comparative analysis of the country reports. The final chapter assesses the influence and relevance of EU law and the ECHR. The book thus identifies the most important trends and makes a valuable contribution to the debate around convergence and divergence in European national administrative systems. The Open Access version of this book, available at https://www.taylorfrancis.com/books/principle-effective-legal-protection-administrative-law-zolt%C3%A1n-szente-konrad-lachmayer/e/10.4324/9781315553979 , has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 licens

Clear and Effective Legal Writing

Veda Charrow,Myra K. Erhardt,Robert P. Charrow
Clear and Effective Legal Writing Book PDF

Author : Veda Charrow,Myra K. Erhardt,Robert P. Charrow
Publisher : Aspen Publishing
Page : 509 pages
File Size : 52,8 Mb
Release : 2014-10-30
Category : Law
ISBN : 9781454837855

Get Book

Clear and Effective Legal Writing by Veda Charrow,Myra K. Erhardt,Robert P. Charrow Pdf

In its Fourth Edition, Clear and Effective Legal Writing continues to give students a classic introduction to legal analysis and legal writing. Concise and accessible, the text focuses on memo and brief writing while reinforcing key writing skills. This proven teaching tool provides the student with excellent examples and numerous skill-honing exercises. Offering comprehensive coverage from case synthesis and case briefing to preparing Supreme Court briefs, this text: starts with an overview of legal analysis, and then walks students through the writing process: understanding context, organizing effectively, writing clearly and effectively, and reviewing and editing describes differences between legal language and ordinary discourse, and the linguistic theory underlying the origins of legal language seamlessly combines legal reasoning with legal writing and helps the student understand the relationship between the two provides straightforward rules for writing effective legal documents, with scores of examples of the good, the bad, and the humorous includes numerous exercises throughout the book to help students reinforce their skills dissects and annotates actual trial court memoranda and Supreme Court briefs highlighting the strengths and weaknesses of each example provides an insightful interview with the Clerk of the Supreme Court of the United States on what the Court expects to see in brief and the assistance that his office provides to all litigants appearing before the Court shows how to transform a memorandum into an advocacy document provides guidance for writing well in an appendix with overview of English sentence structure New to the Fourth Edition: updated examples throughout an updated legal process portion taking into account changes in law and updating examples a new set of Supreme Court briefs with annotations additional material addressing how the Internet is affecting court filings and formatting

Crisis Lawyering

Ray Brescia,Eric K. Stern
Crisis Lawyering Book PDF

Author : Ray Brescia,Eric K. Stern
Publisher : NYU Press
Page : 424 pages
File Size : 51,5 Mb
Release : 2021-02-23
Category : Law
ISBN : 9781479801701

Get Book

Crisis Lawyering by Ray Brescia,Eric K. Stern Pdf

Shines a light on the emerging field of law dedicated to responding to and resolving the crises of the twenty-first century In an increasingly globalized world, a complex and interlocking web of nations, governments, non-state actors, laws, and rules affect human behavior. When crisis hits—whether that be extrajudicial detention, unprompted deportation, pandemics, or natural disasters—lawyers are increasingly among the first responders, equipped with the knowledge necessary to navigate the regulations of this ever more complex world. Crisis Lawyering explores this phenomenon and attempts to identify and define what it means to engage in the practice of law in crisis situations. In so doing, it hopes to sketch out the contours of the emerging field of crisis lawyering. Contributors to this volume explore cases surrounding domestic violence; dealing with immigrants in detention and banned from travel; policing in Ferguson, Missouri; the kidnapping of journalists; and climate change, among other crises. Their analysis not only serves as guidance to lawyers in such situations, but also helps others who deal with crises understand those crises—and the role of lawyers in them—better so that they may respond to them more effectively, efficiently, collaboratively and creatively. Crisis Lawyering shines a light on the emerging field of law dedicated to responding to and resolving the complex crises of the twenty-first century.