The Passions Of Law

Author : Susan Bandes
Publisher : NYU Press
Page : 383 pages
File Size : 45,7 Mb
Release : 1999
Category : Law
ISBN : 9780814713051

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The Passions of Law by Susan Bandes Pdf

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 : Susan Bandes
Publisher : NYU Press
Page : 383 pages
File Size : 55,8 Mb
Release : 2001-05
Category : Law
ISBN : 9780814713068

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The Passions of Law by Susan Bandes Pdf

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 : Susan A. Bandes
Publisher : Unknown
Page : 0 pages
File Size : 42,5 Mb
Release : 2012
Category : Electronic
ISBN : 9350351897

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Passions of Law by Susan A. Bandes Pdf

Author : James E. Fleming
Publisher : NYU Press
Page : 350 pages
File Size : 50,7 Mb
Release : 2013
Category : Law
ISBN : 9780814760147

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Passions and Emotions by James E. Fleming Pdf

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,Jody L. Madeira,Kathryn D. Temple,Emily Kidd White
Publisher : Edward Elgar Publishing
Page : 640 pages
File Size : 51,8 Mb
Release : 2021-04-30
Category : Law
ISBN : 9781788119085

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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.

Author : Julia Shaw
Publisher : Unknown
Page : 0 pages
File Size : 52,5 Mb
Release : 2019
Category : Law
ISBN : 0415631599

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Law and the Passions by Julia Shaw Pdf

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,Sanford V. Levinson
Publisher : NYU Press
Page : 296 pages
File Size : 40,5 Mb
Release : 1998-06-01
Category : Political Science
ISBN : 9780814722565

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Constitutional Stupidities, Constitutional Tragedies by William N. Eskridge,Sanford V. Levinson Pdf

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.

Author : Francis Hutcheson
Publisher : Unknown
Page : 378 pages
File Size : 42,6 Mb
Release : 1728
Category : Electronic
ISBN : BL:A0019158571

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An Essay on the Nature and Conduct of the Passions and Affections by Francis Hutcheson Pdf

Author : Julia J.A. Shaw
Publisher : Routledge
Page : 196 pages
File Size : 53,7 Mb
Release : 2019-07-08
Category : Law
ISBN : 9781136002809

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Law and the Passions by Julia J.A. Shaw Pdf

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.

Author : Markus Dirk Dubber
Publisher : NYU Press
Page : 206 pages
File Size : 55,5 Mb
Release : 2006-10-01
Category : Law
ISBN : 9780814719732

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The Sense of Justice by Markus Dirk Dubber Pdf

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.

Author : Susanne Karstedt,Ian Loader,Heather Strang
Publisher : Bloomsbury Publishing
Page : 394 pages
File Size : 47,6 Mb
Release : 2011-04-01
Category : Social Science
ISBN : 9781847317834

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Emotions, Crime and Justice by Susanne Karstedt,Ian Loader,Heather Strang Pdf

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 : William N. Eskridge
Publisher : Penguin
Page : 536 pages
File Size : 47,7 Mb
Release : 2008
Category : History
ISBN : 0670018627

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Dishonorable Passions by William N. Eskridge Pdf

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 : Stina Bergman Blix,Åsa Wettergren
Publisher : Routledge
Page : 211 pages
File Size : 40,8 Mb
Release : 2018-12-07
Category : Social Science
ISBN : 9781315306735

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Professional Emotions in Court by Stina Bergman Blix,Åsa Wettergren Pdf

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 : A. Hunt
Publisher : Springer
Page : 466 pages
File Size : 52,8 Mb
Release : 1996-10-01
Category : Social Science
ISBN : 9780333984390

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Governance of Cons Passion by A. Hunt Pdf

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.

Author : Sharon R. Krause
Publisher : Princeton University Press
Page : 275 pages
File Size : 47,5 Mb
Release : 2013-12-08
Category : Philosophy
ISBN : 9780691162249

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Civil Passions by Sharon R. Krause Pdf

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.