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Hardcover
Published: 1st January 2000
ISBN: 9780814713051
Number Of Pages: 368
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Published: 1st May 2001The Passions of Law is the first anthology to treat the role that emotions play, don't play, and ought to play in the practice and conception of law and justice. Lying at the intersection of law, psychology, and philosophy, this emergent field of law scholarship raises some of the most profound and interesting questions at the heart of jurisprudence. For example, what role do emotions ranging from disgust to compassion play in the decision-making processes of judges, lawyers, juries, and clients? What emotions belong in which legal contexts? Is there a hierarchy of emotions, and, if so, through what sources do we identify it? To what extent are emotions subject to change or tutelage? How can we evaluate the role of emotion in such disparate contexts as death sentencing, laws about same sex marriage, hate crime legislation, punitive damages or shaming penalties?
Consisting of original essays by leading scholars of law, theology, political science, and philosophy, The Passions of Law contributes to ongoing efforts to humanize law and reveals how this previously unacknowledged aspect of decision-making exerts a much greater impact on justice and the practice of law than most tend, or like, to think.
Learn more about Susan Bandes
"A fascinating and wide-ranging series on the role that emotion plays in the legal order."--Jack Balkin
| Acknowledgments | p. xi |
| Contributors | p. xiii |
| Introduction | p. 1 |
| Disgust and Shame | |
| "Secret Sewers of Vice": Disgust, Bodies, and the Law | p. 19 |
| The Progressive Appropriation of Disgust | p. 63 |
| Show (Some) Emotions | p. 80 |
| Remorse and the Desire for Revenge | |
| Justice v. Vengeance: On Law and the Satisfaction of Emotion | p. 123 |
| Moral Epistemology, the Retributive Emotions, and the "Clumsy Moral Philosophy" of Jesus Christ | p. 149 |
| Remorse, Responsibility, and Criminal Punishment: An Analysis of Popular Culture | p. 168 |
| Democratic Dis-ease: Of Anger and the Troubling Nature of Punishment | p. 191 |
| Love, Forgiveness, and Cowardice | |
| Making Up Emotional People: The Case of Romantic Love | p. 217 |
| Fear, Weak Legs, and Running Away: A Soldier's Story | p. 241 |
| Institutions and Emotions: Redressing Mass Violence | p. 265 |
| The Passion for Justice | |
| Emotion and the Authority of Law: Variation on Themes in Bentham and Austin | p. 285 |
| Emotion versus Emotionalism in Law | p. 309 |
| Harlan, Holmes, and the Passions of Justice | p. 330 |
| Index | p. 363 |
| Table of Contents provided by Syndetics. All Rights Reserved. |
ISBN: 9780814713051
ISBN-10: 081471305X
Series: Critical America
Audience:
General
Format:
Hardcover
Language:
English
Number Of Pages: 368
Published: 1st January 2000
Country of Publication: US
Dimensions (cm): 23.47 x 16.08
x 2.97
Weight (kg): 0.66
Earn 230 Qantas Points
on this Book
