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The Passions of Law : Critical America - Susan Bandes

The Passions of Law

Critical America

By: Susan Bandes (Editor)

Hardcover Published: 1st January 2000
ISBN: 9780814713051
Number Of Pages: 368

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The 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

"This splendid collection of engaging, user-friendly essays reveals in vivid detail how emotions are as much a part of the fabric of law as of the rest of life. Among the verdicts that emerge from these careful explorations is the long-overdue acquittal of passion on the charge of always sabotaging reason and justice."

-Elizabeth V. Spelman,Professor, Smith College, and author of Fruits of Sorrow: Framing Our Attention to Suffering "The ostensible polarity between reason and emotion is central to many approaches to law. Susan Bandes offers valuable criticism of this view by noting the important roles that emotion and passion in fact play within the law. She has also brought together an outstanding collection of essays that, by addressing the issue from all perspectives, allows the reader to confront the issue in all of its complexity."

-Sanford Levinson,coeditor of Constitutional Stupidities/Constitutional Tragedies "An excellent collection of original essays . . .the current volume shines by being able to introduce these disparate approaches on emotions into a shared discourse."

-The Law and Politics Book Review "An exciting intellectual adventure. If that type of voyage interests you, almost any page of this book will be a trip."

-New York Law Journal "A fascinating and wide-ranging series on the role that emotion plays in the legal order."

-Jack Balkin

Acknowledgmentsp. xi
Contributorsp. xiii
Introductionp. 1
Disgust and Shame
"Secret Sewers of Vice": Disgust, Bodies, and the Lawp. 19
The Progressive Appropriation of Disgustp. 63
Show (Some) Emotionsp. 80
Remorse and the Desire for Revenge
Justice v. Vengeance: On Law and the Satisfaction of Emotionp. 123
Moral Epistemology, the Retributive Emotions, and the "Clumsy Moral Philosophy" of Jesus Christp. 149
Remorse, Responsibility, and Criminal Punishment: An Analysis of Popular Culturep. 168
Democratic Dis-ease: Of Anger and the Troubling Nature of Punishmentp. 191
Love, Forgiveness, and Cowardice
Making Up Emotional People: The Case of Romantic Lovep. 217
Fear, Weak Legs, and Running Away: A Soldier's Storyp. 241
Institutions and Emotions: Redressing Mass Violencep. 265
The Passion for Justice
Emotion and the Authority of Law: Variation on Themes in Bentham and Austinp. 285
Emotion versus Emotionalism in Lawp. 309
Harlan, Holmes, and the Passions of Justicep. 330
Indexp. 363
Table of Contents provided by Syndetics. All Rights Reserved.

ISBN: 9780814713051
ISBN-10: 081471305X
Series: Critical America
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 368
Published: 1st January 2000
Publisher: New York University Press
Country of Publication: US
Dimensions (cm): 22.9 x 15.2  x 3.18
Weight (kg): 0.66