Law and the passions : why emotion matters for justice
著者
書誌事項
Law and the passions : why emotion matters for justice
（GlassHouse book）
Routledge, 2020
- : hbk
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注記
Includes bibliographical references (p. [175]-191) and index
内容説明・目次
内容説明
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.
目次
Table of Contents
Preface
Introduction
Chapter 1
No slave to reason: the significance of the passions in mapping the legal landscape
The impossibility of reason without passion: I feel, therefore I am
Robes and lobes: the convergence of law and neuroscience
The logos of law and moral judgment as an emotional lexis
Turtles (and the normativity of law) all the way down
Intersubjectivity, law's unconscious, and the ethical authority of the human face
The life of law as the life of reason and the passions
Chapter 2
Law, emotions and aesthetic justice
The aesthetic influence on legal sensibilities
Narrative creativity as the 'life of law' and the 'law of life'
From expressivist aesthetics to expressivist ethics
Poetry in (e)motion: expressing the inexpressible
Through the looking-glass or the mirror crack'd
Chapter 3
Law as Fear
Fear and evaluative judgments
Fear-mongering and the media: implications for justice
Where Judges fear to tread: law and the politics of fear
Fear, fetish, fantasy and legal framing strategies
Legal truths and truisms, moral metaphors and moral panic
Reimagining the foundations for justice: overcoming the new politics of fear
Chapter 4
Law as Hate
Law's symbolic violence: use of linguistic coercion in the constitution of the legal order
Law's truth and the Tinkerbell Effect
The (in-)visibility of law: 'secret' justice is justice denied
Law as hate: killing in the name of the law
On ideology and language in the classification of legal subjects: 'them' and 'us'
Reimagining the Other as self: the promise of justice fulfilled
Chapter 5
Law as Compassion
From vengeance to compassion: the two faces of 'justice'
Compassionate justice and the ethical significance of vulnerability
'Truth waits for eyes unclouded by longing': 'enlarged' (empathic) perception motivates compassionate judgment
Compassion and the criminal justice system
Compassion without justice is mere sentimentality however justice without compassion is but tyranny
Chapter 6
Law as Love
Determining the 'right kind of love': love as a moral emotion
Love enriches and extends the scope of the lawyer's question 'who is my neighbour?'
Law and love: against the entitlement of wealth and the obstruction of justice
The heart as law's attorney: there can be no justice without love
The imperative of a sentimental education: in recognition of law as an activity of the heart, soul and intellect
Bibliography
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