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Law and the Passions Why Emotion Matters for Justice

Shaw Julia
Innbundet / 2019 / Engelsk

Produktdetaljer

ISBN
9780415631594
Publisert
2019-07-25
Utgiver
Vendor
Routledge
Vekt
421 gr
Høyde
234 mm
Bredde
156 mm
Aldersnivå
P, UP, 06, 05
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
206

Forfatter
Shaw Julia

Biographical note

Julia J.A. Shaw is Professor of Law at De Montfort University, Leicester, UK. Her

interdisciplinary scholarship spans legal theory, law and the humanities, critical and

cultural legal studies, and human rights. Recent publications include ‘Law and the

Literary Imagination: the contribution of literature to modern legal scholarship’ in

The Palgrave Handbook of Philosophy and Literature (2018); ‘From Beethoven to

Bowie: identity framing, social justice and the sound of law’ in International Journal

for the Semiotics of Law 31(2) 2018; Jurisprudence (3rd edition, Pearson 2018)

and Corporate Social Responsibility, Social Justice and the Global Food Supply Chain

(Routledge, 2019).

Law and the Passions Why Emotion Matters for Justice

Shaw Julia
Innbundet / 2019 / Engelsk
Shaw Julia
Innbundet / 2019 / Engelsk
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Engaging with the underlying social context in which emotions are a motivationalforce, Law and the Passions provides a uniquely inclusive commentary on the significanceand influence of emotions in the history and continuing development oflegal judgment, policy formation, legal practice and legal dogma.Although the emotionality of the law and the use of emotional tropes in legaldiscourse has become an established focus in recent scholarship, the extent towhich emotion and the passions have informed decision-making, decision-avoidanceand legal reasoning – rather than as simply an adjunct – is still a matter forcritical analysis. As evidenced in a range of illustrative legal cases, emotions havebeen instrumental in the evolution of key legal principles and have produced manycontroversial judgments. Addressing the latent influence of fear, hate, love andcompassion, the book explores the mutability of law and its transformative power,especially when faced with fluctuating social mores. The textual nature of law andthe impact of literary forms on legal actors are also critically examined to furtherelucidate the idea of law-making as both rational and emotional, and significantlyas an essential activity of the empathic imagination. To this end, it is suggestedthat critical scholarship on law, the passions and emotions not only advances ourunderstanding of the inner workings of law, it constitutes a fundamental part ofour moral reasoning, and has the capacity to articulate the conditions for a moredynamic, adaptable, ethical and effective legal institution.This interdisciplinary book will be of interest to scholars and students in thefields of law and literature, legal theory, legal philosophy, law and the humanities,legal aesthetics, sociology of law, politics, law and policy, human rights, general jurisprudenceand social justice, as well as cultural studies.
Les mer
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.
Les mer
Table of ContentsPrefaceIntroductionChapter 1No slave to reason: the significance of the passions in mapping the legal landscapeThe impossibility of reason without passion: I feel, therefore I amRobes and lobes: the convergence of law and neuroscienceThe logos of law and moral judgment as an emotional lexis Turtles (and the normativity of law) all the way downIntersubjectivity, law’s unconscious, and the ethical authority of the human faceThe life of law as the life of reason and the passionsChapter 2Law, emotions and aesthetic justiceThe aesthetic influence on legal sensibilitiesNarrative creativity as the ‘life of law’ and the ‘law of life’From expressivist aesthetics to expressivist ethicsPoetry in (e)motion: expressing the inexpressibleThrough the looking-glass or the mirror crack’dChapter 3Law as FearFear and evaluative judgmentsFear-mongering and the media: implications for justiceWhere Judges fear to tread: law and the politics of fearFear, fetish, fantasy and legal framing strategiesLegal truths and truisms, moral metaphors and moral panicReimagining the foundations for justice: overcoming the new politics of fearChapter 4Law as HateLaw’s symbolic violence: use of linguistic coercion in the constitution of the legal orderLaw’s truth and the Tinkerbell EffectThe (in-)visibility of law: ‘secret’ justice is justice deniedLaw as hate: killing in the name of the lawOn ideology and language in the classification of legal subjects: ‘them’ and ‘us’Reimagining the Other as self: the promise of justice fulfilledChapter 5Law as CompassionFrom 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 judgmentCompassion and the criminal justice systemCompassion without justice is mere sentimentality however justice without compassion is but tyrannyChapter 6Law as LoveDetermining the ‘right kind of love’: love as a moral emotionLove 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 justiceThe heart as law’s attorney: there can be no justice without loveThe imperative of a sentimental education: in recognition of law as an activity of the heart, soul and intellectBibliography
Les mer

Relaterte produkter

Engaging with the underlying social context in which emotions are a motivationalforce, Law and the Passions provides a uniquely inclusive commentary on the significanceand influence of emotions in the history and continuing development oflegal judgment, policy formation, legal practice and legal dogma.Although the emotionality of the law and the use of emotional tropes in legaldiscourse has become an established focus in recent scholarship, the extent towhich emotion and the passions have informed decision-making, decision-avoidanceand legal reasoning – rather than as simply an adjunct – is still a matter forcritical analysis. As evidenced in a range of illustrative legal cases, emotions havebeen instrumental in the evolution of key legal principles and have produced manycontroversial judgments. Addressing the latent influence of fear, hate, love andcompassion, the book explores the mutability of law and its transformative power,especially when faced with fluctuating social mores. The textual nature of law andthe impact of literary forms on legal actors are also critically examined to furtherelucidate the idea of law-making as both rational and emotional, and significantlyas an essential activity of the empathic imagination. To this end, it is suggestedthat critical scholarship on law, the passions and emotions not only advances ourunderstanding of the inner workings of law, it constitutes a fundamental part ofour moral reasoning, and has the capacity to articulate the conditions for a moredynamic, adaptable, ethical and effective legal institution.This interdisciplinary book will be of interest to scholars and students in thefields of law and literature, legal theory, legal philosophy, law and the humanities,legal aesthetics, sociology of law, politics, law and policy, human rights, general jurisprudenceand social justice, as well as cultural studies.
Les mer
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.
Les mer
Table of ContentsPrefaceIntroductionChapter 1No slave to reason: the significance of the passions in mapping the legal landscapeThe impossibility of reason without passion: I feel, therefore I amRobes and lobes: the convergence of law and neuroscienceThe logos of law and moral judgment as an emotional lexis Turtles (and the normativity of law) all the way downIntersubjectivity, law’s unconscious, and the ethical authority of the human faceThe life of law as the life of reason and the passionsChapter 2Law, emotions and aesthetic justiceThe aesthetic influence on legal sensibilitiesNarrative creativity as the ‘life of law’ and the ‘law of life’From expressivist aesthetics to expressivist ethicsPoetry in (e)motion: expressing the inexpressibleThrough the looking-glass or the mirror crack’dChapter 3Law as FearFear and evaluative judgmentsFear-mongering and the media: implications for justiceWhere Judges fear to tread: law and the politics of fearFear, fetish, fantasy and legal framing strategiesLegal truths and truisms, moral metaphors and moral panicReimagining the foundations for justice: overcoming the new politics of fearChapter 4Law as HateLaw’s symbolic violence: use of linguistic coercion in the constitution of the legal orderLaw’s truth and the Tinkerbell EffectThe (in-)visibility of law: ‘secret’ justice is justice deniedLaw as hate: killing in the name of the lawOn ideology and language in the classification of legal subjects: ‘them’ and ‘us’Reimagining the Other as self: the promise of justice fulfilledChapter 5Law as CompassionFrom 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 judgmentCompassion and the criminal justice systemCompassion without justice is mere sentimentality however justice without compassion is but tyrannyChapter 6Law as LoveDetermining the ‘right kind of love’: love as a moral emotionLove 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 justiceThe heart as law’s attorney: there can be no justice without loveThe imperative of a sentimental education: in recognition of law as an activity of the heart, soul and intellectBibliography
Les mer

Produktdetaljer

ISBN
9780415631594
Publisert
2019-07-25
Utgiver
Vendor
Routledge
Vekt
421 gr
Høyde
234 mm
Bredde
156 mm
Aldersnivå
P, UP, 06, 05
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
206

Forfatter
Shaw Julia

Biographical note

Julia J.A. Shaw is Professor of Law at De Montfort University, Leicester, UK. Her

interdisciplinary scholarship spans legal theory, law and the humanities, critical and

cultural legal studies, and human rights. Recent publications include ‘Law and the

Literary Imagination: the contribution of literature to modern legal scholarship’ in

The Palgrave Handbook of Philosophy and Literature (2018); ‘From Beethoven to

Bowie: identity framing, social justice and the sound of law’ in International Journal

for the Semiotics of Law 31(2) 2018; Jurisprudence (3rd edition, Pearson 2018)

and Corporate Social Responsibility, Social Justice and the Global Food Supply Chain

(Routledge, 2019).

Relaterte produkter