Emotions, Values, and the Law

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Publisher : Oxford University Press
ISBN 13 : 019045427X
Total Pages : 264 pages
Book Rating : 4.1/5 (94 download)

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Book Synopsis Emotions, Values, and the Law by : John Deigh

Download or read book Emotions, Values, and the Law written by John Deigh and published by Oxford University Press. This book was released on 2011-10-01 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Emotions, Values, and the Law brings together ten of John Deigh's essays written over the past fifteen years. In the first five essays, Deigh ask questions about the nature of emotions and the relation of evaluative judgment to the intentionality of emotions, and critically examines the cognitivist theories of emotion that have dominated philosophy and psychology over the past thirty years. A central criticism of these theories is that they do not satisfactorily account for the emotions of babies or animals other than human beings. Drawing on this criticism, Deigh develops an alternative theory of the intentionality of emotions on which the education of emotions explains how human emotions, which innately contain no evaluative thought, come to have evaluative judgments as their principal cognitive component. The second group of five essays challenge the idea of the voluntary as essential to understanding moral responsibility, moral commitment, political obligation, and other moral and political phenomena that have traditionally been thought to depend on people's will. Each of these studies focuses on a different aspect of our common moral and political life and shows, contrary to conventional opinion, that it does not depend on voluntary action or the exercise of a will constituted solely by rational thought. Together, the essays in this collection represent an effort to shift our understanding of the phenomena traditionally studied in moral and political philosophy from that of their being products of reason and will, operating independently of feeling and sentiment to that of their being manifestations of the work of emotion. "Deigh's writing is clear and precise, his arguments are strong, and he uses a wide range of real world examples that give his essays a vibrant and very readable character." - Notre Dame Philosophical Reviews "I believe that Deigh is as clear-headed and insightful a philosopher as is currently at work today in the areas of moral, political, and legal philosophy and moral psychology, and I believe these essays beautifully demonstrate his many virtues." - Herbert Morris, University of California, Low Angeles Law School "[John Deigh] has acquired a very good knowledge of a field which he has very much made his own. No one writes better or thinks more productively on that area of thought where the theory of the emotions, psychoanalysis, value theory, and the theory of law intersect. And if we closely connect the name Deigh with this particular concatenation of topics, I believe that very soon there will be a number of voices clamoring to be heard in this area." - Richard Wollheim, University of California, Berkeley

The Laws of Emotion

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Publisher : Psychology Press
ISBN 13 : 1351543008
Total Pages : 349 pages
Book Rating : 4.3/5 (515 download)

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Book Synopsis The Laws of Emotion by : Nico H. Frijda

Download or read book The Laws of Emotion written by Nico H. Frijda and published by Psychology Press. This book was released on 2017-09-25 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Laws of Emotion is an accessible work that reviews much of the insightful new research on emotions conducted over the last ten years. It expands on the theory of emotions introduced in Nico Frijda’s earlier work and addresses a number of unanswered, basic problems on emotion theory. The author’s goal is to better understand the underlying psychological mechanisms of emotion. In this book, Professor Frijda also examines previously neglected topics of emotion such as determinants of emotional intensity, the duration of emotions, and sexual emotions. It touches on both evolutionary and neuroscientific explanations. The book begins by reviewing a number of principles governing emotion, or “the laws of emotion”. The author then examines the passionate nature of emotions and the motivational processes underlying them, and the nature and causes of pleasure and pain. Professor Frijda then explores the processes that lead to emotional arousal, including cognitive influences and why people care more about certain things than others. Emotional intensity is then discussed, including the often-neglected topic of the course of emotions over time. The book concludes with the author's insights into complex emotional domains such as sex, revenge, and the need to commemorate past events. The Laws of Emotion will appeal to social, cognitive, and developmental psychologists, social scientists, philosophers, and neuroscientists, as well as anyone interested in the workings of the mind. It also serves as a text for advanced courses in the psychology of emotions or the neuroscience of emotions.

Research Handbook on Law and Emotion

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1788119088
Total Pages : 640 pages
Book Rating : 4.7/5 (881 download)

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Book Synopsis Research Handbook on Law and Emotion by : Susan A. Bandes

Download or read book Research Handbook on Law and Emotion written by Susan A. Bandes and published by Edward Elgar Publishing. This book was released on 2021-04-30 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Emotions, Values, and Agency

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Publisher : Oxford University Press
ISBN 13 : 0199696519
Total Pages : 245 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Emotions, Values, and Agency by : Christine Tappolet

Download or read book Emotions, Values, and Agency written by Christine Tappolet and published by Oxford University Press. This book was released on 2016 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: The emotions we experience are crucial to who we are, to what we think, and to what we do. But what are emotions, exactly, and how do they relate to agency? The aim of this book is to spell out an account of emotions, which is grounded on analogies between emotions and sensory experiences, and to explore the implications of this account for our understanding of human agency. The central claim is that emotions consist in perceptual experiences of values, such as the fearsome, the disgusting or the admirable. A virtue of this account is that it affords a better grasp of a variety of interconnected phenomena, such as motivation, values, responsibility and reason-responsiveness. In the process of exploring the implications of the Perceptual Theory of emotions, several claims are proposed. First, emotions normally involve desires that set goals, but they can be contemplative in that they can occur without any motivation. Second, evaluative judgements can be understood in terms of appropriate emotions in so far as appropriateness is taken to consist in correct representation. Third, by contrast with what Strawsonian theories hold, the concept of moral responsibility is not response-dependent, but the relationship between emotions and moral responsibility is mediated by values. Finally, in so far as emotions are perceptions of values, they can be considered to be perceptions of practical reasons, so that on certain conditions, acting on the basis of one's emotions can consist in responding to one's reasons.

The Emotional Construction of Morals

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Publisher : Oxford University Press
ISBN 13 : 019928301X
Total Pages : 347 pages
Book Rating : 4.1/5 (992 download)

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Book Synopsis The Emotional Construction of Morals by : Jesse Prinz

Download or read book The Emotional Construction of Morals written by Jesse Prinz and published by Oxford University Press. This book was released on 2007-11-22 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jesse Prinz presents a bravura argument for highly controversial claims about morality, which go to the heart of our understanding of ourselves. He argues that moral values are based on emotional responses, and that these are inculcated by culture, not hard-wired through natural selection. These two claims support a form of moral relativism.

Virtue, Emotion and Imagination in Law and Legal Reasoning

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509925155
Total Pages : 304 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Virtue, Emotion and Imagination in Law and Legal Reasoning by : Amalia Amaya

Download or read book Virtue, Emotion and Imagination in Law and Legal Reasoning written by Amalia Amaya and published by Bloomsbury Publishing. This book was released on 2020-02-06 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the role and value of virtue, emotion and imagination in law and legal reasoning? These new essays, by leading scholars of both law and philosophy, offer striking and exploratory answers to this neglected question. The collection takes a holistic approach, inquiring as to the connections and relations between virtue, emotion and imagination. In addition to the principal focus on adjudication, essays in the collection also engage with a variety of different legal, political and moral contexts: eg criminal law sentencing, the Black Lives Matter movement and professional ethics. A number of different areas of the law are addressed (eg criminal law, constitutional law and tort law) and the issues explored include: the benefits and limits of empathy in legal reasoning; the role of attention and perception in judicial reasoning;, the identification of judicial virtues (such as compassion and humility) and judicial vices (such as callousness and partiality); the values and dangers of certain imaginative devices (eg personification); and the interactive and social dimensions of virtue, emotion and imagination.

Emotions, Crime and Justice

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Publisher : Bloomsbury Publishing
ISBN 13 : 1847317839
Total Pages : 394 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Emotions, Crime and Justice by : Susanne Karstedt

Download or read book Emotions, Crime and Justice written by Susanne Karstedt and published by Bloomsbury Publishing. This book was released on 2011-04-01 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Constitutional Sentiments

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Publisher : Yale University Press
ISBN 13 : 0300168616
Total Pages : 425 pages
Book Rating : 4.3/5 (1 download)

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Book Synopsis Constitutional Sentiments by : András Sajó

Download or read book Constitutional Sentiments written by András Sajó and published by Yale University Press. This book was released on 2011-01-01 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional Sentiments provides new insights into the foundations of law, the complexities of legal institutions, and the hidden genealogies of lawmaking. As the book makes clear, constitutions are human creations that embody all aspects of our humanity. It is an example of serious scholarship that will attract readers of all disciplines who have a keen interest in social and political life. --Book Jacket.

Affect and Legal Education

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Publisher : Routledge
ISBN 13 : 1317184785
Total Pages : 338 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Affect and Legal Education by : Caroline Maughan

Download or read book Affect and Legal Education written by Caroline Maughan and published by Routledge. This book was released on 2016-03-23 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: The place of emotion in legal education is rarely discussed or analysed, and we do not have to seek far for the reasons. The difficulty of interdisciplinary research, the technicisation of legal education itself, the view that affect is irrational and antithetical to core western ideals of rationality - all this has made the subject of emotion in legal education invisible. Yet the educational literature on emotion proves how essential it is to student learning and to the professional lives of teachers. This text, the first full-length book study of the subject, seeks to make emotion a central topic of research for legal educators, and restore the power of emotion in our teaching and learning. Part 1 focuses on the contribution that neuroscience can make to legal learning, a theme that is carried through other chapters in the book. Part 2 explores the role of emotion in the working lives of academics and clinical staff, while Part 3 analyses the ways in which emotion can be used in learning and teaching. The book, interdisciplinary and wide-ranging in its reference, breaks new ground in its analysis of the educational lifeworld of situations, communities, actors and interactions in legal education.

Emotions in International Politics

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Publisher : Cambridge University Press
ISBN 13 : 1107113857
Total Pages : 433 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Emotions in International Politics by : Yohan Ariffin

Download or read book Emotions in International Politics written by Yohan Ariffin and published by Cambridge University Press. This book was released on 2016-01-11 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates collective emotions in international politics, with examples from 9/11 and World War II to the Rwandan genocide.

The Emotional Dynamics of Law and Legal Discourse

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509902473
Total Pages : 320 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Emotional Dynamics of Law and Legal Discourse by : Heather Conway

Download or read book The Emotional Dynamics of Law and Legal Discourse written by Heather Conway and published by Bloomsbury Publishing. This book was released on 2016-12-15 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: In his seminal work, Emotional Intelligence, Daniel Goleman suggests that the common view of human intelligence is far too narrow and that emotions play a much greater role in thought, decision-making and individual success than is commonly acknowledged. The importance of emotion to human experience cannot be denied, yet the relationship between law and emotion is one that has largely been ignored until recent years. However, the last two decades have seen a rapidly expanding interest among scholars of all disciplines into the way in which law and the emotions interact, including the law's response to emotion and the extent to which emotions pervade the practice of the law. In The Emotional Dynamics of Law and Legal Discourse a group of leading scholars from both sides of the Atlantic explore these issues across key areas of private law, public law, criminal justice and dispute resolution, illustrating how emotion infuses all areas of legal thought. The collection argues for a more positive view of the role of emotion in the context of legal discourse and demonstrates ways in which the law could, in the words of Goleman, become more emotionally intelligent.

Aristotle on Emotions in Law and Politics

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Author :
Publisher : Springer
ISBN 13 : 3319667033
Total Pages : 473 pages
Book Rating : 4.3/5 (196 download)

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Book Synopsis Aristotle on Emotions in Law and Politics by : Liesbeth Huppes-Cluysenaer

Download or read book Aristotle on Emotions in Law and Politics written by Liesbeth Huppes-Cluysenaer and published by Springer. This book was released on 2018-02-13 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, experts from the fields of law and philosophy explore the works of Aristotle to illuminate the much-debated and fascinating relationship between emotions and justice. Emotions matter in connection with democracy and equity – they are relevant to the judicial enforcement of rights, legal argumentation, and decision-making processes in legislative bodies and courts. The decisive role that emotions, feelings and passions play in these processes cannot be ignored – not even by those who believe that emotions have no legitimate place in the public sphere. A growing body of literature on these topics recognizes the seminal insights contributed by Aristotle. This book offers a comprehensive analysis of his thinking in this context, as well as proposals for inspiring dialogues between his works and those written by a selection of modern and contemporary thinkers. As such, the book offers a valuable resource for students of law, philosophy, rhetoric, politics, ethics and history, but also for readers interested in the ongoing debate about legal positivism and the relevance of emotions for legal and political life in today’s world.

Beyond Smart

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Publisher : American Bar Association
ISBN 13 : 9781634259163
Total Pages : 0 pages
Book Rating : 4.2/5 (591 download)

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Book Synopsis Beyond Smart by : Ronda Muir

Download or read book Beyond Smart written by Ronda Muir and published by American Bar Association. This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Everyone is familiar with "IQ"--intelligence quotient. Most lawyers put their IQ scores up there with their SAT and LSAT scores as generally acknowledged evidence of their competence. But what is your emotional intelligence quotient? And why should you care?"Emotional intelligence" (EI) is the ability to recognize, understand, and regulate our own and others' emotions. Industries worldwide have incorporated EI into their education, hiring, training, and management programs to maximize performance. BEYOND SMART: LAWYERING WITH EMOTIONAL INTELLIGENCE is the first comprehensive guide to understanding and raising emotional intelligence in the unique context of law practice. It explains the origins of EI, a lawyer's historic role in developing the concept, how lawyers compare in EI to other professionals and how to determine your level of EI. Beyond Smart also outlines how: - Emotionally intelligent lawyers are smarter, better practitioners--as negotiators, litigators and judges, make more money, and are physically and mentally healthier;- Emotionally intelligent law departments and law firms profit from more effective leadership, greater performance, enhanced teamwork, and increased client satisfaction, as well as lower attrition, healthcare and professional liability costs;- Emotionally intelligent practices can thrive in an increasingly competitive and technologically complex marketplace, even outperforming artificial intelligence; and- Individuals, workplaces and law schools can take steps to raise emotional intelligence.This user-friendly, practical resource is designed for today's legal professional who desires to improve their communication, client service and leadership skills and create a high performance, high functioning workplace.

Wounded Feelings

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Publisher : University of Toronto Press
ISBN 13 : 1487506554
Total Pages : 502 pages
Book Rating : 4.4/5 (875 download)

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Book Synopsis Wounded Feelings by : Eric H. Reiter

Download or read book Wounded Feelings written by Eric H. Reiter and published by University of Toronto Press. This book was released on 2019 with total page 502 pages. Available in PDF, EPUB and Kindle. Book excerpt: Wounded Feelings explores how people brought stories of emotional injury like betrayal, grief, humiliation, and anger before the Quebec courts from 1870 to 1950, and how lawyers and judges translated those feelings into the rational language of law.

Professional Emotions in Court

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Publisher : Routledge
ISBN 13 : 1315306735
Total Pages : 211 pages
Book Rating : 4.3/5 (153 download)

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Book Synopsis Professional Emotions in Court by : Stina Bergman Blix

Download or read book Professional Emotions in Court written by Stina Bergman Blix and published by Routledge. This book was released on 2018-12-07 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Role of Emotions in Criminal Law Defences

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Publisher : Cambridge University Press
ISBN 13 : 1139503103
Total Pages : pages
Book Rating : 4.1/5 (395 download)

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Book Synopsis The Role of Emotions in Criminal Law Defences by : Eimear Spain

Download or read book The Role of Emotions in Criminal Law Defences written by Eimear Spain and published by Cambridge University Press. This book was released on 2011-09-29 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The law has struggled for many years with the problem of how to accommodate those who commit crimes due to threats or circumstances. The modern ambivalence surrounding the defences of duress and necessity has its origins in the legal past. To date the defences of duress and necessity have been couched in terms such as compulsion, involuntariness and human frailty, resulting in the true nature of the defences being hidden. Psychologists and legal theorists have begun to re-examine the role of emotions in human action, including their effect upon behaviour and choice. In light of recent breakthroughs, Eimear Spain considers how the emotions experienced by those who act due to threats, both human and natural in origin, should affect the attribution of criminal responsibility and punishment. The understanding of emotions extrapolated in this book points towards a new rationale for the existing defences of duress and necessity.

Research Handbook on Law and Emotion

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 9781788119078
Total Pages : 560 pages
Book Rating : 4.1/5 (19 download)

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Book Synopsis Research Handbook on Law and Emotion by : Susan A. Bandes

Download or read book Research Handbook on Law and Emotion written by Susan A. Bandes and published by Edward Elgar Publishing. This book was released on 2021-04-20 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. International expert contributors take multidisciplinary approaches, drawing on neuroscience, philosophy, literary theory, psychology, history, and sociology to examine the role of a wide range of emotions across a variety of legal contexts. Chapters consider how the rich tapestry of human emotion impacts legal actors, influences legal doctrine, and shapes the dynamics of legal institutions. Moving beyond legal contexts traditionally considered rife with emotion such as the criminal law and jury trials, the Handbook explores how emotion relates to contracts, property, bankruptcy, international law, and truth and reconciliation commissions. It also reflects on the importance of research methodologies, theories, and techniques for assessing the role of emotion in the legal arena. Surveying the depth and complexity of law and emotion across a panoply of legal actions, institutional contexts, and legal doctrines, this Research Handbook will be critical reading for academics and students of legal theory and legal philosophy. Its detailed examination of emotions in the practice of private, public, international, and criminal law will also be beneficial for lawyers, judges, and policymakers.