Affective Legal Analysis

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Affective legal analysis

Author : Frank Fleerackers
Publisher : Duncker & Humblot
ISBN 13 : 9783428490493
Total Pages : 216 pages
Book Rating : 4.4/5 (94 download)

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Book Synopsis Affective legal analysis by : Frank Fleerackers

Download or read book Affective legal analysis written by Frank Fleerackers and published by Duncker & Humblot. This book was released on 2019 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Indeed, if the legal field is to be understood as instrumental to democracy's cohabitation of individuals, research on dispute resolution remains pre-eminent as a means to understand how individual views differ and how different views can be overcome. As a central part of conflict analysis, such research would assist an interdisciplinary quest for a dynamic understanding of democracy and law. It would focus on how different individuals with different conceptions of the good can live together in their community, in their world. Scientific research in the fields of communication, economics, psychology, history, political theory and philosophy, to name but a few, would side with legal theory in a shared ambition to analyze the way individuals are affected by their views as well as by their institutions, in order to provide society with a dynamic means to solve conflicts and enhance citizenship or legal awareness. Such research necessarily coincides with empathy-oriented education, directed towards an understanding of different conflict positions and the related comprehensive or non-comprehensive views affecting them. An affective education, analyzing all affective mechanisms of societal or interpersonal disputes and their legal or alternative resolution. A clinical education, offering an interactive simulation with regard to these positions and their affective impact, demonstrating how individual views continuously affect the positions taken, how disputes are affected by the legal or other institutions that attempt to solve them, and how the effectiveness of legal or other solutions to the conflict at hand depends on a practice of affective legal analysis. Thus legal and civic education, by way of affective narration and clinical simulation, join affective legal analysis in its endeavor to provide society with a similarly affective and non-rationalizing approach of legal awareness.

The conveyance of legal awareness

Author : Frank Fleerackers
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (92 download)

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Book Synopsis The conveyance of legal awareness by : Frank Fleerackers

Download or read book The conveyance of legal awareness written by Frank Fleerackers and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Judging and Emotion

Author : Sharyn Roach Anleu
Publisher : Routledge
ISBN 13 : 1351718150
Total Pages : 180 pages
Book Rating : 4.3/5 (517 download)

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Book Synopsis Judging and Emotion by : Sharyn Roach Anleu

Download or read book Judging and Emotion written by Sharyn Roach Anleu and published by Routledge. This book was released on 2021-02-03 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judging and Emotion investigates how judicial officers understand, experience, display, manage and deploy emotions in their everyday work, in light of their fundamental commitment to impartiality. Judging and Emotion challenges the conventional assumption that emotion is inherently unpredictable, stressful or a personal quality inconsistent with impartiality. Extensive empirical research with Australian judicial officers demonstrates the ways emotion, emotional capacities and emotion work are integral to judicial practice. Judging and Emotion articulates a broader conception of emotion, as a social practice emerging from interaction, and demonstrates how judicial officers undertake emotion work and use emotion as a resource to achieve impartiality. A key insight is that institutional requirements, including conceptions of impartiality as dispassion, do not completely determine the emotion dimensions of judicial work. Through their everyday work, judicial officers construct and maintain the boundaries of an impartial judicial role which necessarily incorporates emotion and emotion work. Building on a growing interest in emotion in law and social sciences, this book will be of considerable importance to socio-legal scholars, sociologists, the judiciary, legal practitioners and all users of the courts.

Affect and Legal Education

Author : Caroline Maughan
Publisher : Routledge
ISBN 13 : 1317184785
Total Pages : 339 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 339 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.

Research Handbook on Law and Emotion

Author : Susan A. Bandes
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.

Clear and Effective Legal Writing

Author : Veda Charrow
Publisher : Aspen Publishers
ISBN 13 :
Total Pages : 400 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Clear and Effective Legal Writing by : Veda Charrow

Download or read book Clear and Effective Legal Writing written by Veda Charrow and published by Aspen Publishers. This book was released on 1995 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: With examples drawn from legal writing and student papers, this guide walks students through the writing process and helps them refine their skills in exercises throughout the book. The Second Edition features a reorganized Part I, including three new chapters that help students gain proficiency in reading and analyzing legal materials so they can write more effectively. Part II includes a systematic approach to legal writing; understanding your context; getting organized; writing clearly; writing effectively; and reviewing and editing. Part III covers the process of writing a legal memorandum and an appellate court brief. This Second Edition includes two examples of memoranda, An interoffice memo and a memo of points and authority; a streamlined appendix that provides an overview of English sentence structure; and many enhanced writing exercises.

Emotion and the Law

Author : Brian H. Bornstein
Publisher : Springer Science & Business Media
ISBN 13 : 1441906967
Total Pages : 221 pages
Book Rating : 4.4/5 (419 download)

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Book Synopsis Emotion and the Law by : Brian H. Bornstein

Download or read book Emotion and the Law written by Brian H. Bornstein and published by Springer Science & Business Media. This book was released on 2009-10-20 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: From questions surrounding motives to the concept of crimes of passion, the intersection of emotional states and legal practice has long interested professionals as well as the public—recent cases involving extensive pretrial publicity, highly charged evidence, and instances of jury nullification continue to make the subject particularly timely. With these trends in mind, Emotion and the Law brings a rich tradition in social psychology into sharp forensic focus in a unique interdisciplinary volume. Emotion, mood and affective states, plus patterns of conduct that tend to arise from them in legal contexts, are analyzed in theoretical and practical terms, using real-life examples from criminal and civil cases. From these complex situations, contributors provide answers to bedrock questions—what roles affect plays in legal decision making, when these roles are appropriate, and what can be done so that emotion is not misused or exploited in legal procedures—and offer complementary legal and social/cognitive perspectives on these and other salient issues: Positive versus negative affect in legal decision making, emotion, eyewitness memory, and false memory, the influence of emotions on juror decisions, and legal approaches to its control, a terror management theory approach to the understanding of hate crimes, policy recommendations for managing affect in legal proceedings, additional legal areas that can benefit from the study of emotion. Emotion and the Law clarifies theoretical grey areas, revisits current practice, and suggests possibilities for both new scholarship and procedural guidelines, making it a valuable reference for psycho legal researchers, forensic psychologists, and policymakers.

Judging and Emotion

Author : Sharyn Roach Anleu
Publisher : Routledge
ISBN 13 : 9780367678685
Total Pages : 0 pages
Book Rating : 4.6/5 (786 download)

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Book Synopsis Judging and Emotion by : Sharyn Roach Anleu

Download or read book Judging and Emotion written by Sharyn Roach Anleu and published by Routledge. This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the place of emotion in judicial work. Grounded in empirical data - interviews, observations and surveys - it investigates how judicial officers understand, experience, deploy, display and manage emotions as part of their everyday work, especially in court.

Emotional Dynamics of Law and Legal Discourse

Author : Heather Conway
Publisher : Bloomsbury Publishing
ISBN 13 : 1509902465
Total Pages : 320 pages
Book Rating : 4.5/5 (99 download)

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

Download or read book 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.

Law and Emotion

Author : Terry A. Maroney
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis Law and Emotion by : Terry A. Maroney

Download or read book Law and Emotion written by Terry A. Maroney and published by . This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many scholars - from fields as diverse as psychology, law, philosophy, and neuroscience - have begun to study the intersection of emotion and law. I describe that scholarship's development; propose that it is organized along six interrelated but theoretically distinct foci; and suggest directions for future research. The notion that reason and emotion are cleanly separable - and that law admits only of the former - is deeply engrained, though it recently has come under attack. Law and emotion scholarship proceeds from the beliefs that emotion may be specifically studied, that it is relevant to law, and that its legal relevance is deserving of close scrutiny. It is organized around the following six approaches: Emotion-centered: Analyze how a particular emotion is, could be, or should be reflected in law. Emotional phenomenon: Describe a mechanism by which emotion is experienced, processed, or expressed, and analyze how that phenomenon is, could be, or should be reflected in law. Emotion theory: Adopt a particular theory (or theories) of the emotions and analyze how that theory is, could be, or should be reflected in law. Legal doctrine: Analyze how emotion is, could be, or should be reflected in a particular area of legal doctrine. Theory of law: Analyze the theories of emotion embedded or reflected within a theoretical approach to the law. Legal actor: Examine how a legal actor's performance of her function is, could be, or should be influenced by emotion. Any given study within the law-and-emotion rubric will have its primary grounding in at least one of these approaches, but should strive to attend to each. Thus, it should identify which emotion(s) it takes as its focus; distinguish between those emotions and implicated emotion-driven phenomena; explore relevant and competing theories of those emotions' origin, purpose, or functioning; limit itself to a particular type of legal doctrine or legal determination; expose any underlying theories of law; and make clear which legal actors are implicated. Directions for future research include greater attention to: non-criminal law; positive emotions; a wider variety of emotion theories and theories of law; and a broader range of legal actors. Cross-disciplinary collaboration will be particularly useful in this endeavor.

Data Protection Law and Emotion

Author : Damian Clifford
Publisher : Oxford University Press
ISBN 13 : 0192660810
Total Pages : 257 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis Data Protection Law and Emotion by : Damian Clifford

Download or read book Data Protection Law and Emotion written by Damian Clifford and published by Oxford University Press. This book was released on 2024-04-25 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Data protection law is often positioned as a regulatory solution to the risks posed by computational systems. Despite the widespread adoption of data protection laws, however, there are those who remain sceptical as to their capacity to engender change. Much of this criticism focuses on our role as 'data subjects'. It has been demonstrated repeatedly that we lack the capacity to act in our own best interests and, what is more, that our decisions have negative impacts on others. Our decision-making limitations seem to be the inevitable by-product of the technological, social, and economic reality. Data protection law bakes in these limitations by providing frameworks for notions such as consent and subjective control-rights and by relying on those who process our data to do so fairly. Despite these valid concerns, Data Protection Law and Emotion argues that the (in)effectiveness of these laws are often more difficult to discern than the critical literature would suggest, while also emphasising the importance of the conceptual value of subjective control. These points are explored (and indeed, exposed) by investigating data protection law through the lens of the insights provided by law and emotion scholarship and demonstrating the role emotions play in our decision-making. The book uses the development of Emotional Artificial Intelligence, a particularly controversial technology, as a case study to analyse these issues. Original and insightful, Data Protection Law and Emotion offers a unique contribution to a contentious debate that will appeal to students and academics in data protection and privacy, policymakers, practitioners, and regulators.

Professional Emotions in Court

Author : Stina Bergman Blix
Publisher :
ISBN 13 : 9780367821128
Total Pages : 194 pages
Book Rating : 4.8/5 (211 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 . This book was released on 2019-10-18 with total page 194 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.

Crisis Lawyering

Author : Ray Brescia
Publisher : NYU Press
ISBN 13 : 1479801704
Total Pages : 424 pages
Book Rating : 4.4/5 (798 download)

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Book Synopsis Crisis Lawyering by : Ray Brescia

Download or read book Crisis Lawyering written by Ray Brescia and published by NYU Press. This book was released on 2021-02-23 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shines a light on the emerging field of law dedicated to responding to and resolving the crises of the twenty-first century In an increasingly globalized world, a complex and interlocking web of nations, governments, non-state actors, laws, and rules affect human behavior. When crisis hits—whether that be extrajudicial detention, unprompted deportation, pandemics, or natural disasters—lawyers are increasingly among the first responders, equipped with the knowledge necessary to navigate the regulations of this ever more complex world. Crisis Lawyering explores this phenomenon and attempts to identify and define what it means to engage in the practice of law in crisis situations. In so doing, it hopes to sketch out the contours of the emerging field of crisis lawyering. Contributors to this volume explore cases surrounding domestic violence; dealing with immigrants in detention and banned from travel; policing in Ferguson, Missouri; the kidnapping of journalists; and climate change, among other crises. Their analysis not only serves as guidance to lawyers in such situations, but also helps others who deal with crises understand those crises—and the role of lawyers in them—better so that they may respond to them more effectively, efficiently, collaboratively and creatively. Crisis Lawyering shines a light on the emerging field of law dedicated to responding to and resolving the complex crises of the twenty-first century.

Model Rules of Professional Conduct

Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Virtue, Emotion and Imagination in Law and Legal Reasoning

Author : Amalia Amaya
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.

Affective Law, the Conveyance of Legal Awareness

Author : Frank Fleerackers
Publisher :
ISBN 13 :
Total Pages : 108 pages
Book Rating : 4.:/5 (342 download)

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Book Synopsis Affective Law, the Conveyance of Legal Awareness by : Frank Fleerackers

Download or read book Affective Law, the Conveyance of Legal Awareness written by Frank Fleerackers and published by . This book was released on 1995 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Principle of Effective Legal Protection in Administrative Law

Author : Zoltán Szente
Publisher : Routledge
ISBN 13 : 1317019237
Total Pages : 470 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis The Principle of Effective Legal Protection in Administrative Law by : Zoltán Szente

Download or read book The Principle of Effective Legal Protection in Administrative Law written by Zoltán Szente and published by Routledge. This book was released on 2016-08-05 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection presents a comparative analysis of the principle of effective legal protection in administrative law in Europe. It examines how European states consider and enforce the related requirements in their domestic administrative law. The book is divided into three parts: the first comprises a theoretical introductory chapter along with perspectives from International and European Law; part two presents 15 individual country reports on the principle of effective legal protection in mostly EU member states. The core function of the reports is to provide an analysis of the domestic instruments and procedures. Adopting a contextual approach, they consider the historical, political and legal circumstances as well as analysing the relevant case law of the domestic courts; the third part provides a comparative analysis of the country reports. The final chapter assesses the influence and relevance of EU law and the ECHR. The book thus identifies the most important trends and makes a valuable contribution to the debate around convergence and divergence in European national administrative systems. The Open Access version of this book, available at https://www.taylorfrancis.com/books/principle-effective-legal-protection-administrative-law-zolt%C3%A1n-szente-konrad-lachmayer/e/10.4324/9781315553979 , has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 licens