Julia Shaw

Law and the Passions

Why Emotion Matters for Justice

• Gebundenes Buch

Produktbeschreibung

Although the connection of law, passion and emotion has become an established focus in legal scholarship, the extent to which emotion has always been, and continues to be, a significant influence in informing legal reasoning, decision-making, decision-avoidance and legal judgment - rather than an adjunct - is still a matter for critical analysis. Engaging with the underlying social context in which emotional states are a motivational force - and have produced key legal principles and controversial judgments, as evidenced in a range of illustrative legal cases - Law and the Passions: A Discrete History provides a uniquely inclusive commentary on the significance and influence of emotions in the history and continuing development of legal institutions and legal dogma. Law, it is argued, is a passion; and, as such, it is a primarily emotional endeavour.

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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.

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Produktdetails

• Verlag: Taylor & Francis
• Seitenzahl: 206
• Erscheinungstermin: 26. Juli 2019
• Englisch
• Abmessung: 239mm x 160mm x 18mm
• Gewicht: 431g
• ISBN-13: 9780415631594
• ISBN-10: 0415631599
• Artikelnr.: 39148083

Autorenporträt

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).

Inhaltsangabe

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