The Passions of Law
The Passions of Law, (Susan Bandes, ed.), NYU Press, Critical America Series, January 2000
Posted: 11 Jan 2000
Abstract
This anthology of original essays by leading scholars of law, theology, political science, classics and philosophy treats the role that emotions play, don't play, and ought to play in the practice and conception of law and justice. Lying at the intersection of law, psychology, and philosophy, the emergent field of emotion theory raises some of the most profound and interesting questions at the heart of jurisprudence. For example, what role do emotions ranging from disgust to compassion play in the decision-making processes of judges, lawyers, juries and clients? What emotions belong in which legal contexts? Is there a hierarchy of emotions, and if so, through what sources do we identify it? To what extent are emotions subject to change or tutelage? How can we evaluate the role of emotion in such disparate contexts as death sentencing, laws about same sex marriage, hate crime legislation, punitive damages or shaming penalties? The essays in this volume reveal that the role of emotion in these and other legal contexts is much greater than most of us tend to think. The anthology is divided into four main parts: Disgust and Shame; Remorse and the Desire for Revenge; Love, Forgiveness and Cowardice; and The Passion for Justice. Contributors include, among others, Martha Nussbaum, Richard Posner, Bill Miller, Martha Minow, Jeffrie Murphy, Dan Kahan and Austin Sarat.
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