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. Although the
emotionality of the law and the use of emotional tropes in legal
discourse has become an established focus in recent scholarship,
the extent to which emotion and the passions have informed
decision-making, decision-avoidance and legal reasoning - rather
than as simply an adjunct - is still a matter for critical
analysis. As evidenced in a range of illustrative legal cases,
emotions have been instrumental in the evolution of key legal
principles and have produced many controversial judgments.
Addressing the latent influence of fear, hate, love and compassion,
the book explores the mutability of law and its transformative
power, especially when faced with fluctuating social mores. The
textual nature of law and the impact of literary forms on legal
actors are also critically examined to further elucidate the idea
of law-making as both rational and emotional, and significantly as
an essential activity of the empathic imagination. To this end, it
is suggested that critical scholarship on law, the passions and
emotions not only advances our understanding of the inner workings
of law, it constitutes a fundamental part of our moral reasoning,
and has the capacity to articulate the conditions for a more
dynamic, adaptable, ethical and effective legal institution. This
interdisciplinary book will be of interest to scholars and students
in the fields of law and literature, legal theory, legal
philosophy, law and the humanities, legal aesthetics, sociology of
law, politics, law and policy, human rights, general jurisprudence
and social justice, as well as cultural studies.
General
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