1st Edition

Law and the Passions
Why Emotion Matters for Justice





ISBN 9780367785369
Published March 31, 2021 by Routledge
206 Pages

USD $48.95

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Book Description

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.

Table of Contents

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



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Author(s)

Biography

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).