Research Handbook on Law and Emotion


Research Handbook on Law and Emotion

9781788119078 Edward Elgar Publishing
Edited by Susan A. Bandes, Centennial Professor of Law Emeritus, DePaul University College of Law, Jody Lyneé Madeira, Professor of Law and Louis F. Niezer Faculty Fellow, Maurer School of Law, Indiana University, Kathryn D. Temple, Professor of Law and Culture, Department of English, Georgetown University, US and Emily Kidd White, Assistant Professor, Osgoode Hall Law School, York University, Canada
Publication Date: 2021 ISBN: 978 1 78811 907 8 Extent: 640 pp
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.

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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.

International expert contributors take multidisciplinary approaches, drawing on neuroscience, philosophy, literary theory, psychology, history, and sociology to examine the role of a wide range of emotions across a variety of legal contexts. Chapters consider how the rich tapestry of human emotion impacts legal actors, influences legal doctrine, and shapes the dynamics of legal institutions. Moving beyond legal contexts traditionally considered rife with emotion such as the criminal law and jury trials, the Handbook explores how emotion relates to contracts, property, bankruptcy, international law, and truth and reconciliation commissions. It also reflects on the importance of research methodologies, theories, and techniques for assessing the role of emotion in the legal arena.

Surveying the depth and complexity of law and emotion across a panoply of legal actions, institutional contexts, and legal doctrines, this Research Handbook will be critical reading for academics and students of legal theory and legal philosophy. Its detailed examination of emotions in the practice of private, public, international, and criminal law will also be beneficial for lawyers, judges, and policymakers.
Critical Acclaim
‘This book represents a delightful intellectual companion as well as an urgently needed interdisciplinary anthology. I wholeheartedly recommend lawyers’ engagement with this collection, and I wish it will be adopted by (law) schools around the world as an essential reading.’
– Riccardo Vecellio Segate, Nordic Journal of Human Rights

‘It’s high time that we appreciate the importance for law of emotions, like anger, disgust or empathy. Should law embrace emotion as inevitable, or discourage it for warping judgments and hampering fairness? The editors have gathered an impressive interdisciplinary range of perspectives on this flourishing field. Their superb collection of contributors reveal the importance of emotion not only in criminal law, but in bankruptcy, evidence, international law and other arenas. The power of emotion matters not only for juries, but for judges, legal educators and legislators. The Research Handbook of Law and Emotion is an innovative and thoughtful contribution that brings order to a complex unruly field.’
– Elizabeth F. Loftus, University of California, Irvine, US

‘Emotion matters to law in so many ways: it is vital to recognising the harm and suffering that law attempts to remedy; to identifying and balancing the values, vulnerabilities, and interests involved in justifying those remedies; and to learning the art and craft of legal reasoning. Understanding these issues requires drawing on many disciplines: psychology, philosophy, pedagogy, history, and the arts. This wonderful new collection does all this and more. It is essential reading for any legal scholar.’
– Maksymilian Del Mar, Queen Mary University of London, UK
Contributors: K. Abrams, S.A. Bandes, L. Bartels, S. Bergman Blix, N. Cahn, G. Calder, J. Carbone, H. Conway, J.K. Elek, N. Feigenson, L. Flower, P. Foohey, M. Gendron, A. Hopkins, E. Jones, S. Karstedt, H. Keren, E. Kidd White, J.M. Kilty, D. Lemmings, K. Mack, J.L. Madeira, T.A. Maroney, L. Marsons, A. Milka, J.G. Murphy, E. Musumeci, J. Nadler, C. Patrick, H.J. Phalen, M. Proeve, S. Roach Anleu, K. Rossmanith, J.M. Salerno, A. Srinivasan, J. Stannard, S. Stern, R. Sutton, K.D. Temple, S. Tudor, R. Weisman, R. West, Å. Wettergren, C. Wheatley, N.M. Wright


Introduction 1
Susan A. Bandes, Jody Lyneé Madeira, Kathryn D. Temple and Emily Kidd White

1 Lay conceptions of emotion in law 15
Terry A. Maroney

2 The evolving neuroscience of emotion: challenges and opportunities for
integration with the law 27
Maria Gendron

3 Law’s sentiments 44
Robin West

4 “Whose body is this?” on the role of emotion in teaching and learning law 62
Gillian Calder

5 When souls shudder: A brief history of disgust and the law 80
Carlton Patrick
6 Retribution: Not anger but respect for dignity 94
Jeffrie G. Murphy
7 Closure in the criminal courtroom: The birth and strange career of an emotion 102
Susan A. Bandes
8 The aptness of anger 119
Amia Srinivasan
9 Remorse: Multi-disciplinary perspectives on how law makes use of
a moral emotion 131
Steven Tudor, Michael Proeve, Richard Weisman and Kate Rossmanith

10 Comparing culturally embedded frames of judicial dispassion 147
Åsa Wettergren and Stina Bergman Blix
11 The loyal defence lawyer 165
Lisa Flower
12 Researching judicial emotion and emotion management 180
Sharyn Roach Anleu, Jennifer K. Elek and Kathy Mack

13 Family law and emotion 197
June Carbone and Naomi Cahn
14 Debt’s emotional encumbrances 215
Pamela Foohey
15 The emotional dynamics of property law 229
Heather Conway and John Stannard
16 ‘…You don’t pay £100,000 to a lawyer unless you care about
something’: The role of emotion in contract law 248
Emma Jones
17 Engaging head and heart: An Australian story on the role of compassion
in criminal justice reform 268
Lorana Bartels and Anthony Hopkins

18 Emotional evidence in court 288
Hannah J. Phalen, Jessica M. Salerno, and Janice Nadler
19 Emotional dimensions of visual evidence 312
Neal Feigenson
20 Distancing devices and their challenge to judicial emotion realists – so
far, yet so near 327
Lee Marsons
21 The emotional storying of Charles Ssenyonga as an HIV sexual
predator in June Callwood’s ‘Trial Without End: A Shocking Story of
Women and AIDS’ 342
Jennifer M. Kilty

22 Love in the courtroom: The debate on crimes of passion in late
nineteenth-century Italy 359
Emilia Musumeci
23 Lawyerization, providence, and emotion in the eighteenth-century criminal trial 374
Amy Milka and David Lemmings
24 Copping an attitude: Slang and the neglected racial history of fear and
resentment toward law enforcement and legal authority 391
Nicole Mansfield Wright
25 Curiosity and legal affect in Fulbeck’s A Direction or Preparative to
the Study of the Lawe 407
Simon Stern
26 Why the law needs the history of emotions: William Blackstone,
Agamben and form-of-life 421
Kathryn D. Temple

27 Soft targets: Emotions in the passage of “stand your ground” legislation 438
Jody Lyneé Madeira and Catherine Wheatley

28 Between micro and macro justice: Emotions in transitional justice 460
Susanne Karstedt
29 How the emotions and perceptual judgments of frontline actors shape
the practice of international humanitarian law 477
Rebecca Sutton
30 Images of reach, range, and recognition: Thinking about emotions in
the study of international law 492
Emily Kidd White

31 Empathy, narrative, and victim impact statements (1996) 514
Susan A. Bandes
32 Law and emotion: A proposed taxonomy of an emerging field 534
Terry A. Maroney
33 Who’s afraid of law and the emotions 566
Kathryn Abrams and Hila Keren

Index 601
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