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Research Handbook on Law and Emotion

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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: April 2021 ISBN: 978 1 78811 907 8 Extent: c 560 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
‘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, 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
Contributors include: K. Abrams, Susan 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





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