In this Book

The Passions of Law
summary

The Passions of Law is the first anthology to treat 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, this emergent field of law scholarship 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?

Consisting of original essays by leading scholars of law, theology, political science, and philosophy, The Passions of Law contributes to ongoing efforts to humanize law and reveals how this previously unacknowledged aspect of decision-making exerts a much greater impact on justice and the practice of law than most tend, or like, to think.

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Table of Contents

  1. Cover
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  1. Title Page, Copyright, Dedication
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  1. Contents
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  1. Acknowledgments
  2. pp. xi-xii
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  1. Contributors
  2. pp. xiii-xvi
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  1. Introduction
  2. pp. 1-16
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  1. Part I. Disgust and Shame
  2. pp. 17-18
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  1. Chapter One. "Secret Sewers of Vice": Disgust, Bodies, and the Law
  2. pp. 62-79
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  1. Chapter Two. The Progressive Appropriation of Disgust
  2. pp. 63-79
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  1. Chapter Three. Show (Some) Emotions
  2. pp. 80-120
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  1. Part II. Remorse and the Desire for Revenge
  2. pp. 121-122
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  1. Chapter Four. Justice v. Vengeance: On Law and the Satisfaction of Emotion
  2. pp. 123-148
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  1. Chapter Five. Moral Epistemology, the Retributive Emotions, and the "Clumsy Moral Philosophy" of Jesus Christ
  2. pp. 149-167
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  1. Chapter Six. Remorse, Responsibility, and Criminal Punishment: An Analysis of Popular Culture
  2. pp. 168-190
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  1. Chapter Seven. Democratic Disease: Of Anger and the Troubling Nature of Punishment
  2. pp. 191-214
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  1. Part III. Love, Forgiveness, and Cowardice
  2. pp. 215-216
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  1. Chapter Eight. Making Up Emotional People: The Case of Romantic Love
  2. pp. 217-240
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  1. Chapter Nine. Fear, Weak Legs, and Running Away: A Soldier's Story
  2. pp. 241-264
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  1. Chapter Ten. Institutions and Emotions: Redressing Mass Violence
  2. pp. 265-282
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  1. Part IV. The Passion for Justice
  2. pp. 283-284
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  1. Chapter Eleven. Emotion and the Authority of Law: Variation on Themes in Bentham and Austin
  2. pp. 285-308
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  1. Chapter Twelve. Emotion versus Emotionalism in Law
  2. pp. 309-329
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  1. Chapter Thirteen. Harlan, Holmes, and the Passions of Justice
  2. pp. 330-362
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  1. Index
  2. pp. 363-367
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