Research Handbook on Law and Emotion


Book Description

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.




Affect and Legal Education


Book Description

This text, the first full-length book study of the subject, seeks to make emotion a central topic of research for legal educators, and restore the power of emotion in our teaching and learning. Interdisciplinary and wide-ranging in its reference, it breaks new ground in its analysis of the educational lifeworld of situations, communities, actors and interactions in legal education.




Beyond Smart


Book Description

Everyone is familiar with "IQ"--intelligence quotient. Most lawyers put their IQ scores up there with their SAT and LSAT scores as generally acknowledged evidence of their competence. But what is your emotional intelligence quotient? And why should you care?"Emotional intelligence" (EI) is the ability to recognize, understand, and regulate our own and others' emotions. Industries worldwide have incorporated EI into their education, hiring, training, and management programs to maximize performance. BEYOND SMART: LAWYERING WITH EMOTIONAL INTELLIGENCE is the first comprehensive guide to understanding and raising emotional intelligence in the unique context of law practice. It explains the origins of EI, a lawyer's historic role in developing the concept, how lawyers compare in EI to other professionals and how to determine your level of EI. Beyond Smart also outlines how: - Emotionally intelligent lawyers are smarter, better practitioners--as negotiators, litigators and judges, make more money, and are physically and mentally healthier;- Emotionally intelligent law departments and law firms profit from more effective leadership, greater performance, enhanced teamwork, and increased client satisfaction, as well as lower attrition, healthcare and professional liability costs;- Emotionally intelligent practices can thrive in an increasingly competitive and technologically complex marketplace, even outperforming artificial intelligence; and- Individuals, workplaces and law schools can take steps to raise emotional intelligence.This user-friendly, practical resource is designed for today's legal professional who desires to improve their communication, client service and leadership skills and create a high performance, high functioning workplace.




Emotions in the Law School


Book Description

Law schools are failing both their staff and students by requiring them to prize reason and rationality and to suppress or ignore emotions. Despite innovations in terms of both content and teaching techniques, there is little evidence that emotions are effectively acknowledged or utilised within legal education. Instead law schools are clinging to an out-dated and erroneous perception of emotions as at best, irrational, and at worst dangerous. In contrast to this, educational and scientific developments have demonstrated that emotions are a fundamental, inescapable part of learning, teaching and skills development. Harnessing these emotions will therefore have a transformative effect on legal education and enable it to adapt to the needs and demands of the twenty-first century. This book provides a theoretical overview of the role played by emotions in all aspects of the life of the law school. It explores the relationship emotions have with key traditional and contemporary approaches to legal education, the ways in which emotions can be conceptualised, their interaction with the politics and policies of legal education and their role within teaching and learning. The book also considers the importance of emotional wellbeing for both law students and legal academics Overall, this book argues for a more holistic form of legal education in which emotions play a valuable (and valued) role. This requires a new vision for law schools, in which emotions are acknowledged and embedded at all levels, institutional and personal.




Emotions, Values, and the Law


Book Description

Emotions, Values, and the Law brings together ten of John Deigh's essays written over the past fifteen years. In the first five essays, Deigh ask questions about the nature of emotions and the relation of evaluative judgment to the intentionality of emotions, and critically examines the cognitivist theories of emotion that have dominated philosophy and psychology over the past thirty years. A central criticism of these theories is that they do not satisfactorily account for the emotions of babies or animals other than human beings. Drawing on this criticism, Deigh develops an alternative theory of the intentionality of emotions on which the education of emotions explains how human emotions, which innately contain no evaluative thought, come to have evaluative judgments as their principal cognitive component. The second group of five essays challenge the idea of the voluntary as essential to understanding moral responsibility, moral commitment, political obligation, and other moral and political phenomena that have traditionally been thought to depend on people's will. Each of these studies focuses on a different aspect of our common moral and political life and shows, contrary to conventional opinion, that it does not depend on voluntary action or the exercise of a will constituted solely by rational thought. Together, the essays in this collection represent an effort to shift our understanding of the phenomena traditionally studied in moral and political philosophy from that of their being products of reason and will, operating independently of feeling and sentiment to that of their being manifestations of the work of emotion. "Deigh's writing is clear and precise, his arguments are strong, and he uses a wide range of real world examples that give his essays a vibrant and very readable character." - Notre Dame Philosophical Reviews "I believe that Deigh is as clear-headed and insightful a philosopher as is currently at work today in the areas of moral, political, and legal philosophy and moral psychology, and I believe these essays beautifully demonstrate his many virtues." - Herbert Morris, University of California, Low Angeles Law School "[John Deigh] has acquired a very good knowledge of a field which he has very much made his own. No one writes better or thinks more productively on that area of thought where the theory of the emotions, psychoanalysis, value theory, and the theory of law intersect. And if we closely connect the name Deigh with this particular concatenation of topics, I believe that very soon there will be a number of voices clamoring to be heard in this area." - Richard Wollheim, University of California, Berkeley




Emotions, Crime and Justice


Book Description

The return of emotions to debates about crime and criminal justice has been a striking development of recent decades across many jurisdictions. This has been registered in the return of shame to justice procedures, a heightened focus on victims and their emotional needs, fear of crime as a major preoccupation of citizens and politicians, and highly emotionalised public discourses on crime and justice. But how can we best make sense of these developments? Do we need to create "emotionally intelligent" justice systems, or are we messing recklessly with the rational foundations of liberal criminal justice? This volume brings together leading criminologists and sociologists from across the world in a much needed conversation about how to re-calibrate reason and emotion in crime and justice today. The contributions range from the micro-analysis of emotions in violent encounters to the paradoxes and tensions that arise from the emotionalisation of criminal justice in the public sphere. They explore the emotional labour of workers in police and penal institutions, the justice experiences of victims and offenders, and the role of vengeance, forgiveness and regret in the aftermath of violence and conflict resolution. The result is a set of original essays which offer a fresh and timely perspective on problems of crime and justice in contemporary liberal democracies.




Political Emotions


Book Description

How can we achieve and sustain a "decent" liberal society, one that aspires to justice and equal opportunity for all and inspires individuals to sacrifice for the common good? In this book, a continuation of her explorations of emotions and the nature of social justice, Martha Nussbaum makes the case for love. Amid the fears, resentments, and competitive concerns that are endemic even to good societies, public emotions rooted in love—in intense attachments to things outside our control—can foster commitment to shared goals and keep at bay the forces of disgust and envy. Great democratic leaders, including Abraham Lincoln, Mohandas Gandhi, and Martin Luther King Jr., have understood the importance of cultivating emotions. But people attached to liberalism sometimes assume that a theory of public sentiments would run afoul of commitments to freedom and autonomy. Calling into question this perspective, Nussbaum investigates historical proposals for a public "civil religion" or "religion of humanity" by Jean-Jacques Rousseau, Auguste Comte, John Stuart Mill, and Rabindranath Tagore. She offers an account of how a decent society can use resources inherent in human psychology, while limiting the damage done by the darker side of our personalities. And finally she explores the cultivation of emotions that support justice in examples drawn from literature, song, political rhetoric, festivals, memorials, and even the design of public parks. "Love is what gives respect for humanity its life," Nussbaum writes, "making it more than a shell." Political Emotionsis a challenging and ambitious contribution to political philosophy.




Judging and Emotion


Book Description

Judging and Emotion investigates how judicial officers understand, experience, display, manage and deploy emotions in their everyday work, in light of their fundamental commitment to impartiality. Judging and Emotion challenges the conventional assumption that emotion is inherently unpredictable, stressful or a personal quality inconsistent with impartiality. Extensive empirical research with Australian judicial officers demonstrates the ways emotion, emotional capacities and emotion work are integral to judicial practice. Judging and Emotion articulates a broader conception of emotion, as a social practice emerging from interaction, and demonstrates how judicial officers undertake emotion work and use emotion as a resource to achieve impartiality. A key insight is that institutional requirements, including conceptions of impartiality as dispassion, do not completely determine the emotion dimensions of judicial work. Through their everyday work, judicial officers construct and maintain the boundaries of an impartial judicial role which necessarily incorporates emotion and emotion work. Building on a growing interest in emotion in law and social sciences, this book will be of considerable importance to socio-legal scholars, sociologists, the judiciary, legal practitioners and all users of the courts.




Wrightslaw


Book Description

Aimed at parents of and advocates for special needs children, explains how to develop a relationship with a school, monitor a child's progress, understand relevant legislation, and document correspondence and conversations.




Loving Justice


Book Description

A history of legal emotions in William Blackstone’s England and their relationship to justice William Blackstone’s masterpiece, Commentaries on the Laws of England (1765–1769), famously took the “ungodly jumble” of English law and transformed it into an elegant and easily transportable four-volume summary. Soon after publication, the work became an international monument not only to English law, but to universal English concepts of justice and what Blackstone called “the immutable laws of good and evil.” Most legal historians regard the Commentaries as a brilliant application of Enlightenment reasoning to English legal history. Loving Justice contends that Blackstone’s work extends beyond making sense of English law to invoke emotions such as desire, disgust, sadness, embarrassment, terror, tenderness, and happiness. By enlisting an affective aesthetics to represent English law as just, Blackstone created an evocative poetics of justice whose influence persists across the Western world. In doing so, he encouraged readers to feel as much as reason their way to justice. Ultimately, Temple argues that the Commentaries offers a complex map of our affective relationship to juridical culture, one that illuminates both individual and communal understandings of our search for justice, and is crucial for understanding both justice and injustice today.