Journal ArticleDOI
Emotion and the Law
Reads0
Chats0
TLDR
The field of law and emotion draws from a range of disciplines in the sciences, social sciences, and humanities to shed light on the emotions that pervade the legal system as mentioned in this paper.Abstract:
The field of law and emotion draws from a range of disciplines in the sciences, social sciences, and humanities to shed light on the emotions that pervade the legal system. It utilizes insights from these disciplines to illuminate and assess the implicit and explicit assumptions about emotion that animate legal reasoning, legal doctrine, the behavior of legal actors, and the structure of legal institutions. In light of law's focus on influencing social norms and on structuring effective and just institutions, one development that holds enormous promise is the growing interdisciplinary interest in collective decision making and in the emotional dynamics of groups. Work in the affective sciences on how emotion and cognition interact is another rich vein for legal scholars interested in the assessment of responsibility and blame, the role of morality in law, and a host of other areas. Another important frontier is exploration of concrete solutions to the problems identified by law and emotion scholars.read more
Citations
More filters
Journal ArticleDOI
Legal Socialization: Coercion versus Consent in an Era of Mistrust
Rick Trinkner,Tom R. Tyler +1 more
Abstract: Legal socialization is the process whereby people develop their relationship with the law via the acquisition of law-related values, attitudes, and reasoning capacities. Research on legal socialization distinguishes between two different orientations toward the law: coercive and consensual. Coercive orientations are rooted in the use of force and punishment, ultimately leading to an instrumentally focused relationship built on dominance. Consensual orientations are rooted in the acquisition of values encompassing concerns over treatment, decision making, and boundaries. When authorities embody these values, they promote trust and legitimacy and foster a relationship built on shared values and the voluntary acceptance of legal authority. Despite these findings, the appropriateness of a consensual over a coercive approach is heavily contested across legal and nonlegal contexts. However, research consistently demonstrates that socializing supportive values and encouraging favorable attitudes not only motivat...
Journal ArticleDOI
Planning with half a mind: Why planners resist emotion
TL;DR: In this paper, the authors show why emotional understanding matters for planning, examine the nature of emotional experience, and describe how Enlightenment culture hinders comprehension, and contrast the paucity of published interest in emotion in planning.
Journal ArticleDOI
A Sociological Perspective on Emotions in the Judiciary
Abstract: Introducing a sociological perspective on judicial emotions, we argue that previous studies underemphasize structural and interactional dimensions. Through key concepts in the sociology of emotions we relate professional court actors’ emotion management to the emotional regime of the judiciary. Examples from the Swedish judiciary illustrate three main arguments: (a) The idea of rational justice as nonemotional must be investigated as a joint accomplishment including collective emotion management; (b) Judicial objectivity requires situated emotion management and empathy, orientated by emotions of pride/shame; (c) The structural dimensions of power/status mitigate feeling and display rules. The situated power of the judge is upheld by ritual deference from other court professionals. Concluding, we suggest topics to develop structural and interactional perspectives on judicial emotion.
Posted Content
The Emotional Dimension in Legal Regulation
TL;DR: In this article, the authors argue that the study of legal regulation can be further developed through an analysis of emotions because it can bring into sharper focus the social nature of regulation, and discuss the notion of regulatory law as an emotional process.
MonographDOI
Emotions in Late Modernity
Roger Patulny,Alberto Bellocchi,Rebecca E. Olson,Sukhmani Khorana,Jordan J McKenzie,Michelle Peterie +5 more
TL;DR: The Emotions in Late Modernity collection as mentioned in this paper discusses how the individualised, reflexive, late modern era has changed the way we experience and act on our emotions and reveals tension between collectivised and individualised-privatised emotions in investigating "emotional sharing" and individualized responsibility for anger crimes in courtrooms; and the generation of emotional energy and achievement emotions in classrooms.
References
More filters
Journal ArticleDOI
The emotional dog and its rational tail: a social intuitionist approach to moral judgment.
TL;DR: The author gives 4 reasons for considering the hypothesis that moral reasoning does not cause moral judgment; rather, moral reasoning is usually a post hoc construction, generated after a judgment has been reached.
Posted Content
Risk as Feelings
TL;DR: It is shown that emotional reactions to risky situations often diverge from cognitive assessments of those risks, and when such divergence occurs, emotional reactions often drive behavior.
Journal ArticleDOI
Risk as feelings.
TL;DR: This article proposed the risk-as-feelings hypothesis, which highlights the role of affect experienced at the moment of decision making, and showed that emotional reactions to risky situations often diverge from cognitive assessments of those risks.
Journal ArticleDOI
An fMRI Investigation of Emotional Engagement in Moral Judgment
Joshua D. Greene,R. Brian Sommerville,Leigh E. Nystrom,John M. Darley,Jonathan D. Cohen,Jonathan D. Cohen +5 more
TL;DR: It is argued that moral dilemmas vary systematically in the extent to which they engage emotional processing and that these variations in emotional engagement influence moral judgment.
Journal ArticleDOI
The Ripple Effect: Emotional Contagion and Its Influence on Group Behavior
TL;DR: Group emotional contagion, the transfer of moods among people in a group, and its influence on work group dynamics was examined in a laboratory study of managerial decision making using multiple, c...