The Passions of Law / Edition 1

by Susan Bandes

Overview

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.
Learn more about Susan Bandes

Product Details

ISBN-13:	9780814713068
Publisher:	New York University Press
Publication date:	05/01/2001
Series:	Critical America , #67
Pages:	368
Product dimensions:	6.00(w) x 9.00(h) x 6.00(d)

About the Author

Susan Bandes is Emeritus Centennial Distinguished Professor of Law at DePaul University and the author of our The Passions of Law (NYUP, 2000).

Table of Contents

PART I:     DISGUST & SHAME
1.   "Secret Sewers of Vice": Disgust, Bodies, and the Law
      Martha C. Nussbaum

2.   The Progressive Appropriation of Disgust
      Dan M. Kahan

3.   Show(Some)Emotions
      Toni M. Massaro

PART II:     REMORSE AND THE DESIRE FOR REVENGE
4.   Justice v. Vengeance: On Law and the Satisfaction of Emotion
     Robert C. Solomon

5.   Moral Epistemology, the Retributive Emotions, and the
      "Clumsy Moral Philosophy" of Jesus Christ
      Jeffrie G. Murphy

6.   Remorse, Responsibility, and Criminal Punishment:
      An Analysis of Popular Culture
      Austin Sarat

7.   Democratic Dis-ease: Of Anger and the Troubling Nature of Punishment
      Danielle S. Allen

PART III:     LOVE, FORGIVENESS, AND COWARDICE
8.   Making Up Emotional People: The Case of Romantic Love
      Cheshire Calhoun

9.   Fear, Weak Legs, and Running Away: A Soldier's Story
      William Ian Miller

10   Institutions and Emotions: Redressing Mass Violence
       Martha Minow

PART IV:     THE PASSION FOR JUSTICE
11.  Emotion and the Authority of Law: Variation on
       Themes in Bentham and Austin
       John Deigh

12    Emotion vs. Emotionalism in Law
        Richard A. Posner

13    Harlan, Holmes, and the Passions of Justice
        Samuel H. Pillsbury

Index

 

What People are Saying About This

Jack Balkin

A fascinating and wide-ranging series of essays on the role that emotion plays in the legal order.

From the Publisher

"The ostensible polarity between reason and emotion is central to many approaches to law. Susan Bandes offers valuable criticism of this view by noting the important roles that emotion and passion in fact play within the law. She has also brought together an outstanding collection of essays that, by addressing the issue from all perspectives, allows the reader to confront the issue in all of its complexity."

-Sanford Levinson,coeditor of Constitutional Stupidities/Constitutional Tragedies

"This splendid collection of engaging, user-friendly essays reveals in vivid detail how emotions are as much a part of the fabric of law as of the rest of life. Among the verdicts that emerge from these careful explorations is the long-overdue acquittal of passion on the charge of always sabotaging reason and justice."

-Elizabeth V. Spelman,Professor, Smith College, and author of Fruits of Sorrow: Framing Our Attention to Suffering

"An exciting intellectual adventure. If that type of voyage interests you, almost any page of this book will be a trip."

-New York Law Journal,

"An excellent collection of original essays . . .the current volume shines by being able to introduce these disparate approaches on emotions into a shared discourse."

-The Law and Politics Book Review,

"A fascinating and wide-ranging series on the role that emotion plays in the legal order."

-Jack Balkin

Editorial Reviews

"This splendid collection of engaging, user-friendly essays reveals in vivid detail how emotions are as much a part of the fabric of law as of the rest of life. Among the verdicts that emerge from these careful explorations is the long-overdue acquittal of passion on the charge of always sabotaging reason and justice."

Elizabeth V. Spelman

"A fascinating and wide-ranging series on the role that emotion plays in the legal order."

Jack Balkin

"The ostensible polarity between reason and emotion is central to many approaches to law. Susan Bandes offers valuable criticism of this view by noting the important roles that emotion and passion in fact play within the law. She has also brought together an outstanding collection of essays that, by addressing the issue from all perspectives, allows the reader to confront the issue in all of its complexity."

Sanford Levinson

"An exciting intellectual adventure. If that type of voyage interests you, almost any page of this book will be a trip."

New York Law Journal

"An excellent collection of original essays . . .the current volume shines by being able to introduce these disparate approaches on emotions into a shared discourse."

The Law and Politics Book Review

"A fascinating and wide-ranging series on the role that emotion plays in the legal order."

-Jack Balkin

"An exciting intellectual adventure. If that type of voyage interests you, almost any page of this book will be a trip."

- New York Law Journal

"An excellent collection of original essays . . .the current volume shines by being able to introduce these disparate approaches on emotions into a shared discourse."

- The Law and Politics Book Review

"The ostensible polarity between reason and emotion is central to many approaches to law. Susan Bandes offers valuable criticism of this view by noting the important roles that emotion and passion in fact play within the law. She has also brought together an outstanding collection of essays that, by addressing the issue from all perspectives, allows the reader to confront the issue in all of its complexity."

-Sanford Levinson,coeditor of Constitutional Stupidities/Constitutional Tragedies

"This splendid collection of engaging, user-friendly essays reveals in vivid detail how emotions are as much a part of the fabric of law as of the rest of life. Among the verdicts that emerge from these careful explorations is the long-overdue acquittal of passion on the charge of always sabotaging reason and justice."

-Elizabeth V. Spelman,Professor, Smith College, and author of Fruits of Sorrow: Framing Our Attention to Suffering

From the Publisher