Law and Emotions
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Recent papers in Law and Emotions
This article is intended as a systematic, quantitative study of the occurrence of emotion-related terms in the discourse of Polish case law on personal injury. My purpose is to show the scale (prevalence) and range (variety) of references... more
Judges are required to suppress and manage their own emotions as well as those of other court users and staff in their everyday work. Previous studies have examined the complex emotional labour undertaken by judges, but there is limited... more
In "Heart Versus Head," Rachlinski, Guthrie, and Wistrich present experimental findings suggesting that judges sometimes rule on the basis of emotion rather than reason. Though there is much of value in their findings, they have... more
Generations of lawyers have been taught that thinking like a lawyer requires putting emotion aside. They are warned, for example, that anger will blind them to the facts as they really are. Yet cognitive science rejects the notion that... more
Με την παρούσα μελέτη επιχειρείται μία προσέγγιση της σχέσης και αλληλεπίδρασης μεταξύ δικαίου και συναισθήματος, ορμώμενη αλλά μη περιοριζόμενη σε Νομικά Κινήματα, όπως «Δίκαιο και Συναισθήματα» (Law and Emotions) και «Δίκαιο και Αγαπή»... more
A vivid academic framework for the analysis of Jewish prayers.
- by Tzvee Zahavy
"Emotion und Recht: Über ein schwieriges Verhältnis", in: Emotions- und Affektsoziologie: Eine Einführung, hg. v. Aletta Diefenbach and Veronika Zink, Berlin, Boston: De Gruyter Oldenbourg 2024, S. 155-172.... more
Guilt poses a unique evolutionary problem. Unlike other dysphoric emotions, it is not immediately clear what its adaptive significance is. One can imagine thriving despite or even because of a lack of guilt. In this article, we review... more
This Commentary proposes that the criminal law should include a generic, doctrinal mitigating excuse of partial responsibility that would apply to all crimes, and that would be determined by the trier of fact.' This partial excuse... more
Although traditionally conceived as an arena of pure rationality, law has always been deeply affected by emotions. Even more, International Law-widely considered as a more primitive legal system than the domestic ones-can easily be... more
This article explores the role of emotion and alienation in protracted conflict and makes suggestions as to how they might be managed. First we note the scant attention given to these topics in the mediation and negotiation literature.... more
Although most researchers maintain that shame and guilt are distinct emotions, the debate on their differences is still open. We aim to show that some of the current distinctions between shame and guilt need to be redrawn, and their... more
The timelessness of the matters of love and heartbreak is evident from the place that these themes have historically held in the literature. Fictional representations of love and estrangement are frequently recovered within legal... more
Kleists ›Michael Kohlhaas‹ und das Politische Oder: vom Recht zur Macht (und zur Geschichte des Rechtsgefühls) Kein Text von Kleist führt politische Machtkommunikation so explizit und un mittelbar vor wie ›Michael Kohlhaas‹. Dies nicht... more
We argue that the emotion of guilt, in the sense of actual harm done to others from inappropriate action or inaction, is worthwhile to incorporate in evolutionary game models, as it can lead to increased cooperation, whether by promoting... more
This presentation tried to find relation between guilt, religion, and aggression. The crucial point of this presentation is to analyse the role of religion and religiosity in the relation between guilt and aggression
Many see the mithnagdim as total rationalists. Therefore it has been assumed that R. Hayyim of Volozhin's approach to Torah study was the same. Although rationalism may be a correct characterization of the method he used in talmudic... more