Wildy Logo
(020) 7242 5778
enquiries@wildy.com

Book of the Month

Cover of Derham on the Law of Set Off

Derham on the Law of Set Off

Price: £350.00

Lord Denning: Life, Law and Legacy



  


Welcome to Wildys

Watch


NEW EDITION
The Law of Rights of Light 2nd ed



 Jonathan Karas


Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


Christmas and New Year Closing

We are now closed for the Christmas and New Year period, reopening on Friday 3rd January 2025. Orders placed during this time will be processed upon our return on 3rd January.

Hide this message

Research Handbook on Law and Emotion

Edited by: Susan A. Bandes, Jody LyneƩ Madeira, Kathryn D. Temple, Emily Kidd White

ISBN13: 9781788119078
Published: April 2021
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £246.00



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.

International expert contributors take multidisciplinary approaches, drawing on neuroscience, philosophy, literary theory, psychology, history, and sociology to examine the role of a wide range of emotions across a variety of legal contexts. Chapters consider how the rich tapestry of human emotion impacts legal actors, influences legal doctrine, and shapes the dynamics of legal institutions. Moving beyond legal contexts traditionally considered rife with emotion such as the criminal law and jury trials, the Handbook explores how emotion relates to contracts, property, bankruptcy, international law, and truth and reconciliation commissions. It also reflects on the importance of research methodologies, theories, and techniques for assessing the role of emotion in the legal arena.

Surveying the depth and complexity of law and emotion across a panoply of legal actions, institutional contexts, and legal doctrines, this Research Handbook will be critical reading for academics and students of legal theory and legal philosophy. Its detailed examination of emotions in the practice of private, public, international, and criminal law will also be beneficial for lawyers, judges, and policymakers.

Contents:
Introduction
Susan A. Bandes, Jody Lyneé Madeira, Kathryn D. Temple and Emily Kidd White
PART I. FOUNDATIONS
PSYCHOLOGY
1. Lay conceptions of emotion in law
Terry A. Maroney
NEUROSCIENCE
2. The evolving neuroscience of emotion: challenges and opportunities for integration with the law
Maria Gendron
PHILOSOPHY
3. Law’s sentiments
Robin West
PEDAGOGY
4. “Whose body is this?” on the role of emotion in teaching and learning law
Gillian Calder
PART II. EMOTIONS
5. When souls shudder: A brief history of disgust and the law
Carlton Patrick
6. Retribution: Not anger but respect for dignity
Jeffrie G. Murphy
7. Closure in the criminal courtroom: The birth and strange career of an emotion
Susan A. Bandes
8. The aptness of anger
Amia Srinivasan
9. Remorse: Multi-disciplinary perspectives on how law makes use of a moral emotion
Steven Tudor, Michael Proeve, Richard Weisman and Kate Rossmanith
PART III. LEGAL ACTORS
10. Comparing culturally embedded frames of judicial dispassion
Åsa Wettergren and Stina Bergman Blix
11. The loyal defence lawyer
Lisa Flower
12. Researching judicial emotion and emotion management
Sharyn Roach Anleu, Jennifer K. Elek and Kathy Mack
PART IV. LEGAL DOCTRINES
13. Family law and emotion
June Carbone and Naomi Cahn
14. Debt’s emotional encumbrances
Pamela Foohey
15. The emotional dynamics of property law
Heather Conway and John Stannard
16. ‘…You don’t pay £100,000 to a lawyer unless you care about something’: The role of emotion in contract law
Emma Jones
17. Engaging head and heart: An Australian story on the role of compassion in criminal justice reform
Lorana Bartels and Anthony Hopkins
PART V. LEGAL DECISION-MAKING
18. Emotional evidence in court
Hannah J. Phalen, Jessica M. Salerno, and Janice Nadler
19. Emotional dimensions of visual evidence
Neal Feigenson
20. Distancing devices and their challenge to judicial emotion realists – so far, yet so near
Lee Marsons
21. The emotional storying of Charles Ssenyonga as an HIV sexual predator in June Callwood’s ‘Trial Without End: A Shocking Story of Women and AIDS’
Jennifer M. Kilty
PART VI. HISTORY OF LEGAL EMOTIONS
22. Love in the courtroom: The debate on crimes of passion in late nineteenth-century Italy
Emilia Musumeci
23. Lawyerization, providence, and emotion in the eighteenth-century criminal trial
Amy Milka and David Lemmings
24. Copping an attitude: Slang and the neglected racial history of fear and resentment toward law enforcement and legal authority
Nicole Mansfield Wright
25. Curiosity and legal affect in Fulbeck’s A Direction or Preparative to the Study of the Lawe
Simon Stern
26. Why the law needs the history of emotions: William Blackstone, Agamben and form-of-life
Kathryn D. Temple
PART VII. BEYOND THE COURTROOM
LEGISLATION
27. Soft targets: Emotions in the passage of “stand your ground” legislation
Jody Lyneé Madeira and Catherine Wheatley
INTERNATIONAL LAWS AND TRIBUNAL
28. Between micro and macro justice: Emotions in transitional justice
Susanne Karstedt
29. How the emotions and perceptual judgments of frontline actors shape the practice of international humanitarian law
Rebecca Sutton
30. Images of reach, range, and recognition: Thinking about emotions in the study of international law
Emily Kidd White
PART VIII. CLASSIC ARTICLES
31. Empathy, narrative, and victim impact statements (1996)
Susan A. Bandes
32. Law and emotion: A proposed taxonomy of an emerging field
Terry A. Maroney
33. Who’s afraid of law and the emotions
Kathryn Abrams and Hila Keren
Index