ebook img

Research Handbook on Law and Emotion PDF

634 Pages·2021·3.518 MB·English
Save to my drive
Quick download
Download
Most books are stored in the elastic cloud where traffic is expensive. For this reason, we have a limit on daily download.

Preview Research Handbook on Law and Emotion

RESEARCH HANDBOOK ON LAW AND EMOTION RESEARCH HANDBOOKS IN LEGAL THEORY Research Handbooks in Legal Theory are designed to provide original and sophisticated dis- cussions from an international and expert range of contributors. The volumes in this important series cover key topics within the field as well as major schools of thought, and also explore the application of legal theory to different areas of law. Comprising specially commissioned chapters from leading academics each Research Handbook brings together cutting-edge ideas and thought-provoking contributions and is written with a wide readership in mind. Equally useful as reference tools or high-level introductions to specific topics, issues, methods and debates, these Research Handbooks will be an essential resource for academic researchers and postgraduate students. Titles in this series include: Research Handbook on Feminist Jurisprudence Edited by Robin West and Cynthia Grant Bowman Research Handbook on Critical Legal Theory Edited by Emilios Christodoulidis, Ruth Dukes and Marco Goldoni Research Handbook on Natural Law Theory Edited by Jonathan Crowe and Constance Youngwon Lee Research Handbook on Private Law Theory Edited by Hanoch Dagan and Benjamin C. Zipursky Research Handbook on Modern Legal Realism Edited by Shauhin Talesh, Elizabeth Mertz and Heinz Klug Research Handbook on Law and Emotion Edited by Susan A. Bandes, Jody Lyneé Madeira, Kathryn D. Temple and Emily Kidd White Research Handbook on Law and Emotion Edited by Susan A. Bandes Centennial Professor of Law Emeritus, DePaul University College of Law, USA Jody Lyneé Madeira Professor of Law and Louis F. Niezer Faculty Fellow, Maurer School of Law, Indiana University, USA Kathryn D. Temple Professor of Law and Culture, Department of English, Georgetown University, USA Emily Kidd White Assistant Professor, Osgoode Hall Law School, York University, Canada RESEARCH HANDBOOKS IN LEGAL THEORY Cheltenham, UK • Northampton, MA, USA © The Editors and Contributors Severally 2021 Cover image: Paweł Czerwiński on Unsplash. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical or photocopying, recording, or otherwise without the prior permission of the publisher. Published by Edward Elgar Publishing Limited The Lypiatts 15 Lansdown Road Cheltenham Glos GL50 2JA UK Edward Elgar Publishing, Inc. William Pratt House 9 Dewey Court Northampton Massachusetts 01060 USA A catalogue record for this book is available from the British Library Library of Congress Control Number: 2021930673 This book is available electronically in the Law subject collection http://dx.doi.org/10.4337/9781788119085 ISBN 978 1 78811 907 8 (cased) ISBN 978 1 78811 908 5 (eBook) 6 0 Contents List of contributors viii Acknowledgements xvi Introduction 1 Susan A. Bandes, Jody Lyneé Madeira, Kathryn D. Temple and Emily Kidd White PART I FOUNDATIONS PSYCHOLOGY 1 Lay conceptions of emotion in law 15 Terry A. Maroney NEUROSCIENCE 2 The evolving neuroscience of emotion: challenges and opportunities for integration with the law 27 Maria Gendron PHILOSOPHY 3 Law’s sentiments 44 Robin West PEDAGOGY 4 “Whose body is this?” on the role of emotion in teaching and learning law 62 Gillian Calder PART II EMOTIONS 5 When souls shudder: A brief history of disgust and the law 80 Carlton Patrick 6 Retribution: Not anger but respect for dignity 94 Jeffrie G. Murphy 7 Closure in the criminal courtroom: The birth and strange career of an emotion 102 Susan A. Bandes 8 The aptness of anger 119 Amia Srinivasan v vi Research handbook on law and emotion 9 Remorse: Multi-disciplinary perspectives on how law makes use of a moral emotion 131 Steven Tudor, Michael Proeve, Richard Weisman and Kate Rossmanith PART III LEGAL ACTORS 10 Comparing culturally embedded frames of judicial dispassion 147 Åsa Wettergren and Stina Bergman Blix 11 The loyal defence lawyer 165 Lisa Flower 12 Researching judicial emotion and emotion management 180 Sharyn Roach Anleu, Jennifer K. Elek and Kathy Mack PART IV LEGAL DOCTRINES 13 Family law and emotion 197 June Carbone and Naomi Cahn 14 Debt’s emotional encumbrances 215 Pamela Foohey 15 The emotional dynamics of property law 229 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 248 Emma Jones 17 Engaging head and heart: An Australian story on the role of compassion in criminal justice reform 268 Lorana Bartels and Anthony Hopkins PART V LEGAL DECISION-MAKING 18 Emotional evidence in court 288 Hannah J. Phalen, Jessica M. Salerno, and Janice Nadler 19 Emotional dimensions of visual evidence 312 Neal Feigenson 20 Distancing devices and their challenge to judicial emotion realists – so far, yet so near 327 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’ 342 Jennifer M. Kilty Contents vii PART VI HISTORY OF LEGAL EMOTIONS 22 Love in the courtroom: The debate on crimes of passion in late nineteenth-century Italy 359 Emilia Musumeci 23 Lawyerization, providence, and emotion in the eighteenth-century criminal trial 374 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 391 Nicole Mansfield Wright 25 Curiosity and legal affect in Fulbeck’s A Direction or Preparative to the Study of the Lawe 407 Simon Stern 26 Why the law needs the history of emotions: William Blackstone, Agamben and form-of-life 421 Kathryn D. Temple PART VII BEYOND THE COURTROOM LEGISLATION 27 Soft targets: Emotions in the passage of “stand your ground” legislation 438 Jody Lyneé Madeira and Catherine Wheatley INTERNATIONAL LAWS AND TRIBUNALS 28 Between micro and macro justice: Emotions in transitional justice 460 Susanne Karstedt 29 How the emotions and perceptual judgments of frontline actors shape the practice of international humanitarian law 477 Rebecca Sutton 30 Images of reach, range, and recognition: Thinking about emotions in the study of international law 492 Emily Kidd White PART VIII CLASSIC ARTICLES 31 Empathy, narrative, and victim impact statements (1996) 514 Susan A. Bandes 32 Law and emotion: A proposed taxonomy of an emerging field 534 Terry A. Maroney 33 Who’s afraid of law and the emotions 566 Kathryn Abrams and Hila Keren Index 601 Contributors Kathryn Abrams is Herma Hill Kay Distinguished Professor of Law at UC-Berkeley School of Law, where she teaches Constitutional Law, Feminist Jurisprudence, and a range of courses on law and social movements to both law students and undergraduates. Kathy’s early work on feminist theory and advocacy led to explorations of experiential storytelling, and the ways that oppressed groups cultivate and express agency under circumstances of constraint. This work also drew her interest to the role of, and resistance to, emotionally-grounded argumentation in law. Kathy’s recent work has focused more explicitly on social movements, including their storytelling and management and manifestation of emotions. She is now completing a book on the undocumented immigrants’ movement in Phoenix, Arizona. She holds a BA from Harvard and a JD from Yale Law School. Susan A. Bandes is Centennial Distinguished Professor Emeritus at DePaul University College of Law. Before entering academia, she was staff counsel for the Illinois ACLU. She is a member of the American Law Institute and a fellow of the American Bar Foundation. Bandes has published widely in the fields of federal jurisdiction, criminal procedure, capital punish- ment, and law and emotion. Her interdisciplinary anthology on law and emotion, The Passions of Law, was published by NYU Press in 2000. She is a cofounder (with Jody Madeira) of the Collaborative Research Network on Law and Emotion, which is affiliated with the Law and Society Association. In addition to writing about emotion, she is currently working with psy- chologists on a series of experiments on the impact of emotionally powerful evidence on jury decision-making. In addition, she addresses judges, lawyers and other groups on the impact of emotion and assumptions about emotion on the pursuit of justice. Lorana Bartels is the Program Leader and Professor of Criminology at the Australian National University and an Adjunct Professor of Law at the University of Canberra and University of Tasmania. She is also a Fellow of the Australian Academy of Law and Life Member of Clare Hall at the University of Cambridge. Her key research interests are therapeutic jurisprudence, sentencing, corrections, and the treatment of women and Indigenous peoples in the criminal justice system. Stina Bergman Blix is Associate Professor of Sociology at Uppsala University. She researches the role of emotions in professional work, rationality, law, theatre and qual- itative methods. She is currently principal investigator of an international comparative project (JUSTEMOTIONS) funded by the European Research Council investigating the emotive-cognitive process of judicial decision-making. Her work has been published in journals such as Emotion Review and Qualitative Research and she has written Professional Emotions in Court: A Sociological Perspective (Routledge, 2018) with Åsa Wettergren. Naomi Cahn is Professor of Law at University of Virginia. She has written numerous law review articles on elder law, family law, reproductive technology, and trusts and estates. She has co-authored various casebooks, and the fifth edition of her co-authored family law case- book was published in 2019. In addition, she has written numerous books, including – with viii Contributors ix Professor June Carbone—Marriage Markets (OUP 2014) and Red Families v. Blue Families (2010). Gillian Calder is an Associate Professor at the University of Victoria’s Faculty of Law. She holds a Magisteriate in Laws from York University and teaches constitutional law, family law and related seminars. Her research examines the ways that law shapes our understanding of the family, through performative, feminist and critical pedagogy lenses. June Carbone is the Robina Chair of Law, Science and Technology at the University of Minnesota Law School. She received her J.D. from the Yale Law School, and her A.B. from the Woodrow Wilson School of Public and International Affairs at Princeton University. She teaches Property, Family Law, and Assisted Reproduction and the Family. She has written From Partners to Parents: The Second Revolution in Family Law (Columbia University Press, 2000), the third, fourth and fifth editions of Family Law with Leslie Harris and the late Lee Teitelbaum (Aspen, 2005, 2009, 2014), Red Families v. Blue Families (Oxford University Press, 2010); Marriage Markets: How Inequality is Remaking the American Family (Oxford University Press, 2014), both with Naomi Cahn. Heather Conway is a Full Professor of Property Law and Death Studies at the School of Law, Queen’s University Belfast. She has written articles on emotion in selected aspects of property law and succession law, and—with her colleague John Stannard—co-edited a volume of essays entitled The Emotional Dynamics of Law and Legal Discourse (Hart Publishing, 2016). Professor Conway’s main research expertise lies in bodily disposal laws and the legal frame- work governing the fate of the recently dead, especially family disputes surrounding funerals, commemoration and exhumation. She has written and presented extensively in this area, and is the author of The Law and the Dead (Routledge, 2016). Jennifer K. Elek, Ph.D., is a Senior Court Research Associate in the Research Division at the National Center for State Courts. Since joining the National Center for State Courts in 2010, her work has focused on evidence-based criminal justice policies and practices for courts; decision-making biases and fairness in the courts; and judicial education and professional development. Some of her other research includes work on the use of structured risk and needs assessments to inform decision-making, program evaluations of problem-solving courts, and judicial performance evaluation in the states. Neal Feigenson is Professor of Law at Quinnipiac University School of Law, where he teaches torts, evidence, visual persuasion in the law, and civil procedure. He researches and writes about the cognitive and social psychology of legal judgment and the uses of visual media and multimedia in legal communication and persuasion. His most recent book is Experiencing Other Minds in the Courtroom (University of Chicago Press, 2016). Lisa Flower has a Ph.D. in sociology and has recently published her first book Interactional Justice: The Role of Emotions in the Performance of Loyalty. She is a lecturer in sociology and criminology at Lund University. Her most recent research project explores the clash of emotional expectations between legal professionals and lay participants by studying live reports in online media. Pamela Foohey is Professor of Law at the Indiana University Maurer School of Law and Chair of the Advisory Board to Indiana University’s Center for Law, Society & Culture. x Research handbook on law and emotion Professor Foohey’s research centers on bankruptcy, business, consumer finance, and commer- cial law. She is a co-principal investigator on the Consumer Bankruptcy Project, an on-going, long-term research project studying persons who file bankruptcy. Her work in business bank- ruptcy focuses on non-profit entities, with a particular emphasis on how churches and other religious organizations use bankruptcy. Professor Foohey currently serves on the editorial advisory board of the American Bankruptcy Law Journal, which is a peer-reviewed academic law review published by the National Conference of Bankruptcy Judges. Maria Gendron is an Assistant Professor of Psychology at Yale University. She received her Ph.D in Social Psychology from Boston College in 2013 and completed a post-doctoral fel- lowship in Affective Neuroscience at Northeastern University. Dr Gendron conducts research on the nature of emotion, with a particular focus on the sources of variation in emotional responses across contexts, individuals, and cultures. Her research incorporates methods and theory from social psychology, cultural psychology, and affective neuroscience. Anthony Hopkins is a Senior Lecturer at the Australian National University College of Law. He is also a criminal defence barrister who began his career in Alice Springs, working for Aboriginal Legal Aid. Anthony’s research focuses on the criminal justice system, equality and the importance of understanding the experience of ‘others’. More recently he has focused on exploring the links between equality, compassion and therapeutic jurisprudence. Emma Jones is a Senior Lecturer and Director of Student Wellbeing for the School of Law at the University of Sheffield, UK. Her research interests focus on the role of emotions in private law, legal education and the legal profession. She undertakes both theoretical and empirical work. Her monographs include Emotions in the Law School: Transforming Legal Education Through the Passions. Emma previously qualified as a teacher and practised as a solicitor, specializing in construction law. Susanne Karstedt is a Professor in the School of Criminology and Criminal Justice and the Criminology Institute at Griffith University, Australia. She was among the first to establish emotion research in criminology (with I. Loader and H. Strang, Emotions, Crime and Justice, 2011), and has written widely on emotions in contemporary criminal justice. Most recent work focuses on emotion dynamics in genocide and crimes against humanity, and in transitional justice processes dealing with such crimes. She is a Fellow of the Academy of the Social Sciences in Australia. Hila Keren is a Law Professor and the Associate Dean of Research at Southwestern Law School in Los Angeles, where she teaches contracts and business associations. Her scholarship is often interdisciplinary and aims at bringing the perspective of the other into legal analysis in the hope that law can help to foster a more egalitarian world. As part of this aspiration, Hila writes about the interaction of law and the emotions to enrich conventional legal thinking with knowledge about human beings and their vulnerabilities. In recent years, Hila’s work includes in-depth criticism of neoliberalism: the way it took over our lives, including our emotions and the legal reforms that are badly needed to undo some of the damage. She earned her law degree and Ph.D. from the Hebrew University of Jerusalem in Israel and completed a two-year post-doctorate fellowship at UC Berkeley’s Center of Law and Society. Emily Kidd White is an Assistant Professor at Osgoode Hall Law School. She holds a J.S.D. and an LL.M. from New York University School of Law. She writes on topics of constitutional

See more

The list of books you might like

Most books are stored in the elastic cloud where traffic is expensive. For this reason, we have a limit on daily download.