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Author: Heather Conway
Publisher: Bloomsbury Publishing
ISBN: 1509902473
Category : Law
Languages : en
Pages : 320
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Book Description
In his seminal work, Emotional Intelligence, Daniel Goleman suggests that the common view of human intelligence is far too narrow and that emotions play a much greater role in thought, decision-making and individual success than is commonly acknowledged. The importance of emotion to human experience cannot be denied, yet the relationship between law and emotion is one that has largely been ignored until recent years. However, the last two decades have seen a rapidly expanding interest among scholars of all disciplines into the way in which law and the emotions interact, including the law's response to emotion and the extent to which emotions pervade the practice of the law. In The Emotional Dynamics of Law and Legal Discourse a group of leading scholars from both sides of the Atlantic explore these issues across key areas of private law, public law, criminal justice and dispute resolution, illustrating how emotion infuses all areas of legal thought. The collection argues for a more positive view of the role of emotion in the context of legal discourse and demonstrates ways in which the law could, in the words of Goleman, become more emotionally intelligent.
Author: Heather Conway
Publisher: Bloomsbury Publishing
ISBN: 1509902473
Category : Law
Languages : en
Pages : 320
Get Book
Book Description
In his seminal work, Emotional Intelligence, Daniel Goleman suggests that the common view of human intelligence is far too narrow and that emotions play a much greater role in thought, decision-making and individual success than is commonly acknowledged. The importance of emotion to human experience cannot be denied, yet the relationship between law and emotion is one that has largely been ignored until recent years. However, the last two decades have seen a rapidly expanding interest among scholars of all disciplines into the way in which law and the emotions interact, including the law's response to emotion and the extent to which emotions pervade the practice of the law. In The Emotional Dynamics of Law and Legal Discourse a group of leading scholars from both sides of the Atlantic explore these issues across key areas of private law, public law, criminal justice and dispute resolution, illustrating how emotion infuses all areas of legal thought. The collection argues for a more positive view of the role of emotion in the context of legal discourse and demonstrates ways in which the law could, in the words of Goleman, become more emotionally intelligent.
Author: Alexandra Braun
Publisher: Oxford University Press
ISBN: 0198757255
Category : Law
Languages : en
Pages : 417
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Book Description
Renowned scholar of comparative private law Alexandra Braun examines the law of testamentary promises, details what happens when these promises are broken, and compares how and when the interests of beneficiaries of testamentary promises are protected across a number of legal systems.
Author: Susan A. Bandes
Publisher: Edward Elgar Publishing
ISBN: 1788119088
Category : Law
Languages : en
Pages : 640
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Book Description
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.
Author: Roger Patulny
Publisher: Routledge
ISBN: 1351133292
Category : Social Science
Languages : en
Pages : 341
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Book Description
This international collection discusses how the individualised, reflexive, late modern era has changed the way we experience and act on our emotions. Divided into four sections that include studies ranging across multiple continents and centuries, Emotions in Late Modernity does the following: Demonstrates an increased awareness and experience of emotional complexity in late modernity by challenging the legal emotional/rational divide; positive/negative concepts of emotional valence; sociological/ philosophical/psychological divisions around emotion, morality and gender; and traditional understandings of love and loneliness. Reveals tension between collectivised and individualised-privatised emotions in investigating ‘emotional sharing’ and individualised responsibility for anger crimes in courtrooms; and the generation of emotional energy and achievement emotions in classrooms. Debates the increasing mediation of emotions by contrasting their historical mediation (through texts and bodies) with contemporary digital mediation of emotions in classroom teaching, collective mobilisations (e.g. riots) and film and documentary representations. Demonstrates reflexive micro and macro management of emotions, with examinations of the ‘politics of fear’ around asylum seeking and religious subjects, and collective commitment to climate change mitigation. The first collection to investigate the changing nature of emotional experience in contemporary times, Emotions in Late Modernity will appeal to students and researchers interested in fields such as sociology of emotions, cultural studies, political science and psychology. Chapter 2 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.
Author: Katie Barclay
Publisher: Bloomsbury Publishing
ISBN: 1350307556
Category : History
Languages : en
Pages : 195
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Book Description
This student guide introduces the key concepts, theories and approaches to the history of emotions while teaching readers how to apply these ideas to historical source material. Covering the main emotions approaches and providing a range of global case studies and historical sources with which to apply learning, this textbook provides a 'how to' guide for those new to the field and for those learning how historians apply methods to source material. Written in clear and accessible language, each chapter is accompanied by further reading, while surveying many of the main areas of current research and providing ideas for personal research projects and further learning. This methodological guide is ideal for students taking modules on the History of Emotions, or for students on general Historical Skills modules.
Author: Sharyn Roach Anleu
Publisher: Routledge
ISBN: 1351718150
Category : Law
Languages : en
Pages : 180
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Book Description
Judging and Emotion investigates how judicial officers understand, experience, display, manage and deploy emotions in their everyday work, in light of their fundamental commitment to impartiality. Judging and Emotion challenges the conventional assumption that emotion is inherently unpredictable, stressful or a personal quality inconsistent with impartiality. Extensive empirical research with Australian judicial officers demonstrates the ways emotion, emotional capacities and emotion work are integral to judicial practice. Judging and Emotion articulates a broader conception of emotion, as a social practice emerging from interaction, and demonstrates how judicial officers undertake emotion work and use emotion as a resource to achieve impartiality. A key insight is that institutional requirements, including conceptions of impartiality as dispassion, do not completely determine the emotion dimensions of judicial work. Through their everyday work, judicial officers construct and maintain the boundaries of an impartial judicial role which necessarily incorporates emotion and emotion work. Building on a growing interest in emotion in law and social sciences, this book will be of considerable importance to socio-legal scholars, sociologists, the judiciary, legal practitioners and all users of the courts.
Author: Helen Gibbon
Publisher: Taylor & Francis
ISBN: 1000806693
Category : Law
Languages : en
Pages : 251
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Book Description
In an age when everyone aspires to teach critical thinking skills in the classroom, what does it mean to be a subversive law teacher? Who or what might a subversive law teacher seek to subvert – the authority of the law, the university, their own authority as teachers, perhaps? Are law students ripe for subversion, agents of, or impediments to, subversion? Do they learn to ask critical questions? Responding to the provocation in the classic book Teaching as a Subversive Activity, by Postman and Weingartner, the idea that teaching could, or even should, be subversive still holds true today, and its premise is particularly relevant in the context of legal education. We therefore draw on this classic book to discuss, in the present volume, the consideration of research into legal education as lifetime learning, as creating meaning, as transformative and as developing world-changing thinking within the legal context. The volume offers research into classroom experiences and theoretical and historical interrogations of what it means to teach law subversively. Primarily aimed at legal educators and doctoral students in law planning careers as academics, its insights speak directly to tensions in higher education more broadly.
Author: Thomas Giddens
Publisher: Taylor & Francis
ISBN: 100087656X
Category : Law
Languages : en
Pages : 182
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Book Description
Taking up the study of legal education in distinctly biopolitical terms, this book provides a critical and political analysis of resistance in the law school. Legal education concerns the complex pathways by which an individual becomes a lawyer, making the journey from lay-person to expert, from student to practitioner. To pose the idea of a biopolitics of legal education is not only to recognise the tensions surrounding this journey but also to recognise that legal education is a key site in which the subject engages, and is engaged by, a particular structure—and here the particular structure of the law school. This book explores the resistance to that structure, including: different ways in which law’s pedagogic structures might be incomplete, or are being fought against; the use of less conventional elements of cultural discourse to resist the abstraction of the lawyer in students’ subject formation; the centralisation of queer and feminist discourses to disrupt the hierarchies of the legal curriculum; the use of digital technologies; the place of embodiment in legal education settings; and the impacts of posthuman knowledges and contexts on legal learning. Assembling original, field-defining essays by both leading international scholars and emerging researchers, this book constitutes an indispensable resource in legal education research and scholarship that will appeal to legal academics everywhere.
Author: Patrick Low
Publisher: Routledge
ISBN: 1000095819
Category : History
Languages : en
Pages : 217
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Book Description
This edited collection offers multi-disciplinary reflections and analysis on a variety of themes centred on nineteenth century executions in the UK, many specifically related to the fundamental change in capital punishment culture as the execution moved from the public arena to behind the prison wall. By examining a period of dramatic change in punishment practice, this collection of essays provides a fresh historical perspective on nineteenth century execution culture, with a focus on Scotland, Wales and the regions of England. From Public Spectacle to Hidden Ritual has two parts. Part 1 addresses the criminal body and the witnessing of executions in the nineteenth century, including studies of the execution crowd and executioners’ memoirs, as well as reflections on the experience of narratives around capital punishment in museums in the present day. Part 2 explores the treatment of the execution experience in the print media, from the nineteenth and into the twentieth century. The collection draws together contributions from the fields of Heritage and Museum Studies, History, Law, Legal History and Literary Studies, to shed new light on execution culture in nineteenth century Britain. This volume will be of interest to students and academics in the fields of criminology, heritage and museum studies, history, law, legal history, medical humanities and socio-legal studies.
Author: Baudouin Dupret
Publisher: Routledge
ISBN: 1000335127
Category : Law
Languages : en
Pages : 304
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Book Description
Understanding legal rules not as determinants of behavior but as points of reference for conduct, this volume considers the ways in which rules are invoked, referred to, interpreted, put forward or blurred. It also asks how both legal practitioners and lay participants conceive of and participate in the construction of facts and rules, and thus, through decisions, defenses, pleas, files, evidence, interviews and documents, actively participate in law’s life. With attention to the formulation of notions such as person, evidence, intention, cause and responsibility in the course of legal practices, Legal Rules in Practice provides the outlines of a praxiological anthropology of law – an anthropology that focuses on words, concepts and reasoning as actively used to solve conflicts with the help of legal rules. As such, it will appeal to sociologists, anthropologists and scholars of law with interests in ethnomethodology, rule-based conduct and practical reasoning.
