Law in the Cultivation of Hope
Legal thought has been slow to engage the emotions. Classical legal scholarship, premised on a dichotomy between reason and passion, steered a wide course around the emotions in general, and the emotional effects of law, in particular. However, the narrative and epistemological dimensions of critica...
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Published in | California law review Vol. 95; no. 2; pp. 319 - 381 |
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Main Authors | , |
Format | Journal Article |
Language | English |
Published |
Berkeley CA United States of America
School of Law, University of California, Berkeley
01.04.2007
California Law Review Inc University of California - Berkeley, School of Law |
Subjects | |
Online Access | Get full text |
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Summary: | Legal thought has been slow to engage the emotions. Classical legal scholarship, premised on a dichotomy between reason and passion, steered a wide course around the emotions in general, and the emotional effects of law, in particular. However, the narrative and epistemological dimensions of critical legal scholarship, and interdisciplinary legal work drawing on the humanities and social sciences, have challenged mainstream scholars to reconsider this view. Consequently, legal scholarship has begun to probe the emotions, yet much of this work has occupied a narrow ambit. The most sustained focus has been on the negative emotions that infuse criminal law: How does, or can, or should, the law manifest the indignation, anger, or disgust that "we" feel when shared norms embodied in the criminal law are violated? Moreover, as this example suggests, much of this work assumes that law's role vis-a-vis the emotions is reflective or expressive. |
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Bibliography: | California Law Review, Vol. 95, No. 2, Apr 2007, 319-381 Informit, Melbourne (Vic) |
ISSN: | 0008-1221 1942-6542 |
DOI: | 10.2307/20439097 |