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*FREE* shipping on qualifying offers. Emotions, Values, and the Law brings together ten of John Deigh's essays written over the past fifteen years. In the first five.
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Emotions, Values, and the Law
Emotions, Art, and Immorality Index. Abstract and Keywords The philosophy and psychology of emotions pays little attention to the philosophy of value and the latter pays only a little more attention to the former. Most obvious is the provision of compensation for the infliction of emotional distress in tort law. Family law is a challenging area of legal practice where emotions run high; from custody battles to divorce proceedings.
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Similarly, medical negligence actions generate strong emotions in both the plaintiff and the defendant. Patients who have suffered harm as a result of a breach of duty by a doctor may feel distressed and angry while the doctors who treated them may experience shame, fear and sadness. While these emotions may have been generated by the initial clinical error, engagement with the legal system further heightens the emotional impact of the experience. We experience emotions based on our own assessment of particular situations, and how they affect us and our emotions are altered as our thoughts and beliefs change.
On the contrary … when the calculi of reason have become sufficiently sophisticated, they would be powerless in their own terms, except for the contribution of emotion. What remains of the old opposition between reason and emotion is only this: emotions are not reducible to beliefs or wants.
Formulaic Emotions and Why They Matter in Historical Research – Law & History Review
Moreover, emotions may be viewed not simply as rational, but as vital for rationality. Given the available evidence which links emotions and rationality, attempts to remove emotion from the legal system, and to require individuals working within the legal system to work in a manner which is devoid of emotions, must be challenged. This is particularly important in light of the ubiquitous nature of emotions within the legal system and the impact of this approach on the legal professionals such as judges, barristers, solicitors and legal executives.
While there is some evidence of a more nuanced understanding of emotions in isolated areas of Western legal practice for example, in therapeutic and restorative justice practices , 31 legal professionals are often taught to be suspicious of emotions. In particular, legal professionals, including judges, solicitors and barristers, are expected to be unemotional, rational and detached during their professional lives.
Despite this distrust of emotions, the practice of law forces one to encounter, engage with and experience emotion, irrespective of the jurisdiction in which one practises. Emotions pervade many legal disputes and strong feelings may be invoked in the practice of any area of law—beyond the various criminal law and criminal justice examples highlighted earlier in this chapter.
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The extent to which one is exposed to emotional stimuli will differ, depending on the type of legal work in which one is engaged. Indeed, even the tax lawyer may have to represent a client or take a case which they have an objection to, or work on causes about which they are passionate. Judges and magistrates will also encounter emotions in their daily working lives, though the extent to which they do so depends on a number of variables, including the level and type of court over which they preside. In the pages that follow we consider the norms which currently govern the experience and expression of emotions by legal professionals, before considering the extent to which such norms are beginning to change.
The rules which have developed within the legal professions across different jurisdictions are both implicit and explicit, drawn from ethical guidelines and observation of fellow professionals and professional norms.
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That is, the traditions and customs of the Bar have become manifested in a series of tangible acculturation rites and rituals as well as ingrained in the macroculture … of the legal sector. The role of legal education in creating or sustaining emotional display rules, which discourages engagement with emotion, must also be considered.