Engaging with the underlying social context in which emotions are a motivational



force, Law and the Passions provides a uniquely inclusive commentary on the significance



and influence of emotions in the history and continuing development of



legal judgment, policy formation, legal practice and legal dogma.







Although the emotionality of the law and the use of emotional tropes in legal



discourse has become an established focus in recent scholarship, the extent to



which emotion and the passions have informed decision-making, decision-avoidance



and legal reasoning - rather than as simply an adjunct - is still a matter for



critical analysis. As evidenced in a range of illustrative legal cases, emotions have



been instrumental in the evolution of key legal principles and have produced many



controversial judgments. Addressing the latent influence of fear, hate, love and



compassion, the book explores the mutability of law and its transformative power,



especially when faced with fluctuating social mores. The textual nature of law and



the impact of literary forms on legal actors are also critically examined to further



elucidate the idea of law-making as both rational and emotional, and significantly



as an essential activity of the empathic imagination. To this end, it is suggested



that critical scholarship on law, the passions and emotions not only advances our



understanding of the inner workings of law, it constitutes a fundamental part of



our moral reasoning, and has the capacity to articulate the conditions for a more



dynamic, adaptable, ethical and effective legal institution.







This interdisciplinary book will be of interest to scholars and students in the



fields of law and literature, legal theory, legal philosophy, law and the humanities,



legal aesthetics, sociology of law, politics, law and policy, human rights, general jurisprudence



and social justice, as well as cultural studies.