What is the role and value of virtue, emotion and imagination in law and legal reasoning? These new essays, by leading scholars of both law and philosophy, offer striking and exploratory answers to this neglected question. The collection takes a holistic approach, inquiring as to the connections and relations between virtue, emotion and imagination. In addition to the principal focus on adjudication, essays in the collection also engage with a variety of different legal, political and moral contexts: eg criminal law sentencing, the Black Lives Matter movement and professional ethics. A number of different areas of the law are addressed (eg criminal law, constitutional law and tort law) and the issues explored include: the benefits and limits of empathy in legal reasoning; the role of attention and perception in judicial reasoning;, the identification of judicial virtues (such as compassion and humility) and judicial vices (such as callousness and partiality); the values and dangers of certain imaginative devices (eg personification); and the interactive and social dimensions of virtue, emotion and imagination.
Edited by:
Amalia Amaya,
Dr Maksymilian Del Mar
Imprint: Hart Publishing
Country of Publication: United Kingdom
Dimensions:
Height: 234mm,
Width: 156mm,
Weight: 404g
ISBN: 9781509955039
ISBN 10: 1509955038
Pages: 288
Publication Date: 26 August 2021
Audience:
Professional and scholarly
,
Undergraduate
Format: Paperback
Publisher's Status: Active
1. New Horizons for the Study of the Legal Mind: Relating Virtue, Emotion and Imagination Amalia Amaya and Maksymilian Del Mar PART I VIRTUE – AND EMOTION, IMAGINATION 2. Admiration, Exemplarity and Judicial Virtue Amalia Amaya 3. Impartiality and Legal Reasoning Catherine Z Elgin 4. Austerity, Compassion and the Rule of Law Benjamin C Zipursky 5. All Judges on the Couch? On Iris Murdoch and Legal Decision-Making Iris van Domselaar PART II EMOTION – AND VIRTUE, IMAGINATION 6. On Emotions and the Politics of Attention in Judicial Reasoning Emily Kidd White 7. ‘Black Lives Matter’: Moral Frames for Understanding the Police Killings of Black Males Lawrence Blum 8. Suffering and Punishment Michael S Brady 9. Empathy and Negative Intimacy Olbeth Hansberg PART III IMAGINATION – AND EMOTION, VIRTUE 10. Empathy, Imagination and the Law Amy Kind 11. Imagining Motives Adam Morton 12. The Legal Imagination in Historical Perspective Simon Stern 13. The Legal Imagination: Individual, Interactive and Communal Maksymilian Del Mar
Amalia Amaya is British Academy Global Professor at the School of Law, University of Edinburgh, UK, and Research Professor of Philosophy at the National Autonomous University of Mexico. Maksymilian Del Mar is Professor of Legal Theory and Legal Humanities at Queen Mary University of London, UK.
Reviews for Virtue, Emotion and Imagination in Law and Legal Reasoning
Virtue, Emotion and Imagination in Law is a nuanced and sophisticated exploration of the multiple ways in which the concepts of emotion, virtue, and imagination intersect, diverge, and enrich one another. It is a gorgeously written book, deeply informed by a wide range of sources, methodologies, and cultural contexts, and including work by some of the most interesting and insightful scholars of our day. * Susan A Bandes, Centennial Professor of Law Emeritus, DePaul University College of Law *
