Catalogue


The crisis of democracy : report on the governability of democracies to the Trilateral Commission /
Michel Crozier, Samuel P. Huntington, Joji Watanuki.
imprint
[New York] : New York University Press, 1975.
description
220 p. ; 21 cm. --
ISBN
0814713053
format(s)
Book
Holdings
More Details
added author
imprint
[New York] : New York University Press, 1975.
isbn
0814713053
catalogue key
2046590
 
Includes bibliographical references.
A Look Inside
About the Author
Author Affiliation
Susan A. Bandes is professor of law at DePaul University College of Law, where she teaches federal courts, criminal procedure, and law and literature. Before she began teaching she was a civil rights attorney, first at the Illinois office of the State Appellate Defender, and then at the Chicago office of the American Civil Liberties Union.
Full Text Reviews
Appeared in Choice on 2000-07-01:
The questions posed in Bandes's collection of essays on the role of passion in law focus not on whether emotion should play a role but on how and where it plays a role, and what, if anything, should be done to control the impact of passion on law. People typically think that law is governed more by reason than by emotion. Indeed, the presence of emotion in a courtroom is considered illegitimate. Yet anyone who examines legal cases knows that judges, both in theory and in practice, are no more able to ignore their passions and beliefs than are members of juries, witnesses, and prosecuting and defense attorneys. The issue, then, becomes one of defining, understanding, and controlling the role of emotion in law. The essays focus clearly and coherently on these concerns and address the role of passions philosophically, psychologically, sociologically, and legally. As many of the contributors note, passions can be "appropriate" and "inappropriate." Racist and sexist feelings are "inappropriate," but moral outrage at murder and rape are "appropriate." But what does this mean? Can one always tell the difference? Is it a meaningful distinction or a rationalization? The thirteen substantive essays raise numerous important and exciting questions. Extensive endnotes; useful index. This collection merits a wide audience. M. A. Foley; Marywood University
Reviews
Review Quotes
"This splendid collection of engaging, user-friendly essays reveals in vivid detail how emotions are as much a part of the fabric of law as of the rest of life. Among the verdicts that emerge from these careful explorations is the long-overdue acquittal of passion on the charge of always sabotaging reason and justice." - Elizabeth V. Spelman, Professor, Smith College, and author ofFruits of Sorrow: Framing Our Attention to Suffering
"The ostensible polarity between reason and emotion is central to many approaches to law. Susan Bandes offers valuable criticism of this view by noting the important roles that emotion and passion in fact play within the law. She has also brought together an outstanding collection of essays that, by addressing the issue from all perspectives, allows the reader to confront the issue in all of its complexity." - Sanford Levinson, coeditor of Constitutional Stupidities/Constitutional Tragedies
"The ostensible polarity between reason and emotion is central to many approaches to law. Susan Bandes offers valuable criticism of this view by noting the important roles that emotion and passion in fact play within the law. She has also brought together an outstanding collection of essays that, by addressing the issue from all perspectives, allows the reader to confront the issue in all of its complexity." - Sanford Levinson, coeditor ofConstitutional Stupidities/Constitutional Tragedies
"This splendid collection of engaging, user-friendly essays reveals in vivid detail how emotions are as much a part of the fabric of law as of the rest of life. Among the verdicts that emerge from these careful explorations is the long-overdue acquittal of passion on the charge of always sabotaging reason and justice."
"This splendid collection of engaging, user-friendly essays reveals in vivid detail how emotions are as much a part of the fabric of law as of the rest of life. Among the verdicts that emerge from these careful explorations is the long-overdue acquittal of passion on the charge of always sabotaging reason and justice." - Elizabeth V. Spelman, Professor, Smith College, and author of Fruits of Sorrow: Framing Our Attention to Suffering
"The ostensible polarity between reason and emotion is central to many approaches to law. Susan Bandes offers valuable criticism of this view by noting the important roles that emotion and passion in fact play within the law. She has also brought together an outstanding collection of essays that, by addressing the issue from all perspectives, allows the reader to confront the issue in all of its complexity."
"An excellent collection of original essays . . .the current volume shines by being able to introduce these disparate approaches on emotions into a shared discourse." -The Law and Politics Book Review
"An exciting intellectual adventure. If that type of voyage interests you, almost any page of this book will be a trip."
"An exciting intellectual adventure. If that type of voyage interests you, almost any page of this book will be a trip." - New York Law Journal
"An exciting intellectual adventure. If that type of voyage interests you, almost any page of this book will be a trip." -New York Law Journal
"John R. Cole's Pascal is a work of love as well as of scholarly devotion. It brings alive a fascinating man and it makes fascinating reading--not only from beginning to end, but long afterwards, as we absorb all we have learned and are stimulated to think further. This book will be enjoyed by many, far beyond the fields of history and philosophy and regardless of prior knowledge of Pascal. I recommend it especially to everyone interested in the nature and development of human beings." - Erna Furman, author of A Child's Parent Dies
"A fascinating and wide-ranging series on the role that emotion plays in the legal order."
"A fascinating and wide-ranging series on the role that emotion plays in the legal order." - Jack Balkin
"An excellent collection of original essays . . .the current volume shines by being able to introduce these disparate approaches on emotions into a shared discourse."
"An excellent collection of original essays . . .the current volume shines by being able to introduce these disparate approaches on emotions into a shared discourse." - The Law and Politics Book Review
This item was reviewed in:
Choice, July 2000
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Summaries
Main Description
The Passions of Lawis the first anthology to treat the role that emotions play, don't play, and ought to play in the practice and conception of law and justice. Lying at the intersection of law, psychology, and philosophy, this emergent field of law scholarship raises some of the most profound and interesting questions at the heart of jurisprudence. For example, what role do emotions ranging from disgust to compassion play in the decision-making processes of judges, lawyers, juries, and clients? What emotions belong in which legal contexts? Is there a hierarchy of emotions, and, if so, through what sources do we identify it? To what extent are emotions subject to change or tutelage? How can we evaluate the role of emotion in such disparate contexts as death sentencing, laws about same sex marriage, hate crime legislation, punitive damages or shaming penalties?Consisting of original essays by leading scholars of law, theology, political science, and philosophy,The Passions of Lawcontributes to ongoing efforts to humanize law and reveals how this previously unacknowledged aspect of decision-making exerts a much greater impact on justice and the practice of law than most tend, or like, to think.Learn more about Susan Bandes
Main Description
The Passions of Law is the first anthology to treat the role that emotions play, don't play, and ought to play in the practice and conception of law and justice. Lying at the intersection of law, psychology, and philosophy, this emergent field of law scholarship raises some of the most profound and interesting questions at the heart of jurisprudence. For example, what role do emotions ranging from disgust to compassion play in the decision-making processes of judges, lawyers, juries, and clients? What emotions belong in which legal contexts? Is there a hierarchy of emotions, and, if so, through what sources do we identify it? To what extent are emotions subject to change or tutelage? How can we evaluate the role of emotion in such disparate contexts as death sentencing, laws about same sex marriage, hate crime legislation, punitive damages or shaming penalties? Consisting of original essays by leading scholars of law, theology, political science, and philosophy, The Passions of Law contributes to ongoing efforts to humanize law and reveals how this previously unacknowledged aspect of decision-making exerts a much greater impact on justice and the practice of law than most tend, or like, to think.
Main Description
The Passions of Law is the first anthology to treat the role that emotions play, don't play, and ought to play in the practice and conception of law and justice. Lying at the intersection of law, psychology, and philosophy, this emergent field of law scholarship raises some of the most profound and interesting questions at the heart of jurisprudence. For example, what role do emotions ranging from disgust to compassion play in the decision-making processes of judges, lawyers, juries, and clients? What emotions belong in which legal contexts? Is there a hierarchy of emotions, and, if so, through what sources do we identify it? To what extent are emotions subject to change or tutelage? How can we evaluate the role of emotion in such disparate contexts as death sentencing, laws about same sex marriage, hate crime legislation, punitive damages or shaming penalties? Consisting of original essays by leading scholars of law, theology, political science, and philosophy, The Passions of Law contributes to ongoing efforts to humanize law and reveals how this previously unacknowledged aspect of decision-making exerts a much greater impact on justice and the practice of law than most tend, or like, to think. Learn more about Susan Bandes
Main Description
The Passions of Law is the first anthology to treat the role that emotions play, don't play, and ought to play in the practice and conception of law and justice. Lying at the intersection of law, psychology, and philosophy, this emergent field of law scholarship raises some of the most profound and interesting questions at the heart of jurisprudence. For example, what role do emotions ranging from disgust to compassion play in the decision-making processes of judges, lawyers, juries, and clients? What emotions belong in which legal contexts? Is there a hierarchy of emotions, and, if so, through what sources do we identify it? To what extent are emotions subject to change or tutelage? How can we evaluate the role of emotion in such disparate contexts as death sentencing, laws about same sex marriage, hate crime legislation, punitive damages or shaming penalties? Consisting of original essays by leading scholars of law, theology, political science, and philosophy, The Passions of Law contributes to ongoing efforts to humanize law and reveals how this previously unacknowledged aspect of decision-making exerts a much greater impact on justice and the practice of law than most tend, or like, to think. Learn more aboutSusan Bandes
Bowker Data Service Summary
This anthology treats the role that emotions play, don't play, and ought to play in the practice and conception of law and justice. The work consists largely of original essays, by scholars of law, theology, political science and philosophy.
Main Description
Ever since the edifying life written by his sister in the months after his death, canonical representations of Blaise Pascal (1623-1662) have revered him for the scientific genius of his youth, the religious conversions of his mid-life, and the great books and greater saintliness of his last years. All this monumentalizes the hero, but it also reduces the man to a mind and spirit and it divides his life and work into unrelated halves. The preeminent specialist, Jean Mesnard, still picks up the subject where Gilberte Pascal left it in 1662. No historian in our language has even attempted to put the halves together again. In Pascal: The Man and His Two Loves, John R. Cole reintegrates a life that began with familial attachments and achieved youthful marvels of invention and experiment with an Arithmetic Machine and Vacuum Experiments; Cole argues that love for his father spun the wheels and filled the void. Pascal then converted, having suffered particularly painful separations and losses; Cole's central chapters adapt Freudian methods to relate his newly ardent love of God to his prior love of parents. Finally, the convert wrote contrasting classics, the Provincial Letters and the Penses, before years of sanctified suffering terminated his work; Cole suggests that disciplined study of his affective life makes possible new readings of these great books.
Table of Contents
Acknowledgmentsp. xi
Contributorsp. xiii
Introductionp. 1
Disgust and Shame
"Secret Sewers of Vice": Disgust, Bodies, and the Lawp. 19
The Progressive Appropriation of Disgustp. 63
Show (Some) Emotionsp. 80
Remorse and the Desire for Revenge
Justice v. Vengeance: On Law and the Satisfaction of Emotionp. 123
Moral Epistemology, the Retributive Emotions, and the "Clumsy Moral Philosophy" of Jesus Christp. 149
Remorse, Responsibility, and Criminal Punishment: An Analysis of Popular Culturep. 168
Democratic Dis-ease: Of Anger and the Troubling Nature of Punishmentp. 191
Love, Forgiveness, and Cowardice
Making Up Emotional People: The Case of Romantic Lovep. 217
Fear, Weak Legs, and Running Away: A Soldier's Storyp. 241
Institutions and Emotions: Redressing Mass Violencep. 265
The Passion for Justice
Emotion and the Authority of Law: Variation on Themes in Bentham and Austinp. 285
Emotion versus Emotionalism in Lawp. 309
Harlan, Holmes, and the Passions of Justicep. 330
Indexp. 363
Table of Contents provided by Syndetics. All Rights Reserved.

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