Emotions and the Criminal Law

Philosophy Compass 6 (9):599-610 (2011)
  Copy   BIBTEX

Abstract

This article focuses on the most recent debates in a certain area of the ‘law and emotion’ field, namely the literature on the role of affect in the criminal law. Following the dominance of cognitivism in the philosophy of emotions, authors moved away from seeing emotions as contaminations on reason and examined how affective reactions could be accommodated within penal proceedings. The review is structured into two main components. I look first at contributions about the multi-dimensional presence of emotions within ordinary criminal proceedings. Second, I examine work done on the use of criminal trials under the emotionally stressful circumstances of post-conflict societies. In the conclusion I sketch a theoretical proposal for moving the discussion forward.

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 74,649

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

Towards a Theory of Criminal Law?R. A. Duff - 2010 - Aristotelian Society Supplementary Volume 84 (1):1-28.
Why Criminal Law: A Question of Content? [REVIEW]Douglas Husak - 2008 - Criminal Law and Philosophy 2 (2):99-122.
International Criminal Law and Philosophy.Larry May & Zachary Hoskins (eds.) - 2010 - Cambridge University Press.

Analytics

Added to PP
2011-09-09

Downloads
34 (#341,201)

6 months
1 (#419,510)

Historical graph of downloads
How can I increase my downloads?

Author's Profile

Citations of this work

No citations found.

Add more citations

References found in this work

Freedom and Resentment.Peter Strawson - 1962 - Proceedings of the British Academy 48:187-211.
The Passions.Robert C. Solomon - 1976 - University of Notre Dame Press.

View all 36 references / Add more references