Replaying the Past
Roles for Emotion in Judicial Invocations of Legislative History, and Precedent
Dados Bibliográficos
| ID | 23030278 |
|---|---|
| Autores | Emily Kidd White (0000-0002-0131-797X, York University, autor correspondente) |
| Ano | 2019 |
| Volume | 9 |
| Fascículo | 5 |
| Páginas | 577-595 |
| Data de publicação | 2019-12-01 |
| Peer Reviewed | Sim |
| Open Access | Sim |
| Tipo | ARTICLE |
| Periódico | Oñati Socio-legal Series (JOURNAL) |
| Identificadores do periódico | ISSN: 2079-5971 • E-ISSN: 2079-5971 |
| Editora | Onati International Institute for the Sociology of Law (PUBLISHER • ES) |
| DOI | 10.35295/osls.iisl/0000-0000-0000-1105 |
| OpenAlex | W3137486751 |
| Idioma | EN |
| Referências citadas | 39 |
Legal reasoning in the common law tradition requires judges to draw on concepts, and examples that are meant to resonate with a particular emotional import and operate in judicial reasoning as though they do. Judicial applications of constitutional rights are regularly interpreted by reference to past violations (either through precedent, contextual framings, and/or legislative history), which in turn elicit a series of emotions which work to deepen and intensify judicial understandings of a right guarantee (freedom of association, freedom of expression, equality, security of the person, etc.). This paper examines the way in which invocations of past political histories, and rights abuses (however ill or well-defined), work to conjure up a set of service emotions (emotions which work to establish a particular frame of mind), which guide judicial applications of doctrine in cases concerning an alleged violation of a constitutional right.
Doctrine · Humanities · Legislature · Political science · Politics · Sociology · American Constitutional Law and Politics · Emotions and Moral Behavior · Law · Law in Society and Culture · Philosophy
The Rationality of Emotion
Emotional Insight
The authority of lawEssays on law and morality
Understanding and the facts
Law and Emotion
The Moral Emotions
Understanding Human Dignity
Problems of the Self
Human Dignity and the Foundations of Human Rights
Complete Works of Aristotle, Volume 1
Dignity Rights
Till Human Voices Wake Us
The Therapy of Desire
Thick Concepts
The Concept of Human Dignity and the Realistic Utopia of Human Rights
Morality Through Thick and Thin a Critical Notice of Ethics and the Limits of Philosophy
The Aptness of Anger
Exemplarity and Narrativity in the Common Law Tradition
Upheavals of Thought
Common virtue and the perspectival imagination
Professional Emotions in Court
Human Dignity and Judicial Interpretation of Human Rights
| Velocidade de citação | historical |
|---|---|
| Altamente citado | Não |