Full Description
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.
Contents
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
