Law and the Passions

Julia J.A. Shaw is Professor of Law at De Montfort University, Leicester, UK. Herinterdisciplinary scholarship spans legal theory, law and the humanities, critical andcultural legal studies, and human rights. Recent publications include ‘Law and theLiterary Imagination: the contribution of literature to modern legal scholarship’ inThe Palgrave Handbook of Philosophy and Literature (2018); ‘From Beethoven toBowie: identity framing, social justice and the sound of law’ in International Journalfor the Semiotics of Law 31(2) 2018; Jurisprudence (3rd edition, Pearson 2018)and Corporate Social Responsibility, Social Justice and the Global Food Supply Chain(Routledge, 2019).

• Table of ContentsPrefaceIntroductionChapter 1No slave to reason: the significance of the passions in mapping the legal landscapeThe impossibility of reason without passion: I feel, therefore I amRobes and lobes: the convergence of law and neuroscienceThe logos of law and moral judgment as an emotional lexis Turtles (and the normativity of law) all the way downIntersubjectivity, law’s unconscious, and the ethical authority of the human faceThe life of law as the life of reason and the passionsChapter 2Law, emotions and aesthetic justiceThe aesthetic influence on legal sensibilitiesNarrative creativity as the ‘life of law’ and the ‘law of life’From expressivist aesthetics to expressivist ethicsPoetry in (e)motion: expressing the inexpressibleThrough the looking-glass or the mirror crack’dChapter 3Law as FearFear and evaluative judgmentsFear-mongering and the media: implications for justiceWhere Judges fear to tread: law and the politics of fearFear, fetish, fantasy and legal framing strategiesLegal truths and truisms, moral metaphors and moral panicReimagining the foundations for justice: overcoming the new politics of fearChapter 4Law as HateLaw’s symbolic violence: use of linguistic coercion in the constitution of the legal orderLaw’s truth and the Tinkerbell EffectThe (in-)visibility of law: ‘secret’ justice is justice deniedLaw as hate: killing in the name of the lawOn ideology and language in the classification of legal subjects: ‘them’ and ‘us’Reimagining the Other as self: the promise of justice fulfilledChapter 5Law as CompassionFrom vengeance to compassion: the two faces of ‘justice’Compassionate justice and the ethical significance of vulnerability‘Truth waits for eyes unclouded by longing’: ‘enlarged’ (empathic) perception motivates compassionate judgmentCompassion and the criminal justice systemCompassion without justice is mere sentimentality however justice without compassion is but tyrannyChapter 6Law as LoveDetermining the ‘right kind of love’: love as a moral emotionLove enriches and extends the scope of the lawyer’s question ‘who is my neighbour?’Law and love: against the entitlement of wealth and the obstruction of justiceThe heart as law’s attorney: there can be no justice without loveThe imperative of a sentimental education: in recognition of law as an activity of the heart, soul and intellectBibliography