Who's afraid of law and the emotions (2010)

Abrams, Kathryn; Keren, Hila

doi:10.4337/9781788119085.00053

Cited by 5 publications

(4 citation statements)

References 1 publication

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“…Emotion is an interdisciplinary concept: it refers to an unstructured bodily movement (Deleuze 1992 , 626), a psychological process (Wiener et al 2006 , 234), and modes of impression (Ahmed 2004 , 6). 11 This critical scholarship on emotion is “epistemologically challenging” as it refuses to privilege objectivity or rationality (Abrams and Keren 2010 , 1999) and does not subscribe to the myth of “judicial dispassion” (Maroney 2011 , 636).…”

Section: Cultivating Emotions In Lawmentioning

confidence: 99%

Legally Affective: Mapping the Emotional Grammar of LGBT Rights in Law School

Raj

2023

Fem Leg Stud

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The teaching of critical race, feminist, and queer theory generally, and of LGBT rights specifically, has developed into a discrete, contested, and politicised area of teaching in English law schools and beyond. While there is some academic discussion on the personal and political significance of ‘promoting LGBT rights’ within law schools, less considered is how ‘LGBT rights’ are shaped by the emotions of legal academics and how these emotions circumscribe what we imagine LGBT rights can and/or should mean in law and critical legal study. To illustrate this dynamic, this paper uses critical race, feminist, and queer scholarship alongside work in the emerging field of Law and Emotion to articulate the ‘emotional grammar’ of teaching a Gender, Sexuality and Law unit at an English law school. Turning to autoethnography, I use my emotional experiences as a methodological tool to explore how emotions co-constitute the pedagogical, political, scholarly, and personal registers of LGBT rights as a descriptive, critical, and normative pursuit. In doing so, I use ‘emotional grammar’ as a novel way to map how emotions structure legal pedagogies invested in pursuing LGBT rights. Emotional grammar illustrates how emotions structure: (1) the articulation of LGBT rights as an object of study in law; (2) the pursuit of law to secure the rights of LGBT people; and (3) the shape of legal critique relating to LGBT rights.

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Section: Cultivating Emotions In Lawmentioning

confidence: 99%

Legally Affective: Mapping the Emotional Grammar of LGBT Rights in Law School

Raj

2023

Fem Leg Stud

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“…Law and emotion scholarship attempts to understand and account for "the law's devotion to the myth of an emotionless, cognition-driven legal system" (Bandes 1999, p.6). This has led to an emotional turn which challenges the illusionary dichotomy of rationality versus emotionality and opposes the apparent absence of emotions in law, and instead lifts the central role of emotions for different legal actors, witnesses and victims (Flower 2016, 2019, Bandes 2006, Bergman Blix and Wettergren 2015, Feigenson 1997, Harris 2002, Maroney 2006 Anleu and Mack 2017) as well as the presence of emotions in different areas of law (Abrams and Keren 2010) and the analysis of specific emotions such as anger, empathy, and disgust (Bandes 2017, 1996, Nussbaum 1999, see also Klosterkamp 2022: 18 for the role of emotions in the "politics of listening" in courtrooms).…”

Section: Literature On Reporting From Criminal Trials and Courtroom E...mentioning

confidence: 99%

Constructing clickable criminal trials: framing trials and legal professionals in digital news reports

Flower

2023

Emotions and Society

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Journalistic live blogging entails the conundrum of capturing emotions in a context where they should be absent, snapping up the sensational in the subtle drama of the courtroom and presenting it in a way that attracts readers, thus making it clickable. Applying an inductive frame analysis of live blogs and drawing on criteria of newsworthiness and an emotion sociological framework, this article shows two frames of understanding criminal trials are constructed in live blogs: prosecutorial power and teamwork. These frames serve to construct and reconstruct understandings of criminal trials in Sweden. The frames are partially embedded in the legal sphere thereby reproducing the ideological underpinnings of unemotional rationality while concomitantly conveying a more contemporary understanding wherein reason and emotion are conflated. The study shows further that the media frame shapes how criminal trials are reported in live blogs leading to a somewhat distorted understanding of trials being conveyed. Legal professionals are made newsworthy by drawing on news values, particularly emotionalisation, which constitutes a crucial tool for the live blogging journalist.

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“…Общий анализ литературы в этой области показывает, что юриспруденцией эмоций охватываются как проблемы влияния эмоций на принятие юридических решений и формирование правовых институтов (Bandes & Blumenthal, 2012), (Maroney, 2009), так и влияние правовой системы и правовых норм на формирование эмоций (Abrams & Keren, 2010), (Mindus, 2021).…”

Section: эмоциональный труд: общая характеристика направлений исследо...unclassified

The emotional sphere of an employee as an object of legal protection

Kursova

2023

Vestn. Ross. univ. družby nar., Ser. Ûrid. nauki

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The issue of protecting the emotional sphere of an employee in the structure of personal non-property rights in the science of labor law has not yet been subjected to a separate scientific analysis, but now it is being updated more than ever. This is primarily due to the fact that in the modern information society, in the conditions of service economy, when the usual way of labor relations, inherent in the era of industrial labor, is changing, the problem of determining the boundaries of the employer's power over the employee again comes to the fore. Only now these boundaries need to be set, taking into account not only physical, but also psycho-emotional professional risks. The article attempts to substantiate the category of "emotional" rights of an employee as the main object of protection in the structure of the employee's personal non-property rights. The analysis of scientific literature, normative regulation and law enforcement practice on the issues under study shows that the universal recognition of the importance of personal non-property rights does not ensure the effectiveness of their legal protection, which in turn is associated with the uncertainty of the object of protection of personal non-property labor rights. On this basis, it is proposed to specify and clarify the object of legal protection in the construction of personal non-property labor rights, which, from the point of view of the author, includes the psycho-emotional sphere of the employee. This approach allows to define the mechanism of legal protection of personal non-property labor rights in a more constructive way.

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Who's afraid of law and the emotions (2010)

Cited by 5 publications

References 1 publication

Legally Affective: Mapping the Emotional Grammar of LGBT Rights in Law School

Legally Affective: Mapping the Emotional Grammar of LGBT Rights in Law School

Constructing clickable criminal trials: framing trials and legal professionals in digital news reports

The emotional sphere of an employee as an object of legal protection

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