Table of Contents Preface Introduction Chapter 1 No slave to reason: the significance of the passions in mapping the legal landscape The impossibility of reason without passion: I feel, therefore I am Robes and lobes: the convergence of law and neuroscience The logos of law and moral judgment as an emotional lexis Turtles (and the normativity of law) all the way down Intersubjectivity, law''s unconscious, and the ethical authority of the human face The life of law as the life of reason and the passions Chapter 2 Law, emotions and aesthetic justice The aesthetic influence on legal sensibilities Narrative creativity as the ''life of law'' and the ''law of life'' From expressivist aesthetics to expressivist ethics Poetry in (e)motion: expressing the inexpressible Through the looking-glass or the mirror crack''d Chapter 3 Law as Fear Fear and evaluative judgments Fear-mongering and the media: implications for justice Where Judges fear to tread: law and the politics of fear Fear, fetish, fantasy and legal framing strategies Legal truths and truisms, moral metaphors and moral panic Reimagining the foundations for justice: overcoming the new politics of fear Chapter 4 Law as Hate Law''s symbolic violence: use of linguistic coercion in the constitution of the legal order Law''s truth and the Tinkerbell Effect The (in-)visibility of law: ''secret'' justice is justice denied Law as hate: killing in the name of the law On ideology and language in the classification of legal subjects: ''them'' and ''us'' Reimagining the Other as self: the promise of justice fulfilled Chapter 5 Law as Compassion From 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 judgment Compassion and the criminal justice system Compassion without justice is mere sentimentality however justice without compassion is but tyranny Chapter 6 Law as Love Determining the ''right kind of love'': love as a moral emotion Love 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 justice The heart as law''s attorney: there can be no justice without love The imperative of a sentimental education: in recognition of law as an activity of the heart, soul and intellect Bibliography P> Narrative creativity as the ''life of law'' and the ''law of life'' From expressivist aesthetics to expressivist ethics Poetry in (e)motion: expressing the inexpressible Through the looking-glass or the mirror crack''d Chapter 3 Law as Fear Fear and evaluative judgments Fear-mongering and the media: implications for justice Where Judges fear to tread: law and the politics of fear Fear, fetish, fantasy and legal framing strategies Legal truths and truisms, moral metaphors and moral panic Reimagining the foundations for justice: overcoming the new politics of fear Chapter 4 Law as Hate Law''s symbolic violence: use of linguistic coercion in the constitution of the legal order Law''s truth and the Tinkerbell Effect The (in-)visibility of law: ''secret'' justice is justice denied Law as hate: killing in the name of the law On ideology and language in the classification of legal subjects: ''them'' and ''us'' Reimagining the Other as self: the promise of justice fulfilled Chapter 5 Law as Compassion From 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 judgment Compassion and the criminal justice system Compassion without justice is mere sentimentality however justice without compassion is but tyranny Chapter 6 Law as Love Determining the ''right kind of love'': love as a moral emotion Love 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 justice The heart as law''s attorney: there can be no justice without love The imperative of a sentimental education: in recognition of law as an activity of the heart, soul and intellect Bibliography stitution of the legal order Law''s truth and the Tinkerbell Effect The (in-)visibility of law: ''secret'' justice is justice denied Law as hate: killing in the name of the law On ideology and language in the classification of legal subjects: ''them'' and ''us'' Reimagining the Other as self: the promise of justice fulfilled Chapter 5 Law as Compassion From 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 judgment Compassion and the criminal justice system Compassion without justice is mere sentimentality however justice without compassion is but tyranny Chapter 6 Law as Love Determining the ''right kind of love'': love as a moral emotion Love 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 justice The heart as law''s attorney: there can be no justice without love The imperative of a sentimental education: in recognition of law as an activity of the heart, soul and intellect Bibliography lt;B> Chapter 6 Law as Love Determining the ''right kind of love'': love as a moral emotion Love 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 justice The heart as law''s attorney: there can be no justice without love The imperative of a sentimental education: in recognition of law as an activity of the heart, soul and intellect Bibliography.
Law and the Passions : A Discrete History