Law, Reason, and Emotion

IVR Studies in the Philosophy of Law and Social Philosophy, Forthcoming

University of Baltimore School of Law Legal Studies Research Paper Forthcoming

27 Pages Posted: 8 Mar 2019

Multiple version iconThere are 3 versions of this paper

Date Written: 2017

Abstract

This book will consider the relationship between law, reason, and emotion. Law, reason, and emotion have a long, close, and complicated connection in the history of philosophy and justice. This is nothing new. Cicero famously observed that "law is the highest reason, inherent in nature," which neatly captures the mutual dependency between emotions and the law. Law, according to this formulation, necessarily reflects who and what we are, which is deeply social creatures, inspired by social emotions. Eight leading authors representing different legal and philosophical traditions will argue in this volume that law gains legitimacy and effectiveness when it marries reason with emotion, and that reason and human emotion are not conflicting values in a well-constructed legal system, as is sometimes supposed, but rather the joint basis of all justice in the law.

Keywords: law, reason, emotion

JEL Classification: K1

Suggested Citation

Sellers, Mortimer Newlin Stead, Law, Reason, and Emotion (2017). IVR Studies in the Philosophy of Law and Social Philosophy, Forthcoming; University of Baltimore School of Law Legal Studies Research Paper Forthcoming. Available at SSRN: https://ssrn.com/abstract=3348621

Mortimer Newlin Stead Sellers (Contact Author)

University of Baltimore - School of Law ( email )

1420 N. Charles Street
Baltimore, MD 21218
United States

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