Passions and Emotions: NOMOS LIII

by James E. Fleming (Editor)

Overview

Throughout the history of moral, political, and legal philosophy,
many have portrayed passions and emotions as being opposed to reason and good judgment. At the same time,
others have defended passions and emotions as tempering reason and enriching judgment, and there is mounting empirical evidence linking emotions to moral judgment. In
Passions and Emotions, a group of prominent scholars in philosophy, political science, and law explore three clusters of issues: “Passion & Impartiality: Passions & Emotions in
Moral Judgment”; “Passion & Motivation: Passions & Emotions in Democratic Politics”; and “Passion & Dispassion:
Passions & Emotions in Legal Interpretation.” This timely,
interdisciplinary volume examines many of the theoretical and practical legal, political, and moral issues raised by such questions.

Product Details

ISBN-13:	9780814760147
Publisher:	New York University Press
Publication date:	12/03/2012
Series:	NOMOS - American Society for Political and Legal Philosophy , #16
Pages:	350
Product dimensions:	5.70(w) x 8.40(h) x 1.10(d)

About the Author

James E. Fleming is Professor of Law and The Honorable Frank R. Kenison Distinguished Scholar in Law at Boston UniversitySchool of Law. He is the author or co-author of several books, including Securing Constitutional Democracy: The Case of Autonomy and, with Linda C. McClain, Ordered Liberty: Rights, Responsibilities, and Virtues.

Table of Contents

Preface ix

Contributors xi

Part I Passion and Impartiality: Passions and Emotions in Moral Judgment

1 Constructive Sentimentalism: Legal and Political Implications Jesse J. Prinz 3

2 Sentimentalism without Relativism Michael L. Frazer 19

3 Legislating with Affect: Emotion and Legislative Law Making Carol Sanger 38

4 The Nature and Ethics of Vengeful Anger Charles L. Griswold 77

Part II Passion and Motivation: Passions and Emotions in Democratic Politics

5 Reason, Passion, and Democratic Politics: Old Conceptions-New Understandings-New Possibilities George E. Marcus 127

6 Emotion and Deliberation: The Autonomous Citizen in the Social World Susan A. Bandes 189

7 Reliable Democratic Habits and Emotions Cheshire Calhoun 212

8 Democracy and the Nonsovereign Self Sharon R. Krause 226

Part III Passion and Dispassion: Passions and Emotions in Legal Interpretation

9 The Anti-Empathic Turn Robin West 243

10 Systems and Feelings Ken I. Kersch 289

11 Anti-Empathy and Dispassionateness in Adjudication Benjamin C. Zipursky 304

12 Equity over Empathy Bernadette Meyler 315

Index 331