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15-Sep-2015 05:37

equity and welfarism accommodating political commit-12

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Notwithstanding the breadth of its epistemological challenges, law and emotions scholarship can contribute to the familiar normative work of the law—revising and strengthening existing doctrine, improving decisionmaking, and informing new legal policies.

Graph of the Cumulative Total of Law and Neuroscience Publications: 1984-2015 Law and emotions scholarship has reached a critical moment in its trajectory.It has become a varied and dynamic body of work, mobilizing diverse disciplinary understandings, to analyze the range of emotions that implicate law and legal decisionmaking.We elaborate the pragmatic potential of law and emotions by identifying three dimensions of this scholarship: its capacity to illuminate the affective features of legal problems; its ability to investigate these features through interdisciplinary analysis; and its power to integrate that understanding into practical, normative proposals.In demonstrating the utility of law and emotions scholarship, we also respond to some of the explicit concerns that have been raised about purposive legal intervention in the emotions.

This reception contrasts sharply with that accorded to two fields that have also challenged dominant notions of (legal) rationality: behavioral law and economics, and the emerging field of law and neuroscience.

In this Article, we examine the ambivalent reception of this promising body of work.



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