Cognitive Theories of Emotions

Many wrongly believe that emotion plays little or no role in legal reasoning. Unfortunately, Langdell and his “scientific” case method encourage this error. A careful review of analysis in the real world, however, belies this common belief. Emotion can be cognitive, and cognition can be emotional. Additionally, modern neuroscience underscores the “co-dependence” of reason and emotion. Thus, even if law were a certain science of appellate cases (which it is not), emotion could not be torn from such “science.” -/- As (...) we reform legal education, we must recognize the role of cognitive emotion in law and legal analysis. If we fail to do this, we shortchange law schools, students, and the bar in grievous ways. We shortchange the very basics of true and best legal analysis. We shortchange at least half the universe of expression (the affective half). We shortchange the importance of watching and guarding the true interests of our clients, which interests are inextricably intertwined with affective experience. We shortchange the importance of motivation in law, life, and legal education. How can lawyers understand the motives of clients and other relevant parties without understanding the emotions that motivate them? How can lawyers hope to persuade judges, other advocates, or parties across the table in a transaction without grasping affective experience that motivates them? How can law professors fully engage students while ignoring affective experience that motivates students? Finally, we shortchange matters of life and death: emotions affect health and thus the very vigor of the bar. -/- Using insights from practice, modern neuroscience, and philosophy, I therefore explore emotion and other affective experience through a lawyer’s lens. In doing this, I reject claims that emotion and other affective experience are mere feeling (though I do not discount the importance of feeling). I also reject claims that emotion and other affective experience are necessarily irrational or beyond our control. Instead, such experience is often intentional and quite rational and controllable. After exploring law and affective experience at more “macro” levels, I consider three more specific examples of the interaction of law and emotion: (i) emotion, expression, and the first amendment, (ii) emotion in legal elements and exceptions, and (iii) emotion and lawyer mental health. To provide lawyers and legal scholars with a “one-source” overview of emotion and the law, I have also included an Appendix addressing a number of particular emotions. -/- Keywords: Emotion, Cognitive Emotion, Reason, Logos, Pathos, Legal Analysis, Legal Reasoning, Neuroscience, Philosophy, Persuasion, Rhetoric, Expression, First Amendment, Free Speech, Common Law Murder, Mental Health, NAACP v. McCrory, Anger, Contempt, Disgust, Hate, Malice. (shrink)

Compassion is generally thought to be a morally valuable emotion both because it is concerned with the suffering of others and because it prompts us to take action on their behalf. But skeptics are unconvinced. Not only does a viable account of compassion’s evaluative content—its characteristic concern—appear elusive, but the emotional response itself seems deeply parochial: a concern we tend to feel toward the suffering of friends and loved ones, rather than for individuals who are outside of our circle of (...) intimates. In response, I defend a sophisticated, non-cognitivist account of compassion and explain how it avoids the difficulties that undermine existing, typically cognitivist, proposals. (shrink)

Cognitivists about the emotions minimally hold that it is a necessary condition for being in an emotional state that one make a certain judgement or have a certain belief. For example, if I am angry with Sam, then I must believe that Sam has wronged me. Perhaps I must also elicit a certainly bodily response or undergo some relevant experience, but crucial to the view is the belief or judgement. In the face of ‘recalcitrant emotions’, this once very popular view (...) has come under heavy criticism that has led many theorists to either abandon the view or to offer more nuanced representational views of the emotions. Against what seems to now be received wisdom, I argue that cognitivists have tools at their disposal that allow them to alleviate the apparent conflicts presented by cases of recalcitrance. But I also believe that cognitivists are still in trouble. Although cognitivists have a range of underexplored resources, their use comes at a high cost. In particular, cognitivists must adopt a widespread and thoroughgoing inaccessibility to our own thoughts and judgements that should strike one as implausible. It is mental opacity rather than mental conflict that is the real problem posed by recalcitrance. (shrink)

In discussions of the metaphysics and normativity of the emotions, it is commonplace to wheel out examples of (for instance) people who know that rollercoasters aren’t dangerous but who fear them anyway. Such cases are well known to have been troubling for Cognitivists who hold the emotions are (at least in part) judgements or beliefs. But more recently, the very theories that emerged from the failure of Cognitivism (Perceptual theories and other Neo-Cognitivist approaches) have been argued to face trouble as (...) well. Whereas Cognitivism predicts an untenable irrationality (contradictory beliefs), Neo-Cognitivism predicts that there is nothing wrong with cases of recalcitrance (nothing worse than believing the Müller-Lyer lines are the same in length despite appearing different). But there is something wrong - one should not be afraid of the rollercoaster deemed safe. So many theories appear to be threatened by recalcitrant emotions and there has been a call to find a way of making sense of “conflict without contradiction”. One gets the sense that the theory that can accomplish this will win a crucial point over its competitors. In the present paper I offer a new approach to making sense of the normative tension to which recalcitrant emotions give rise. Interestingly, the approach is one that can be adopted by anyone willing to grant that emotions are themselves governed by norms. As a result, there is not only a new story to be told about the normative tension, but recalcitrant emotions are shown to not be the theory-choosing data point they are portrayed as being. (shrink)

We must rethink the status of Hume’s science of emotions. Contemporary philosophers typically dismiss Hume’s account on the grounds that he mistakenly identifies emotions with feelings. But the traditional objections to Hume’s feeling theory are not as strong as commonly thought. Hume makes several important contributions, moreover, to our understanding of the operations of the emotions. His claims about the causal antecedents of the indirect passions receive support from studies in appraisal theory, for example, and his suggestions concerning the social (...) dimensions of self-conscious emotions can help guide future research in this field. His dual-component hypothesis concerning the processing of emotions, furthermore, suggests a compromise solution to a recalcitrant debate in cognitive science. Finally, Hume’s proposals concerning the motivational influences of pride, and the conventional nature of emotional display rules, are vindicated by recent work in social psychology. (shrink)

Emotion is conscious experience. It is the affective aspect of consciousness. Emotion arises from sensory stimulation and is typically accompanied by physiological and behavioral changes in the body. Hence an emotion is a complex reaction pattern consisting of three components: a physiological component, a behavioral component, and an experiential (conscious) component. The reactions making up an emotion determine what the emotion will be recognized as. Three processes are involved in generating an emotion: (1) identification of the emotional significance of a (...) sensory stimulus, (2) production of an affective state (emotion), and (3) regulation of the affective state. Two opposing systems in the brain (the reward and punishment systems) establish an affective value or valence (stimulus-reinforcement association) for sensory stimulation. This is process (1), the first step in the generation of an emotion. Development of stimulus-reinforcement associations (affective valence) serves as the basis for emotion expression (process 2), conditioned emotion learning acquisition and expression, memory consolidation, reinforcement-expectations, decision-making, coping responses, and social behavior. The amygdala is critical for the representation of stimulus-reinforcement associations (both reward and punishment-based) for these functions. Three distinct and separate architectural and functional areas of the prefrontal cortex (dorsolateral prefrontal cortex, orbitofrontal cortex, anterior cingulate cortex) are involved in the regulation of emotion (process 3). The regulation of emotion by the prefrontal cortex consists of a positive feedback interaction between the prefrontal cortex and the inferior parietal cortex resulting in the nonlinear emergence of emotion. This positive feedback and nonlinear emergence represents a type of working memory (focal attention) by which perception is reorganized and rerepresented, becoming explicit, functional, and conscious. The explicit emotion states arising may be involved in the production of voluntary new or novel intentional (adaptive) behavior, especially social behavior. (shrink)

It is sometimes alleged that the study of emotion and the study of value are currently pursued as relatively autonomous disciplines. As Kevin Mulligan notes, “the philosophy and psychology of emotions pays little attention to the philosophy of value and the latter pays only a little more attention to the former.” (2010b, 475). Arguably, the last decade has seen more of a rapprochement between these two domains than used to be the norm (cf. e.g. Roeser & Todd 2014). But there (...) still seems to be considerable potential for exchange and dialogue if the situation is compared with their intimate relationship in central strands of early realist phenomenology. The philosopher perhaps most representative of this ecumenical approach is Husserl’s early student Dietrich von Hildebrand (1889-1977). From the very early stages of his philosophical career, Hildebrand has developed one of the most original, comprehensive and nuanced accounts of emotions at whose core is a detailed examination of their connection to value. While his central concern with the ethical significance of our affective life is in many ways continuous with Scheler’s work and draws crucially on Reinach’s philosophy of mind, Hildebrand’s own reflections considerably expand on and substantially modify the picture of the ontology and normative role of emotions defended by these authors. In this article, I reconstruct Hildebrand’s view of emotions with a particular focus on those aspects which represent his most distinctive contribution to this subject. (shrink)

It is popular to hold that emotions are evaluative. On the standard account, the evaluative character of emotion is understood in epistemic terms: emotions apprehend or make us aware of value properties. As this account is commonly elaborated, emotions are experiences with evaluative intentional content. In this paper, I am concerned with a recent alternative proposal on how emotions afford awareness of value. This proposal does not ascribe evaluative content to emotions, but instead conceives of them as evaluative at the (...) level of intentional mode or attitude. I first argue that this proposal fails to make emotions intelligible as value apprehensions. There are reasons to suppose that emotions do not apprehend value to begin with, but are related to values in a different, non-epistemic sense. I then go on to show that the notion of an evaluative intentional mode can still help elucidate the evaluative character of emotion. I argue that there is a plausible non-epistemic understanding of the view that emotions are evaluative modes. On this account, emotions are not ways of apprehending values, but ways of acknowledging values. (shrink)

In the philosophical literature, self-deception is mainly approached through the analysis of paradoxes. Yet, it is agreed that self-deception is motivated by protection from distress. In this paper, we argue, with the help of findings from cognitive neuroscience and psychology, that self-deception is a type of affective coping. First, we criticize the main solutions to the paradoxes of self-deception. We then present a new approach to self-deception. Self-deception, we argue, involves three appraisals of the distressing evidence: (a) appraisal of the (...) strength of evidence as uncertain, (b) low coping potential and (c) negative anticipation along the lines of Damasio’s somatic marker hypothesis. At the same time, desire impacts the treatment of flattering evidence via dopamine. Our main proposal is that self-deception involves emotional mechanisms provoking a preference for immediate reward despite possible long-term negative repercussions. In the last part, we use this emotional model to revisit the philosophical paradoxes. (shrink)

Ambivalence—where we experience two conflicting emotional responses to the same object, person or state of affairs—is sometimes thought to pose a problem for cognitive theories of emotion. Drawing on the ideas of the Stoic Chrysippus, I argue that a cognitivist can account for ambivalence without retreating from the view that emotions involve fully-fledged evaluative judgments. It is central to the account I offer that emotions involve two kinds of judgment: one about the object of emotion, and one about the subject's (...) response. (shrink)

Emotional states of consciousness, or what are typically called emotional feelings, are traditionally viewed as being innately programed in subcortical areas of the brain, and are often treated as different from cognitive states of consciousness, such as those related to the perception of external stimuli. We argue that conscious experiences, regardless of their content, arise from one system in the brain. On this view, what differs in emotional and non-emotional states is the kind of inputs that are processed by a (...) general cortical network of cognition, a network essential for conscious experiences. Although subcortical circuits are not directly responsible for conscious feelings, they provide non-conscious inputs that coalesce with other kinds of neural signals in the cognitive assembly of conscious emotional experiences. In building the case for this proposal, we defend a modified version of what is known as the higher-order theory of consciousness. (shrink)

Phenomenological approaches to affectivity have long recognized the vital role that emotions occupy in our lives. In this paper, I engage with Jean-Paul Sartre's well-known and highly influential theory of the emotions as it is advanced in his Sketch for a Theory of the Emotions. I examine whether Sartre's account offers two inconsistent explications of the nature of emotions. I argue that despite appearances there is a reading of Sartre's theory that is free of inconsistencies. Ultimately, I highlight a novel (...) reading of Sartre's account of the emotions: one that is both phenomenologically accurate and supported by textual evidence. (shrink)

According to Discrete Emotion Theory, a number of emotions are distinguishable on the basis of neural, physiological, behavioral and expressive features. Critics of this view emphasize the variability and context-sensitivity of emotions. This paper discusses some of these criticisms, and argues that they do not undermine the claim that emotions are discrete. This paper also presents some works in dynamical affective science, and argues that to conceive of discrete emotions as self-organizing and softly assembled patterns of various processes accounts more (...) naturally than traditional Discrete Emotion Theory for the variability and context-sensitivity of emotions. (shrink)

This chapter examines two premises of cognitive-behavioral therapy (CBT) - that emotions are caused by beliefs and that those beliefs are represented in the mind as words or images. Being a philosophical examination, the chapter also seeks to demonstrate that these two premises essentially are philosophical premises. The chapter begins with a brief methodological suggestion of how to properly evaluate the theory of CBT. From there it works it way from examining the therapeutic practice of capturing the mental representations that (...) supposedly elicit emotional reactions to examining the assumption that emotions are caused by beliefs. The chapter ends by briefly pointing to some consequences of what has been said to the practice of CBT. (shrink)

Although cognitivism has lost some ground recently in the philosophical circles, it is still the favorite view of many scholars of emotions. Even though I agree with cognitivism's insight that emotions typically involve some type of evaluative intentional state, I shall argue that in some cases, less epistemically committed, non-propositional evaluative states such as mental pictures can do a better job in identifying the emotion and providing its intentional object. Mental pictures have different logical features from propositions: they are representational, (...) and some may or may not portray actual objects aptly. Yet, unlike propositional attitudes, mental pictures do not allow for objective criteria by which one can judge that a certain picture is an apt portrait of someone or something. (shrink)

According to cognitivism about emotion, emotions are reducible to some non-emotional states. In one version, they are reducible entirely to cognitive states, such as beliefs or judgments; in another, they are reducible to combinations of cognitive and conative states, such as desire or intention. Cognitivism is plausibly regarded as the orthodoxy in the philosophy of emotion since the 1980s. In a recent paper, however, Montague develops a powerful argument against cognitivism. Here I argue that the argument nonetheless fails.

I have a theory of the emotions that many people find unflattering. I contend that all emotions, as such, are negative and neither life-enhancing nor truth-connected. In this essay, I present this theory and my reasons for it.

We start this overview by discussing the place of emotions within the broader affective domain – how different are emotions from moods, sensations and affective dispositions? Next, we examine the way emotions relate to their objects, emphasizing in the process their intimate relations to values. We move from this inquiry into the nature of emotion to an inquiry into their epistemology. Do they provide reasons for evaluative judgements and, more generally, do they contribute to our knowledge of values? We then (...) address the question of the social dimension of emotions, explaining how the traditional nature vs. nurture contrast applies to the emotions. We finish by exploring the relations between emotions, motivation and action, concluding this overview with a more specific focus on how these relations bear on some central ethical issues. (shrink)

Recent thinking within philosophy of mind about the ways cognition can extend has yet to be integrated with philosophical theories of emotion, which give cognition a central role. We carve out new ground at the intersection of these areas and, in doing so, defend what we call the extended emotion thesis: the claim that some emotions can extend beyond skin and skull to parts of the external world.

Phenomenology, perhaps more than any other single movement in philosophy, has been key in bringing emotions to the foreground of philosophical consideration. This is in large part due to the ways in which emotions, according to phenomenological analyses, are revealing of basic structures of human existence. Indeed, it is partly and, according to some phenomenologists, even primarily through our emotions that the world is disclosed to us, that we become present to and make sense of ourselves, and that we relate (...) to and engage with others. A phenomenological study of emotions is thus meant not only to help us to understand ourselves, but also to allow us to see and to make sense of the meaningfulness of our worldly and social existence.Within the last few decades, the emotions have re-emerged more generally as a topic of great philosophical interest and importance. Philosophers, along with psychologists, cognitive scientists, and neuroscientists have engaged in inter- and intra-disciplina .. (shrink)

In this introduction, we give a brief overview of the main concepts of modularity that have been offered in recent literature. After this, we turn to a summary of the papers collected in this volume. Our primary aim is to explain how the modularity of emotion question relates to traditional debates in emotion theory.

In both psychology and philosophy, cognitive theories of emotion have met with increasing opposition in recent years. However, this apparent controversy is not so much a gridlock between antithetical stances as a critical debate in which each side is being forced to qualify its position in order to accommodate the other side of the story. Here, I attempt to sort out some of the disagreements between cognitivism and its rivals, adjudicating some disputes while showing that others are merely superficial. Looking (...) at evidence from neuroscience and social psychology, as well as thought experiments and theoretical arguments, I conclude that it is necessary to acknowledge both that emotions have intentional content and that they involve somatic agitation. I also point out some of the more promising directions for future research in this area. (shrink)

Several philosophers think there are important analogies between emotions and perceptual states. Furthermore, considerations about the rational assessibility of emotions have led philosophers—in some cases, the very same philosophers—to think that the content of emotions must be propositional content. If one finds it plausible that perceptual states have propositional contents, then there is no obvious tension between these views. However, this view of perception has recently been attacked by philosophers who hold that the content of perception is object-like. I shall (...) argue for a view about the content of emotions and perceptual states which will enable us to hold both that emotional content is analogous to perceptual content and that both emotions and perceptual states can have propositional contents. This will involve arguing for a pluralist view of perceptual content, on which perceptual states can have both contents which are proposition-like and contents which are object-like. I shall also address two significant objections to the claim that emotions can have proposition-like contents. Meeting one of these objections will involve taking on a further commitment: the pluralist account of perceptual content will have to be one on which the contents of perception can be non-conceptual. (shrink)

Reply to Ronald de Sousa and Douglas W. Heinrichs.

This paper summarizes a theory of emotions as metarepresentational states of mind (for more detail, see Reisenzein, 1998). The basic idea of the theory is that at least a core set of human emotions including surprise are nonconceptual products of hardwired, metarepresentational mechanisms whose main function is to subserve the monitoring and updating of the two basic forms of propositional representations, beliefs and desires.

Let us assume that the basic claim of the belief-desire theory of emotion is true: What, then, is an emotion? According to Castelfranchi and Miceli (2009), emotions are mental compounds that emerge from the gestalt integration of beliefs, desires, and hedonic feelings (pleasure or displeasure). By contrast, I propose that emotions are affective feelings caused by beliefs and desires, without the latter being a part of the emotion. My argumentation for the causal feeling theory proceeds in three steps. First, I (...) argue that affective feelings should be regarded as components of emotions because this assumption provides the best available explanation of the phenomenal character and the intensity of emotional experiences. Second, I examine the two main arguments for regarding beliefs and desires as emotion components—that doing so is needed to explain the finer distinctions among emotions and their object-directedness—and argue that they are unconvincing: Emotions can be distinguished by referring to their cognitive and motivational causes, and their appearance of object-directedness could be an illusion. Third, I present three objections against the hypothesis that beliefs and desires are components of emotions: This hypothesis fails, at second sight, to explain the directedness of emotions at specific objects; it has difficulty accounting for the duration of emotional reactions caused by the fulfillment of desires and the disconfirmation of beliefs; and there are reasons to question the existence of the postulated emotional gestalts and the process that presumably generates them. The causal feeling theory avoids these problems. I therefore recommend abandoning the belief-desire compound theory of the nature of emotions in favor of the causal feeling theory. However, a partial reconciliation of the two theories is possible with respect to the concept of “affectively tinged” thoughts. (shrink)

Many so-called “cognitivist” theories of the emotions account for the meaningfulness of emotions in terms of beliefs or judgments that are associated or identified with these emotions. In recent years, a number of analytic philosophers have argued against these theories by pointing out that the objects of emotions are sometimes meaningfully experienced before one can take a reflective stance toward them. Peter Goldie defends this point of view in his book The Emotions: A Philosophical Exploration. Goldie argues that emotions are (...) meaningful in a way that is different from the meaningfulness of beliefs. He describes this meaningfulness in terms of “feeling towards,” which he identifies as a unique type of intentionality characteristic of emotions. The independence of feeling-towards from acts like believing is most clearly brought out by cases in which there is not enough time to form a belief but in which a person experiencing feelings towards an object responds emotionally in a way that is meaningful to them. Employing a similar type of argument, the phenomenologist Max Scheler argues that certain types of acts of feeling are phenomenologically prior to presentative acts of perception, representation, or imagination. Scheler supports his claim about the phenomenological priority of such acts of feeling by referring to cases in which the presented contents of an object are hidden or obscured but where the object of feeling, value, remains adequately given. I endeavor to show how Scheler draws support for his position from these cases and the great significance of his interpretation of these cases for his philosophical outlook as a whole. I close by considering some questions about his interpretation and use of these cases. (shrink)

As its title suggests, this anthology is a collection of papers presented at a conference on feelings and emotions held in Amsterdam in 2001. One of the symposium’s main goals was to draw some of the most prominent researchers in emotion research together and provide a multi-disciplinary ‘snap shot’ of the state of the art at the turn of the century. In that respect it is truly a cognitive science success story. There are articles from a wide range of fields, (...) encompassing, e.g., philosophy, neuroscience, anthropology, sociology, and psychology. Another goal was to emulate a series of conferences of the same name that had taken place in the early parts of the 20th Century. Included in the book are the title pages of these other conferences, which put the symposium in a nice historical context. The conference seems to have met both goals. It does, for instance, offer a vital snap shot of the state of emotions research at the turn of the century, though this does not mean that it is best suited for the annals of history. This volume will provide anyone interested in the cognitive science of the emotions a clear indication of where the field has come from, and insight into where it will be going. (shrink)

In a 1967 article, A. C. Graham made the claim that 情 qing should never be translated as "emotions" in rendering early Chinese texts into English. Over time, sophisticated translators and interpreters have taken this advice to heart, and qing has come to be interpreted as "the facts" or "what is genuine in one." In these English terms all sense of interrelationality is gone, leaving us with a wooden, objective stasis. But we also know, again partly through the work of (...) Graham, that interrelationality was of fundamental importance in the early Chinese cosmology and that qing, by later carrying the meaning of "emotions," expressed that interrelationality. I take as my project in this article the recovery of an emotional adumbration in the qing of early Chinese texts, notably the Mencius, from which Graham begins his discussion. With an eye to explicating qing in the Mencius, and with a sensitivity to an implied notion of interrelationality in early texts, I survey early literature from the Shu Jing to late commentaries on the Yi Jing. I find that usages of qing and contexts in which qing is used inevitably illuminate it as key term in the evocation of interrelationality, shading it with emotional overtones. Emotions, of course, are inherently interrelational, and even more so in a Chinese world in which the internal and the external are in constant communication by way of a cosmic interchange of arousal and response among all things. That qing, as a term which later comes to explicitly mean "emotions," should have a centuries old convention of emotional connotation prior to its explicit definition should come as no surprise. The corroboration of this supposition entails a complex investigation and analysis, however, and it is a preliminary step in this investigation and analysis that I undertake here. (shrink)

Nussbaum’s theory of the emotions draws heavily on the Stoic account. In her theory, emotions are a kind of value judgment or thought. This is in stark contrast to the well-known proposal from William James, who took emotions to be bodily feelings. There are various motivations for taking emotions as judgments. One main reason is that emotions are intentional mental states. They are always about something, directed at particular objects or state of affairs. For example, fear seems to involve the (...) anticipation of danger. To grief for the passing of a loved one involves the thought that someone dear to us is now gone. In Upheavals of Thought and also in her Hochelaga Lecture, Nussbaum analyzed compassion as a set of judgments, including for example the judgment that someone is experiencing serious suffering, and that the person in question does not deserve the suffering. (shrink)