Reason and emotion are often cast as opposites. Yet emotion comes in a wide array of manifestations and has a variety of relations with its supposed opposite. Understanding emotion better is key to grasping how jurisprudence casts the relation between psychology and judicial decision making. Jurisprudents disagree on whether and when (lack of) emotion is a problem for decision makers in the justice system. The aim of this paper is to shed light on unarticulated assumptions in mainstream legal theory concerning (...) this disagreement. The paper plots the different positions jurisprudents hold concerning the role of emotion in judicial decision making, regardless of where they stand on matters such the nature of law. The paper substantiates the claim that legal theorists often take an irrationalist approach to emotion but occasionally develop an alternative account that is closer to a cognitivist approach, the prime example of which is the claim that equity requires practical reasoning. Emotions are then cast as skills to be appreciated. The paper concludes that jurisprudence adopts a simplistic view of emotion. The study of the role of emotion has been hampered by the tendency to view emotions reductively. My classificatory effort warrants the conclusion that lack of emotion – understood as a skill in cognitivist terms – constitutes a problem for justice. (shrink)

For a long time the dominant view on the nature of blame was that to blame someone is to have an emotion toward her, such as anger, resentment or indignation in the case of blaming someone else and guilt in the case of self-blame. Even though this view is still widely held, it has recently come under heavy attack. The aim of this paper is to elaborate the idea that to blame is to have an emotion and to defend the (...) resulting emotion account of blame. (shrink)

In this paper I argue that it is misleading to regard the brain as the physical basis or “core machinery” of moods. First, empirical evidence shows that brain activity not only influences, but is in turn influenced by, physical activity taking place in other parts of the organism. It is therefore not clear why the core machinery of moods ought to be restricted to the brain. I propose, instead, that moods should be conceived as embodied, i.e., their physical basis should (...) be enlarged so as to comprise not just brain but also bodily processes. Second, I emphasise that moods are also situated in the world. By this I do not simply mean that moods are influenced by the world, but that they are complexly interrelated with it, in at least three different ways: they are shaped by cultural values and norms; they are materially and intersubjectively “scaffolded”; and they can even “experientially incorporate” parts of the world, i.e., include the experience of parts of the world as part of oneself. (shrink)

The thesis of the extended mind (ExM) holds that the material underpinnings of an individual’s mental states and processes need not be restricted to those contained within biological boundaries: when conditions are right, material artefacts can be incorporated by the thinking subject in such a way as to become a component of her extended mind. Up to this point, the focus of this approach has been on phenomena of a distinctively cognitive nature, such as states of dispositional belief, and processes (...) of planning and calculation. In this paper, we aim to expand the scope of ExM by considering the case for extended affectivity. We begin by clarifying the central commitments of ExM, before investigating its applicability to a range of affective phenomena, both dispositional and occurrent. We argue that proponents of ExM should also accept that the vehicles of emotions, moods, sentiments, temperaments, and character traits can extend beyond skull and skin. (shrink)

Recent developments in cognitive science have prompted philosophers to speculate about the importance of empathy, the ability to directly apprehend and take on the mental and emotional states of others, in understanding and being motivated by moral norms—particularly moral norms concerning other humans. In this paper, I investigate whether some kind of empathy is involved in Thomas Aquinas’s account of the virtue of justice, which he describes as essentially other-directed. I claim that a kind of empathy is involved in Aquinas’s (...) notion of friendship and that this notion of friendship is related to justice as a virtue as its goal. Having the virtue of justice is geared towards establishing true friendship, at least in part. In so doing, it is directed towards establishing a sufficient groundwork for genuine empathy. Instances of genuine empathy, then, are approximations of this goal of the work of justice, even if they occur outside the context of a true friendship. Given this, I describe possible roles Aquinas might afford empathy and empathetic emotions in the context of cultivating the virtue of justice, including roles in motivation and knowledge. (shrink)

An internal critique of anthropology in recent decades has shifted the focus and scope of anthropological work on emotion. In this article I review the changes, explore the pros and cons of leading anthropological approaches and theories, and argue that—so far as anthropology is concerned—only detailed narrative accounts can do full justice to the complexity of emotions. A narrative approach captures both the particularity and the temporal dimension of emotion with greater fidelity than semantic, synchronic, and discourse-based approaches.