In our day-to-day lives, we form responsibility judgements about one another – but we are imperfect beings, and our judgments can be mistaken. This paper suggests that we get things wrong not merely by chance, but predictably and systematically. In particular, these miscues are common when we are dealing with large gaps in social status and power. That is, when we form judgements about those who are much more or less socially powerful than ourselves, it is increasingly likely that “epistemic (...) distorters” will reliably disrupt our reasoning. In response to this situation, I argue for the introduction of a new norm concerning blame and social status: “Powerful Restraint.” This norm suggests that the socially powerful ought to blame the socially dispossessed less frequently, and that social pressure be applied to achieve that compliance. I argue that such a norm is justified given the pernicious down-stream moral effects of the up-stream epistemic distortion I describe. I defend it against objections that it suggests a normative solution to an epistemic problem, that it is paternalistic, and that it involves a kind of disrespect to the less socially powerful. (shrink)

Law and emotion has evolved into a vibrant and diverse field, drawing in legal scholars and interdisciplinary partners from across the social sciences, hard sciences, and humanities. This introduction to the special section on law and emotion traces the history and theoretical underpinnings of this movement and situates the special section within it. The insights of emotion research can help legal scholars and practitioners to better calibrate law to human realities and to foster a desired set of emotional experiences among (...) law’s subjects. Law, in turn, offers to researchers a forum within which to explore emotion in a dynamic and influential real-world setting. The introduction ends with a call to disciplined interdisciplinarity. (shrink)

This article provides a brief introduction to psychological emotion theories, particularly appraisal theory. According to appraisal theory emotions are combinations of a person’s appraisal of the novelty, valence, certainty, goal conduciveness, causal agency, controllability, and morality of a situation. These dimensions correspond to elements of the stories attorneys attempt to create in arguing a case. Appraisal theory puts specific content into the vague concept of reappraisal, accounting for emotional changes that go beyond the changes in valence and intensity generally studied (...) by law and emotions scholars. (shrink)