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Frontiers of legal theory

Cambridge, Mass.: Harvard University Press (2001)

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  1. The Ideal of the Dispassionate Judge: An Emotion Regulation Perspective.Terry A. Maroney & James J. Gross - 2014 - Emotion Review 6 (2):142-151.
    According to legal tradition, the ideal judge is entirely dispassionate. Affective science calls into question the legitimacy of this ideal; further, it suggests that no judge could ever meet this standard, even if it were the correct one. What judges can and should do is to learn to effectively manage—rather than eliminate—emotion. Specifically, an emotion regulation perspective suggests that judicial emotion is best managed by cognitive reappraisal and, often, disclosure; behavioral suppression should be used sparingly; and suppression of emotional experience (...)
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  • Law’s Cultural Project and the Claim to Universality or the Equivocalities of a Familiar Debate.José Manuel Aroso Linhares - 2012 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 25 (4):489-503.
    Do our present circumstances allow us to defend a specific connection (that specific connection) between «legal rules», «moral claims» and «democratic principles» which we may say is granted by an unproblematic presupposition of universality or by an «acultural» experience of modernity? In order to discuss this question, this paper invokes the challenge-visée of a plausible reinvention of Law’s autonomous project (a reinvention which may be capable of critically re-thinking and re-experiencing Law’s constitutive cultural-civilizational originarium in a «limit-situation» such as our (...)
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