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“Emotional Evidence in Court”

  • Publication: Research Handbook on Law and Emotion

4/1/2021, Janice Nadler, Research Handbook on Law and Emotion

“Emotional Evidence in Court,” (w. H.J. Phalen and J.M. Salerno) in S. Bandes, et al, eds., Research Handbook on Law and Emotion (2021) 

This illuminating Research Handbook analyses the role that emotions play and ought to play in legal reasoning and practice, rejecting the simplistic distinction between reason and emotion.

International expert contributors take multidisciplinary approaches, drawing on neuroscience, philosophy, literary theory, psychology, history, and sociology to examine the role of a wide range of emotions across a variety of legal contexts. Chapters consider how the rich tapestry of human emotion impacts legal actors, influences legal doctrine, and shapes the dynamics of legal institutions. Moving beyond legal contexts traditionally considered rife with emotion such as the criminal law and jury trials, the Handbook explores how emotion relates to contracts, property, bankruptcy, international law, and truth and reconciliation commissions. It also reflects on the importance of research methodologies, theories, and techniques for assessing the role of emotion in the legal arena.

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