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History of Law and Emotions History of Law and Emotions
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The Role of Emotions in Law The Role of Emotions in Law
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An Evolutionary Approach to Emotions and Law An Evolutionary Approach to Emotions and Law
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Feeling Emotions Feeling Emotions
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An Evolutionary Approach to Anger An Evolutionary Approach to Anger
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Applying the Evolutionary-Recalibrational Theory of Anger to the Law Applying the Evolutionary-Recalibrational Theory of Anger to the Law
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Evaluating Emotions Evaluating Emotions
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Assessing Acts Committed in the “Heat of Passion”: Motive Assessing Acts Committed in the “Heat of Passion”: Motive
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Assessing Acts Committed in the “Heat of Passion”: Intent and Volition Assessing Acts Committed in the “Heat of Passion”: Intent and Volition
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Legislating Emotions Legislating Emotions
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Emotions Drive Support for Legal Policies Emotions Drive Support for Legal Policies
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How Disgust Becomes Law How Disgust Becomes Law
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Conclusion Conclusion
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References References
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56 Evolution, Emotions, and the American Legal System
Get accessKeelah E. G. Williams, Department of Psychology, Hamilton College
Carlton Patrick, Department of Legal Studies, University of Central Florida
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Published:22 May 2024
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Abstract
Emotions are embedded in the law—explicitly in statutes, legal opinions, and jury instructions, as well as implicitly in the minds of legal actors. The aim of the law is to regulate behavior; to do so, the law relies on behavioral models and assumptions about the human mind. This chapter introduces an evolutionary approach to emotions in the law, highlighting its descriptive and normative utility in three legal contexts: determining how one’s own emotions shape legal decision-making; evaluating how the emotional experiences of others influences their behavior and legal culpability; and the legislative translation of emotions into legal and social policy. Within the legal sphere, an evolutionary approach provides a coherent framework for understanding the causal influences and cognitive mechanics of emotions. In doing so, an evolutionary perspective provides descriptive clarity, highlights novel explanations for legally relevant behavior, and provides insights that may inform normative debates in the law.
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