Segue a ementa da matéria intitulada 'Emotion, Reason and Law' lecionada por Martha Nussbaum na Universidade de Chicago.
Emotions figure in many areas of the law, and many legal doctrines (from reasonable provocation in homicide to mercy in criminal sentencing) invite us to think about emotions and their relationship to reason. In addition, some prominent theories of the limits of law make reference to emotions: thus Lord Devlin and, more recently, Leon Kass have argued that the disgust of the average member of society is a sufficient reason for rendering a practice illegal, even though it does no harm to others. Emotions, however, are all too rarely studied closely, with the result that both theory and doctrine are often confused.
Ainda, recomendo a bibliografia:
Poetic Justice: The Literary Imagination and Public Life, Bacon Press, Chicago, 1997.
Poets as Judges: Judicial Rhetoric and the Literary Imagination, The University of Chicago Law Review, Vol. 62, No. 4 (Autumn, 1995), pp. 1477-1519
The Use and Abuse of Philosophy in Legal Education, Stanford Law Review, Vol. 45, No. 6 (Jul., 1993), pp. 1627-1645
The Literary Imagination in Public Life, New Literary History, Vol. 22, No. 4, Papers from the Commonwealth Center for Literary and Cultural Change (Autumn, 1991), pp. 877-910
Skepticism about Practical Reason in Literature and the Law," Harvard Law Review, Vol. 107, No. 3, Jan 1994 (http://bit.ly/idznqM)
quarta-feira, 29 de dezembro de 2010
quarta-feira, 8 de dezembro de 2010
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