The Legal History of Emotions

Simmonds, A; Reiter, EH

The Legal History of Emotions

Simmonds, A

Reiter, EH

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Publisher:: Routledge
Publication Type:: Chapter
Citation:: The Routledge History of Emotions in the Modern World, 2023, pp. 423-439
Issue Date:: 2023-01-01

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Field	Value	Language
dc.contributor.author	Simmonds, A https://orcid.org/0000-0002-8204-2321
dc.contributor.author	Reiter, EH
dc.date.accessioned	2023-11-04T21:50:29Z
dc.date.available	2023-11-04T21:50:29Z
dc.date.issued	2023-01-01
dc.identifier.citation	The Routledge History of Emotions in the Modern World, 2023, pp. 423-439
dc.identifier.isbn	9780367902438
dc.identifier.uri	http://hdl.handle.net/10453/172989
dc.description.abstract	The legal emotions history is a theoretically and methodologically pluralistic field that brings into dialogue scholarship by legal scholars on ‘law and emotions’ and scholarly work by historians on the ‘history of emotions’. It subjects historical legal records to jurisprudential and historiographical critique to explore how emotions shaped legal relations and how law and its institutions sought to control, regulate or foster certain emotions. By centring emotions in legal history, the field undermines assumptions about the timelessness or spontaneity of emotions and destabilises positivist perceptions of modern law as the ‘perfection of reason’. Beginning with an overview of trends in both legal and historical approaches to the topic, this chapter offers a taxonomy of future research directions and concludes with a call to decolonise the legal emotions history by moving beyond western legal archives to engage with a plurality of legal languages and epistemologies.
dc.format.extent	36
dc.language	en
dc.publisher	Routledge
dc.relation.ispartof	The Routledge History of Emotions in the Modern World
dc.relation.isbasedon	10.4324/9781003023326-33
dc.rights	info:eu-repo/semantics/closedAccess
dc.title	The Legal History of Emotions
dc.type	Chapter
pubs.organisational-group	/University of Technology Sydney
pubs.organisational-group	/University of Technology Sydney/Faculty of Law
utslib.copyright.status	closed_access	*
pubs.consider-herdc	false
dc.date.updated	2023-11-04T21:50:28Z
pubs.place-of-publication	UK
pubs.publication-status	Published
dc.location	UK

Abstract:

The legal emotions history is a theoretically and methodologically pluralistic field that brings into dialogue scholarship by legal scholars on ‘law and emotions’ and scholarly work by historians on the ‘history of emotions’. It subjects historical legal records to jurisprudential and historiographical critique to explore how emotions shaped legal relations and how law and its institutions sought to control, regulate or foster certain emotions. By centring emotions in legal history, the field undermines assumptions about the timelessness or spontaneity of emotions and destabilises positivist perceptions of modern law as the ‘perfection of reason’. Beginning with an overview of trends in both legal and historical approaches to the topic, this chapter offers a taxonomy of future research directions and concludes with a call to decolonise the legal emotions history by moving beyond western legal archives to engage with a plurality of legal languages and epistemologies.

Please use this identifier to cite or link to this item:

http://hdl.handle.net/10453/172989