Replaying the Past
Legal reasoning in the common law tradition requires judges to draw on concepts, and examples that are meant to resonate with a particular emotional import and operate in judicial reasoning as though they do. Judicial applications of constitutional rights are regularly interpreted by reference to p...
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| Format: | Article |
| Language: | English |
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Oñati International Institute for the Sociology of Law
2024-05-01
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| Series: | Oñati Socio-Legal Series |
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| Online Access: | https://opo.iisj.net/index.php/osls/article/view/1154 |
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| author | Emily Kidd White |
| author_facet | Emily Kidd White |
| author_sort | Emily Kidd White |
| collection | DOAJ |
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Legal reasoning in the common law tradition requires judges to draw on concepts, and examples that are meant to resonate with a particular emotional import and operate in judicial reasoning as though they do. Judicial applications of constitutional rights are regularly interpreted by reference to past violations (either through precedent, contextual framings, and/or legislative history), which in turn elicit a series of emotions which work to deepen and intensify judicial understandings of a right guarantee (freedom of association, freedom of expression, equality, security of the person, etc.). This paper examines the way in which invocations of past political histories, and rights abuses (however ill or well-defined), work to conjure up a set of service emotions (emotions which work to establish a particular frame of mind), which guide judicial applications of doctrine in cases concerning an alleged violation of a constitutional right.
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| format | Article |
| id | doaj-art-efeceeea1bfe44b7a15afb2bd30cfa06 |
| institution | OA Journals |
| issn | 2079-5971 |
| language | English |
| publishDate | 2024-05-01 |
| publisher | Oñati International Institute for the Sociology of Law |
| record_format | Article |
| series | Oñati Socio-Legal Series |
| spelling | doaj-art-efeceeea1bfe44b7a15afb2bd30cfa062025-08-20T02:27:54ZengOñati International Institute for the Sociology of LawOñati Socio-Legal Series2079-59712024-05-019510.35295/osls.iisl/0000-0000-0000-11051056Replaying the PastEmily Kidd White0York University Legal reasoning in the common law tradition requires judges to draw on concepts, and examples that are meant to resonate with a particular emotional import and operate in judicial reasoning as though they do. Judicial applications of constitutional rights are regularly interpreted by reference to past violations (either through precedent, contextual framings, and/or legislative history), which in turn elicit a series of emotions which work to deepen and intensify judicial understandings of a right guarantee (freedom of association, freedom of expression, equality, security of the person, etc.). This paper examines the way in which invocations of past political histories, and rights abuses (however ill or well-defined), work to conjure up a set of service emotions (emotions which work to establish a particular frame of mind), which guide judicial applications of doctrine in cases concerning an alleged violation of a constitutional right. https://opo.iisj.net/index.php/osls/article/view/1154EmotionsLaw and EmotionsJudgingLegal ReasoningConstitutional Rights |
| spellingShingle | Emily Kidd White Replaying the Past Oñati Socio-Legal Series Emotions Law and Emotions Judging Legal Reasoning Constitutional Rights |
| title | Replaying the Past |
| title_full | Replaying the Past |
| title_fullStr | Replaying the Past |
| title_full_unstemmed | Replaying the Past |
| title_short | Replaying the Past |
| title_sort | replaying the past |
| topic | Emotions Law and Emotions Judging Legal Reasoning Constitutional Rights |
| url | https://opo.iisj.net/index.php/osls/article/view/1154 |
| work_keys_str_mv | AT emilykiddwhite replayingthepast |