DDRO 27A67 - Law, Emotions and Politics

DDRO 27A67 · Spring semester 2025-2026

Language of tuition
English
Course type
Cours séminaire
Number of hours
24
Credits
3

Information

Description

Since Aristotle, law and justice are most often defined as rational; they are opposed to passions and emotions.

However, the shortcomings of legal positivism, and the development of socio-legal studies have lead lawyers, philosophers, and political scientists to reexamine the value of emotions in law.

Their research allows us to look at law, in general, as benefiting from a not-purely rational approach; in particular, some contemporary issues of law underline the specific relation of law with certain emotions – such as shame, disgust, fear, joy, sense of security, etc.

It also suggests the existence of purely legal emotions that people may experience only insofar as they have an intimate relationship to their polity.

ACADEMIC EXPECTATIONS

By surveying some aspects of the relationship between emotions and the law, this course seeks to provide students with up-to-date conceptual tools to approach the issue of populism from a legal standpoint.

A major methodological goal for the class is the acquisition of text-analysis skills in the field of legal literature.

Assessment

Class participation 15%

Starting week 3, students are expected to come to class with a very concise outline of a text commentary on each reading. They will be randomly called on to explain the way they would approach a commentary of the text discussed.

Midterm (Text commentary – in class – detailed outline)35%
Final (Text commentary – fully drafted)50%

Readings

Main readings 1

  1. Bandes, Susan A. The Passions of Law. New York University Press, 1999.

    Borrow

Further readings 5

  1. Cane, Peter, and Joanne Conaghan. The New Oxford Companion to Law: Oxford University Press, 2009

    Borrow

  2. Conway, Heather, and John Stannard. The Emotional Dynamics of Law and Legal Discourse. Bloomsbury Publishing, 2016.

    Borrow

  3. Hertogh, Marc. Nobody’s Law: Legal Consciousness and Legal Alienation in Everyday Life. Palgrave Pivot, 2018.

  4. Herzog, Tamar. A Short History of European Law: The Last Two and a Half Millennia. Harvard University Press, 2019.

    Read online

  5. Martha Craven Nussbaum. Hiding from Humanity Disgust, Shame, and the Law. Princeton, N.J.; Woodstock Princeton University Press, 2004.

    Read online

Teaching units

Unit no.Unit type Teaching unitsTeachers Number of hoursCredits
59161Cours séminaire Law, Emotions & Politics Gr1 Hugo PARTOUCHE243
59162Cours séminaire Law, Emotions & Politics Gr2 Hugo PARTOUCHE243

Teachers

  • Hugo PARTOUCHE

In the curricula

Contacts and resources

Contact
GUIBORAT Célia