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Full-Text Articles in Law
Law Students, Covid-19, And Big Feelings, Olivia R. Smith Schlinck
Law Students, Covid-19, And Big Feelings, Olivia R. Smith Schlinck
Library Staff Online Publications
It’s Fall 2021 and well . . . we’re back. Or rather – some of us are. Along with a patchwork of universities requiring vaccinations and/or masks for students comes a patchwork of modes of instruction: fully online, hybrid, fully in-person (and subject to change). Some employees have shifted to occasional work-from-home models while others are required to be in-person every day. It’s all very complicated. Honestly, right now everything is complicated. With big, complicated situations come big, complicated feelings, and our students’ feelings are certainly that: big.
Mitigations: The Forgotten Side Of The Proportionality Principle, Paul H. Robinson
Mitigations: The Forgotten Side Of The Proportionality Principle, Paul H. Robinson
All Faculty Scholarship
In the first change to the Model Penal Code since its promulgation in 1962, the American Law Institute in 2017 set blameworthiness proportionality as the dominant distributive principle for criminal punishment. Empirical studies suggest that this is in fact the principle that ordinary people use in assessing proper punishment. Its adoption as the governing distributive principle makes good sense because it promotes not only the classic desert retributivism of moral philosophers but also crime-control utilitarianism, by enhancing the criminal law’s moral credibility with the community and thereby promoting deference, compliance, acquiescence, and internalization of its norms, rather than suffering the …
Engaging Capital Emotions, Douglas A. Berman, Stephanos Bibas
Engaging Capital Emotions, Douglas A. Berman, Stephanos Bibas
All Faculty Scholarship
The Supreme Court, in Kennedy v. Louisiana, is about to decide whether the Eighth Amendment forbids capital punishment for child rape. Commentators are aghast, viewing this as a vengeful recrudescence of emotion clouding sober, rational criminal justice policy. To their minds, emotion is distracting. To ours, however, emotion is central to understand the death penalty. Descriptively, emotions help to explain many features of our death-penalty jurisprudence. Normatively, emotions are central to why we punish, and denying or squelching them risks prompting vigilantism and other unhealthy outlets for this normal human reaction. The emotional case for the death penalty for child …
Sentimental Stereotypes: Emotional Expectations For High-And Low-Status Group Members, Larissa Z. Tiedens, Phoebe C. Ellsworth, Batja Mesquita
Sentimental Stereotypes: Emotional Expectations For High-And Low-Status Group Members, Larissa Z. Tiedens, Phoebe C. Ellsworth, Batja Mesquita
Articles
Three vignette studies examined stereotypes of the emotions associated with high- and low-status group members. In Study 1a, participants believed that in negative situations, high-status people feel more angry than sad or guilty and that low-status people feel more sad and guilty than angry. Study 1b showed that in response to positive outcomes, high-status people are expected to feel more pride and low-status people are expected to feel more appreciation. Study 2 showed that people also infer status from emotions: Angry and proud people are thought of as high status, whereas sad, guilty, and appreciative people are considered low status. …
Modernist Social Theory: Roberto Unger’S Passion, James Boyle
Modernist Social Theory: Roberto Unger’S Passion, James Boyle
Faculty Scholarship
No abstract provided.