Law Commons^™

Criminological Characteristics Of The Offender Who Committed A Crime In A State Of Affect (Strong Mental Excitement), Komil Khakimov

Review of law sciences

This article describes the identity of the offender, which the author considers as a criminological element of crimes committed in the state of passion. It contains a detailed analysis of the marital status of the offender, psychological symptoms, circumstances that led to the commission of the crime. The author's conclusions on the factors determining the personality of the offender who committed the crime in a state of passion are put forward in the article

Affect (Strong Mental Excitement) As Means Of Legal Structure In A Condition Of Relief And Penalty, K. Khakimov

Review of law sciences

The article analyzes the main features and qualification of a crime committed in the heat of passion as provided in the article 98, 106 of Criminal Code of the Republic of Uzbekistan. IT ALSO studies the main principles in understanding the concept of affect and the relation between legal and psychological meaning of affect. The analysis provides specific suggestions for improving the criminal law of the Republic of Uzbekistan.

Questions Of Improving The Individual Articles Of The Criminal Code In The Process Of Further Deeping Of Democratic Reforms Criminal Code 98, 106-Articles, K. Xakimov

Review of law sciences

The article considers the problems of interpretation of the concept of affect in the theory of criminal law and analyzes the main features of a crime committed in the heat of passion as provided in the article 98,106 of Criminal code of the Republic of Uzbekistan. In this article studies the main principles in understanding the concept of affect and the relation between legal and psychological meaning of affect. The analysis provides specific suggestions for improving the criminal law of the Republic of Uzbekistan.

Amplifying Lgbtqia+ Presence Through Queer Legal Worldmaking: The Role Of Affect In Renegotiating Value Hierarchies In Political Argument, Hilary Ann Rasmussen

Theses and Dissertations

In this dissertation, I propose to better explain the argumentative processes by which communities are constituted in political crisis moments and how, within those moments, social movement and legal rhetorics co-create the rhetorical possibilities for queer legal worldmaking. Specifically, I argue that affect functions as an important tool within argumentative loci of presence (magnitude, proximity, and severity) and is intimately connected to value-warrants in political argument. When the affective resonance of polices exclusive of LGBTQIA+ persons is made present, deeply held values can be reappropriated in order to enact political change. Queer legal worldmaking is less about the creation of …

The Gmo/Ge Debate, Joanna K. Sax

Faculty Scholarship

The scientific community and the public sphere are having different debates about the application of genetic engineering to improve our food supply. Many that are deeply steeped in the science view genetically engineered food as a more precise way to accomplish what we have been doing for centuries, which is genetically modifying our food supply. Some members of the public view genetically engineered food with skepticism especially as it relates to health, safety and the environment. A disconnect between the scientific consensus and public perception is not a new phenomenon. This Article attempts to bridge this gap by explaining what …

The Influence Of Emotional And Situated Social Cognition Factors On Consents To Search, Sarah A. Moody

UCARE Research Products

The Fourth Amendment to the US Constitution holds that the government cannot conduct an unreasonable search or seizure without probable cause or consent. A surprising majority of people acquiesce to search requests and research is lacking in determining what factors play a role in these decisions. Findings from the current research on the roles of emotions and situated social cognition in consents to search may help police officers and other legal authority figures ensure against coercive or unfair consents. Based upon regression models constructed from the data, authority figures can alter their search requests to help prevent coercion. The current …

Introduction: Analysing Emotion And Theorising Affect, Peta Tait

Faculty of Law, Humanities and the Arts - Papers (Archive)

Increased interest in the study of the emotions and affect within the humanities and creative arts can be identified in Australia, where there is nationally funded interdisciplinary research into the history of emotions [1]. While the study of the emotions can be found across a number of academic disciplines, historically, it was theatrical performance that publicly displayed—as well as challenged—ideas of emotional expression in society. The philosophical complexity of theatre is described in, for example: Aristotle’s expectation of benefit to society from the arousal of pity and fear [2]; Diderot’s appreciation that good actors do not feel the emotion that …

Invigorating Play: The Role Of Affect In Online Multiplayer Fps Games, Christopher Moore

Christopher L Moore Dr

The first-person shooter (FPS) genre has its origins in the cinematic visual technique known as the first-person subjective camera angle (Galloway 2006, 40). The first-person view is framed by merging camera lens with the character's eye to create a "rectilinear plane of Albertian perspective" (O'Riley 1998, 18). The visual impression of this" Renaissance pictorial tactic" (Shinkle 2005, 24) produces a subjective view that is remediated through the technologies of photography, cinema, and FPS games as an entirely modern sense of experiencing the world (O'Riley 1998).

Screenshots As Virtual Photography: Cybernetics, Remediation, And Affect, Christopher Moore

Christopher L Moore Dr

Screenshots are a ubiquitous form of visual communication online and off. They are common across the Web, in print and televisual media, where such images are required to provide evidence of screen activity. Critical analysis of screenshots as digital tools and media objects has rarely been attempted in media studies and the digital humanities, but these disciplines offer powerful and complimentary means for examing the assumptions embedded in their form and function. In this chapter I couple the investigation of screenshots as a convergence of old and new media technologies with the emerging processes for data analysis and network visualization.

Information Overload, Multi-Tasking, And The Socially Networked Jury: Why Prosecutors Should Approach The Media Gingerly, Andrew E. Taslitz

School of Law Faculty Publications

The rise of computer technology, the internet, rapid news dissemination, multi-tasking, and social networking have wrought changes in human psychology that alter how we process news media. More specifically, news coverage of high-profile trials necessarily focuses on emotionally-overwrought, attention-grabbing information disseminated to a public having little ability to process that information critically. The public’s capacity for empathy is likewise reduced, making it harder for trial processes to overcome the unfair prejudice created by the high-profile trial. Market forces magnify these changes. Free speech concerns limit the ability of the law to alter media coverage directly, and the tools available to …

Rationality, Insanity, And The Insanity Defense: Reflections On The Limits Of Reason, Theodore Y. Blumoff

Theodore Y. Blumoff

Individuals who suffer from chronic paranoid ideations live with deeply embedded conspiratorial delusions that are sometimes accompanied by unwanted visual and/or auditory stimuli, sometime neither: just psychotic delusions in which they feel as if they have lost control of their lives – and of course they have, albeit not from the performances of foreign forces. When those perceived forces persevere for even a fairly short period of time, they can dictate the performance of evil deeds that the individual ultimately feels helpless to oppose. What observations and findings from neuroscience make clear is that such individuals do not lack knowledge, …

Information Overload, Multi-Tasking, And The Socially Networked Jury: Why Prosecutors Should Approach The Media Gingerly, Andrew Taslitz

Andrew E. Taslitz

The rise of computer technology, the internet, rapid news dissemination, multi-tasking, and social networking have wrought changes in human psychology that alter how we process news media. More specifically, news coverage of high-profile trials necessarily focuses on emotionally-overwrought, attention-grabbing information disseminated to a public having little ability to process that information critically. The public’s capacity for empathy is likewise reduced, making it harder for trial processes to overcome the unfair prejudice created by the high-profile trial. Market forces magnify these changes. Free speech concerns limit the ability of the law to alter media coverage directly, and the tools available to …

How Do Securities Laws Influence Affect, Happiness, & Trust?, Peter H. Huang

Publications

This Article advocates that securities regulators promulgate rules based upon taking into consideration their impacts upon investors' and others' affect, happiness, and trust. Examples of these impacts are consumer optimism, financial stress, anxiety over how thoroughly securities regulators deliberate over proposed rules, investor confidence in securities disclosures, market exuberance, social moods, and subjective well-being. These variables affect and are affected by traditional financial variables, such as consumer debt, expenditures, and wealth; corporate investment; initial public offerings; and securities market demand, liquidity, prices, supply, and volume. This Article proposes that securities regulators can and should evaluate rules based upon measures of …

Henry James, Affect And The Writer/Researcher, Catherine Cole

Faculty of Law, Humanities and the Arts - Papers (Archive)

In this paper I am going to examine the role of the fiction writer/academic in university writing programs, especially the way in which they wear numerous research hats. Multi-skilled in every sense of the word, they range over university research restlessly - research for a novel one day, pedagogical research the next, time snatched, if they're lucky, to pursue their 'formal' research projects, to apply for funding not just from the ARC but from the Literature Board and other community funds available to writers. They find the time to give conference papers and meet other researchers in their fields. While …

Law And Emotion: A Proposed Taxonomy Of An Emerging Field Special Edition, Terry A. Maroney

Vanderbilt Law School Faculty Publications

Many scholars - from fields as diverse as psychology, law, philosophy, and neuroscience - have begun to study the intersection of emotion and law. I describe that scholarship's development; propose that it is organized along six interrelated but theoretically distinct foci; and suggest directions for future research.

The notion that reason and emotion are cleanly separable - and that law admits only of the former - is deeply engrained, though it recently has come under attack. Law and emotion scholarship proceeds from the beliefs that emotion may be specifically studied, that it is relevant to law, and that its legal …

Texas Adoption Laws And Adoptee's Rights Of Access To Confidential Records., Cynthia A. Rucker

St. Mary's Law Journal

Since the adoption process affects the lives of numerous people, courts must reach a decision which benefits all parties involved in the process. Many adoptees retain an emotional desire, or a psychological need, to ascertain the identity of their birth parents. This desire or need is in direct conflict with state statutes mandating adoption information remain sealed and confidential. In recent years, courts across the country have considered several cases challenging the validity of confidentiality statutes on constitutional grounds. Primarily, adoptees have asserted confidentiality statutes deny them a fundamental right to privacy, a right to receive information, and a right …