This article focuses on the most recent debates in a certain area of the ‘law and emotion’ field, namely the literature on the role of affect in the criminal law. Following the dominance of cognitivism in the philosophy of emotions, authors moved away from seeing emotions as contaminations on reason and examined how affective reactions could be accommodated within penal proceedings. The review is structured into two main components. I look first at contributions about the multi-dimensional presence of emotions within (...) ordinary criminal proceedings. Second, I examine work done on the use of criminal trials under the emotionally stressful circumstances of post-conflict societies. In the conclusion I sketch a theoretical proposal for moving the discussion forward. (shrink)

This paper offers a sustained philosophical meditation on contrasting interpretations of the emotion of shame within four academic discourses—social psychology, psychological anthropology, educational psychology and Aristotelian scholarship—in order to elicit their implications for moral education. It turns out that within each of these discourses there is a mainstream interpretation which emphasises shame’s expendability or moral ugliness (and where shame is typically described as guilt’s ugly sister), but also a heterodox interpretation which seeks to retrieve and defend shame. As the heterodox (...) interpretation seems to offer a more realistic picture of shame’s role in moral education, the provenance of the mainstream interpretation merits scrutiny. I argue that social scientific studies of the concept of shame, based on its supposed phenomenology, incorporate biases in favour of excessive, rather than medial, forms of the emotion. I suggest ways forward for more balanced analyses of the nature, moral justification and educative role of shame. (shrink)