{"title":"法律与情感","authors":"E. Posner","doi":"10.2139/SSRN.241389","DOIUrl":null,"url":null,"abstract":"This paper presents a framework for understanding the relationship between rational choice and emotional behavior. Emotions are interpreted as temporary albeit predictable changes in preferences, abilities, and beliefs. People act rationally in anticipation of their own emotional reactions to provocations and other stimuli; they also act rationally when under the influence of emotion. The law needs to take account of both of these effects. The paper discusses (1) the sanction for murders committed under the influence of rage or hate, (2) the treatment of prejudicial evidence such as gory photographs, (3) safety regulation when individuals are subject to fear or dread, (4) contract and judicial remedies when parties become angry at each other, and (5) cost-benefit analysis of projects that provoke emotional responses.","PeriodicalId":47702,"journal":{"name":"Georgetown Law Journal","volume":"48 1","pages":"1977"},"PeriodicalIF":1.8000,"publicationDate":"2000-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"172","resultStr":"{\"title\":\"Law and the Emotions\",\"authors\":\"E. Posner\",\"doi\":\"10.2139/SSRN.241389\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"This paper presents a framework for understanding the relationship between rational choice and emotional behavior. Emotions are interpreted as temporary albeit predictable changes in preferences, abilities, and beliefs. People act rationally in anticipation of their own emotional reactions to provocations and other stimuli; they also act rationally when under the influence of emotion. The law needs to take account of both of these effects. The paper discusses (1) the sanction for murders committed under the influence of rage or hate, (2) the treatment of prejudicial evidence such as gory photographs, (3) safety regulation when individuals are subject to fear or dread, (4) contract and judicial remedies when parties become angry at each other, and (5) cost-benefit analysis of projects that provoke emotional responses.\",\"PeriodicalId\":47702,\"journal\":{\"name\":\"Georgetown Law Journal\",\"volume\":\"48 1\",\"pages\":\"1977\"},\"PeriodicalIF\":1.8000,\"publicationDate\":\"2000-09-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"172\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Georgetown Law Journal\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://doi.org/10.2139/SSRN.241389\",\"RegionNum\":2,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Georgetown Law Journal","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.2139/SSRN.241389","RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
This paper presents a framework for understanding the relationship between rational choice and emotional behavior. Emotions are interpreted as temporary albeit predictable changes in preferences, abilities, and beliefs. People act rationally in anticipation of their own emotional reactions to provocations and other stimuli; they also act rationally when under the influence of emotion. The law needs to take account of both of these effects. The paper discusses (1) the sanction for murders committed under the influence of rage or hate, (2) the treatment of prejudicial evidence such as gory photographs, (3) safety regulation when individuals are subject to fear or dread, (4) contract and judicial remedies when parties become angry at each other, and (5) cost-benefit analysis of projects that provoke emotional responses.
期刊介绍：
The Georgetown Law Journal is headquartered at Georgetown University Law Center in Washington, D.C. and has since its inception published more than 500 issues, as well as the widely-used Annual Review of Criminal Procedure (ARCP). The Journal is currently, and always has been, run by law students.
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