Emotions in Judgments?

 

                        Emotions in Judgments?  

Dear buddies! Recently, I came across a philosophical book, namely Hiding from Humanity: Disgust, Shame, and the Law', by a well-known living philosopher, Martha C. Nussbaum. Human emotions in judicial law and the role of disgust and shame in the law are the key themes of the book.

What is the need to consider emotions in judging?

It is because we are emotional beings. The emotions are involved in our interconnection with each other, where we tend to be vulnerable and may cause harm in many ways because we are not self-sufficient. By using these emotions, we can determine the magnitude and severity of the crime and evaluate the state of mind of the victim and the accused. If the crime is committed under reasonable provocation (out of self-defence—no other choice) by the victim, the punishment can be mitigated.

Should disgust and shame be included in criminal laws?

It is debatable because, on the one hand, they keep ethical order, but on the other hand, they exclude certain groups of people and subject them to humiliation. If a person commits a crime out of disgust and with no threat from the victim (e.g., killing two lesbians at the sight of their intercourse), should it be mitigated? No, for a reasonable man goes away from the sight (alternative choice).

In this way, the essential emotions could be included in criminal laws and judgments in certain situations, not disgust and shame.

                                                                                                                                               By Vamshi.