法律與情感運動

Law and Emotion Movement

本文的目的在於介紹美國自一九八○年代末期興起之法律與情感運動，包括該運動之興起背景、基本立場、發展狀況，以及所面臨的挑戰，指出此一新的研究路徑不僅能夠深化我們對於法律的認識，更能夠協助政策制定者回應當代法律政策高度受到情感左右的問題。臺灣雖已有研究者進行法律與情感的研究，至今的發展仍相當有限。本文因而希望召喚更多研究，如此不僅能擴大理論視野，更能回應因新自由主義所造成的法律政策與司法判決的困局。

Law and emotion scholarship has emerged in the US since the late 1980s. It has challenged the conventional notions that reason and emotion are separate, and law should privilege reason. It has pointed out that law has actually been long interacted with emotions. It is just the emotionalization of criminal justice in the recent years has brought scholars’ attention to the role of emotion in the law. This newly-emerged field of law has not only changed our understanding of law, but, more importantly, helped us to address issues that have been brought by punitive sentiments of the public. Since Taiwan has been equally troubled by emotionalization of criminal justice, it is important for Taiwanese scholars to engage more law and emotion researches, and develop an emotionally intelligent justice system.