RT Article
T1 Beyond public punitiveness: The role of emotions in criminal law policy
JF International journal of law, crime and justice
VO 57
SP 47
OP 58
A1 Peršak, Nina
LA English
YR 2019
UL https://krimdok.uni-tuebingen.de/Record/1685897703
AB The article examines the existing and potential role of emotions in the criminal law-making and criminal policy. It aims to inspect which emotions, if any, are more acceptable for influencing criminal policy and to what extent emotions could legitimately intervene in criminalisation processes. It first analyses the ways in which emotion has already penetrated into the criminal law, criminal justice and criminalisation. Next, it inspects the various characteristics of emotions, specifically those that are central in distinguishing between good and bad candidates for influencing criminal law policy, demonstrating that certain negative, highly intense, irrational and unstable or short-lived emotions can make bad law, as do atypical cases. The article then sketches a theoretical framework, composed of the requirements that should be fulfilled before any emotion could justifiably influence criminal law-making and of the further limits to such an enterprise. It concludes with recommendations and some thoughts on further research.
K1 Criminal law policy
K1 Criminalisation
K1 Emotion
K1 Justice
K1 Legitimacy
K1 Public sentiment
DO 10.1016/j.ijlcj.2019.02.001