For a Critical Approach to Law and Emotions: the Intersection of Emotions and Criminal Behaviour in the Legal Domain

This dissertation focuses on the controversial intersection between emotions and law. This relationship is examined through the integration of philosophical, psychological and neuroscientific perspectives, which facilitate an understanding of the nature of emotional states and their relationship to the rational domain of law. The analysis primarily concentrates on the intensity and capacity of emotions to influence individuals during the perpetration of criminal acts, and the manner in which these factors are considered during legal proceedings and in the determination of sentence for the accused. It is a multifaceted study that addresses concepts such as responsibility and free will, which are pivotal to legal judgments. There is a comparative analysis conducted to examine the role of emotions in legal proceedings as mitigating factors highlighting similarities and differences across jurisdictions. In relation to the emotional states of the defendant, the concept of emotional manipulation is then explored, followed by an investigation of the role of empathy in the context of legal proceedings. It is a study that highlights how the dichotomy between emotions and legality encompasses more complicated nuances than the simple relationship between reason and feeling. It traverses several areas that enable us to frame the unpredictable and vulnerable nature of human nature in relation to the community. This offers the opportunity to comprehend the complexity of the human experience, emphasizing the necessity for a nuanced approach to emotions in order to balance justice and fairness.