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  • Prescriptive descriptions : reason-emotion binary through feminist critique
    Čufar, Kristina
    While binary oppositions like reason-emotion are often presented as neutral descriptions, they are hierarchical and constitutive of reality. The reason-emotion binary contributed to the ... marginalization of certain groups of people identified with emotion rather than with reason. The chapter traces the genealogy of the reason-emotion binary and its implications in Western thought and legal systems through a rough overview of feminist critique on the subject. Reason-emotion binary has severe implications for law and legal reasoning as well as for other aspects of social organizing. Law is regularly perceived as an empire of reason and objectivity that must be protected from the unruly influence of emotions. While binary oppositions like reason-emotion are often considered neutral descriptive devices, dualisms are hierarchical and constitutive of the reality they purport to describe. The chapter traces how the reason-emotion binary contributed to the marginalization of certain groups (women, people of color, the colonized, the poor, and others) through the lens of feminist critique. Marginalized groups identified with emotion - the depreciated pole of the binary - were long excluded from full legal subjectivity and political participation. The chapter fleshes out and contextualizes the implications of the reason-emotion binary in legal theory and practice by tracing its genealogy in Western thought through a rough overview of feminist engagements with the implications of this dualism. Feminist critique is a crucial predecessor and inspiration of law and emotion scholarship, as well as an important reminder against uncritical reproductions of bias in (interdisciplinary) legal research.
    Vir: Diritto & questioni pubbliche : rivista di filosofia del diritro e cultura giuridica. - ISSN 1825-0173 (Vol. 23, spec. issue, Avgust 2023, str. 329-352)
    Vrsta gradiva - članek, sestavni del
    Leto - 2023
    Jezik - angleški
    COBISS.SI-ID - 168843523

    Povezava(-e):

    http://www.dirittoequestionipubbliche.org/page/2023_dq-recognise/g-02-Cufar.pdf

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