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Laster, Kathy; O'Malley, Pat
International journal of the sociology of law, 03/1996, Volume: 24, Issue: 1Journal Article
Documents the under-explored reassertion of emotionality in law and locates it in the late modern social context. Illustrates these developments in relation to specific contexts, and considers this countertendency as representing one of 2 principal legal paradigms (the technocratic and the emotional) which have emerged as countervailing patterns of positive/rational law. Suggests that a recognition and understanding of the relations between all 3 of these paradigms (positivist/rational, technocratic and emotional) is crucial to understanding the durability of legal order.
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