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Journal of the Polish Section of IVR (ISSN:2082-3304)

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The Scale and Diversity of References to Emotion in Polish Case Law on Personal Injury

dr Julia Wesołowska

Jagiellonian University in Krakow

English abstract: This article is intended as a systematic, quantitative study of the occurrence of emotion-related terms in the discourse of Polish case law on personal injury. My purpose is to show the scale (prevalence) and range (variety) of references to terms related to feelings and affect in the decisions of Polish courts, and to compare this data with rudimentary psychological nomenclature. I am interested not only in how often Polish courts refer to affective phenomena in general, but also how they distinguish various kinds of emotions and, to some extent, what role they assign to them in their reasoning about personal injury. This data is placed in the context of basic psychological models. This is supplemented by preliminary remarks on what roles most notable emotions fulfill, aiming at creating a rudimentary taxonomy of emotions in Polish case law on personal injury. In this way the study aims to answer the questions whether Polish courts notice emotions while adjudicating on non-pecuniary harm, what range of emotions they refer to, and how this data shows the perceived function of affect-related terms in case law. In short, the aim of this article may be described as drawing up a tentative “map” of the affective legal terrain, as well as a taxonomy of functions that emotions may play in personal injury law.

Keywords: Law and Emotion, civil law, emotions, tort law, Polish law, non-pecuniary harm, damages.

Language: English

Published: nr 2(39) 2024, pp. 59-80.

DOI: https://doi.org/10.36280/AFPiFS.2024.2.59

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Number of downloads: 75

This text is licensed under a Creative Commons Attribution 4.0 International License.

Filed Under: Articles Tagged With: civil law, damages, emotions, Law and Emotion, non-pecuniary harm, Polish law, tort law

Passion’ resumption? Emotions and impartiality

Dr Maciej Wojciechowski

University of Gdańsk

English abstract: Traditional philosophical tension between a reason and emotions has been a subject of increasing objections. As a result emotions are defended by pointing their connections with beliefs, value judgments to name just a few strategies. This paper also takes up an attempt of this sort showing that traditional definition of emotions with features of the process of application of law makes a threat from the emotions for the impartiality of a judge much less warranted than it might seem. What is more, an attempt is taken up to argue that feeling can be a chance for impartiality conceived as argumentative openness.

Keywords: reason, emotions, impartiality, judicial decision

Language:Polish

Published: Number 2(7)/2013, pp. 71-77

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Number of downloads:
237

Filed Under: Articles Tagged With: emotions, impartiality, judicial decision, reason

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philosophy of mind Michał Barański legislative history public sense of justice state sovereignty operative legal interpretation Maksymilian Hau Arlie Hochschild phenomenological philosophy metaphysical grounding open society professional ethics of legal advisors ethical monism Hanna Dębska collective memories principle of nondiscrimination legislative construction reflexive constitutionalism External Uncertainty of Law constitutional pluralism social rights legislative theatre social facts Sławomir Tkacz Adolf Julius Merkl public reason legality ethical pluralism post-theology legal form religious-only marriages reducing pensions of communist officials universal pragmatics constitutional values empowerment objectivity general clause narration animals public participation rationalism naturalism aretaic theory legal gap metaphysical vagueness politics of memory Pašukanis situationist and normativist concepts administrative courts Stanisław Jędrczak

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