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Liesbeth Huppes-Cluysenaer Nuno M.M.S. Coelho Editors Aristotle on Emotions in Law and Politics Law and Philosophy Library Law and Philosophy Library 121 Liesbeth Huppes-Cluysenaer Nuno M.M.S. Coelho Editors Aristotle on Emotions in Law and Politics Law and Philosophy Library Volume 121 Series editors Francisco J. Laporta, Autonomous University of Madrid, Spain Frederick Schauer, University of Virginia, USA Torben Spaak, Stockholm University, Sweden Editorial Board Aulis Aarnio, Secretary General of the Tampere Club, Finland Humberto A´ vila, University of S~ao Paulo, Brazil Zenon Bankowski, University of Edinburgh, UK Paolo Comanducci, University of Genoa, Italy Hugh Corder, University of Cape Town, South Africa David Dyzenhaus, University of Toronto, Canada Ernesto Garzo´n Valde´s, Johannes Gutenberg Universitat, Germany Riccaro Guastini, University of Genoa, Italy Ho Hock Lai, National University of Singapore, Singapore John Kleinig, City University of New York, USA Claudio Michelon, University of Edinburgh, UK Patricia Mindus, Uppsala University, Sweden Yasutomo Morigiwa, Meiji University, Japan Giovanni Battista Ratti, University of Genova, Italy; University of Girona, Spain Wojchiech Sadurski, University of Sydney, Australia Horacio Spector, University of San Diego, USA; Universidad Torcuato Di Tella, Argentina Robert S. Summers, Cornell University, USA Michel Troper, Universite´ de Paris Quest - Nanterre, France Carl Wellman, Washington University, USA The Law and Philosophy Library, which has been in existence since 1985, aims to publish cutting edge works in the philosophy of law, and has a special history of publishing books that focus on legal reasoning and argumentation, including those that may involve somewhat formal methodologies. The series has published numer- ous important books on law and logic, law and artificial intelligence, law and language, and law and rhetoric. While continuing to stress these areas, the series has more recently expanded to include books on the intersection between law and the Continental philosophical tradition, consistent with the traditional openness of the series to books in the Continental jurisprudential tradition. The series is proud of the geographic diversity of its authors, and many have come from Latin America, Spain, Italy, the Netherlands, Germany, and Eastern Europe, as well, more obviously for an English-language series, from the United Kingdom, the United States, Australia, and Canada. More information about this series at http://www.springer.com/series/6210 Liesbeth Huppes-Cluysenaer • Nuno M.M.S. Coelho Editors Aristotle on Emotions in Law and Politics Editors Liesbeth Huppes-Cluysenaer Nuno M.M.S. Coelho University of Amsterdam Faculdade de Direito de Ribeir~ao Preto Amsterdam, The Netherlands University of S~ao Paulo Ribeir~ao Preto, S~ao Paulo Brazil ISSN 1572-4395 ISSN 2215-0315 (electronic) Law and Philosophy Library ISBN 978-3-319-66702-7 ISBN 978-3-319-66703-4 (eBook) DOI 10.1007/978-3-319-66703-4 Library of Congress Control Number: 2017963135 © Springer International Publishing AG 2018 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. Printed on acid-free paper This Springer imprint is published by Springer Nature The registered company is Springer International Publishing AG The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland For Luciano de Camargo Penteado, in memoriam Preface This book is the result of an interdisciplinary collaboration over many years (from 2007 onward) between ancient philosophers, legal theorists, political scientists, and historians. These scholars share an extensive reading-knowledge of Aristotle’s work, some from a purely philosophical background, and good knowledge of the ancient Greek language, others from the perspective of legal and political theory. Collaboration on this book was initiated during two workshops, one combined with a Symposium on Law and Emotion in Amsterdam (2014) and one during the IVR conference in Washington (2015). All contributions were extensively reviewed by two reviewers in 2016, as far as possible externally (double-blind), some internally (half-blind), and in a few cases in an open review. One of the reviewers is primarily an expert in ancient philosophy, while the other is an expert in contemporary legal or political theory. The reviewers were asked to express their preference on the basis of a blind overview of abstracts, and it was possible to give each reviewer one or two texts to review according to their preference. This shows that the chapters each attract their own public. We wish to thank the following reviewers: Clifford Bates, Stefano Bertea, Enrico Berti, Giovanni Bombelli, Jose´ Britto, Edith Brugmans, Iris van Domselaar, Joao Hobuss, Samuli Hurri, Oliver Lembcke, Giuseppe Lorini, Paolo di Lucia, Saulo de Matos, Terry Maroney, Francesca Piazza, Christof Rapp, Claudio Sarra, Marlene Sokolon, Adriel Trott, Gerard Versluis, and Raphael Zillig. Complete information about the reviewing procedure has been provided to Springer, which reviewed the book as a whole with the help of two reviewers. The book starts with a reprint of two articles, one by Terry Maroney and the other by Christof Rapp, both of which are revisions of their keynote lectures delivered at the Symposium on Law and Emotion in Amsterdam. Both papers are published after being subjected to an open peer review.1 Together the two articles 1An open peer review of both articles can be found at http://www.paulscholten.eu/theoretical- relevance/r/law-and-emotion/. vii viii Preface give a good introduction to the contemporary debate around Aristotle’s view on emotion. All other contributions were written as original publications for this book, with the exception of one English translation of an article by Cristina Viano which was published in French in 2011 in Me´tis. We also wish to express our gratitude to Daniela Bonanno for her careful corrections and harmonization of the Greek language transcriptions. Amsterdam, The Netherlands Liesbeth Huppes-Cluysenaer Ribeir~ao Preto, Brazil Nuno M.M.S. Coelho Contents Part I Introduction 1 The Debate About Emotion in Law and Politics ............... 3 Liesbeth Huppes-Cluysenaer 2 Judicial Emotion as Vice or Virtue: Perspectives Both Ancient and New ............................................. 11 Terry A. Maroney 3 Dispassionate Judges Encountering Hotheaded Aristotelians ..... 27 Christof Rapp Part II Cognition 4 Emotion and Rationality in Aristotle’s Model: From Anthropology to Politics ............................................ 53 Giovanni Bombelli 5 Logoi enuloi. Aristotle’s Contribution to the Contemporary Debate on Emotions and Decision-Making ......................... 91 Stefano Fuselli 6 Aristotle’s Functionalism and the Rise of Nominalism in Law and Politics: Law, Emotion and Language ................... 113 Saulo de Matos 7OnLogos, Pathos and Ethos in Judicial Argumentation ......... 133 Fabiana Pinho 8 Religion of Humanity: A Shift from a Dialogical to a Categorical Model of Rationality .................................... 155 Liesbeth Huppes-Cluysenaer ix x Contents Part III Moral Agency 9 Aristotle on Emotions in Ethics and in Criminal Justice ......... 203 Jose´ de Sousa e Brito 10 Ethical Theory and Judicial Practice: Passions and Crimes of Passion in Plato, Aristotle and Lysias ....................... 217 Cristina Viano 11 What Does Nemesis Have to Do with the Legal System? Discussing Aristotle’s Neglected Emotion and Its Relevance for Law and Politics .............................................. 237 Daniela Bonanno and Lucia Corso 12 Rethinking Legal Education from Aristotle’s Theory of Emotions and the Contemporary Challenges of the Practical Realization of Law ................................................. 261 Ana Carolina de Faria Silvestre 13 Remorse and Virtue Ethics ............................... 277 Humber van Straalen 14 Virtue as a Synthesis of Extremes Versus Virtue as a Mean Between Extremes: A Comparison of Chesterton’s Account of Virtue with Aristotle’s ............................................ 297 Wojciech Zaluski 15 The Place of Slavery in the Aristotelian Framework of Law, Reason and Emotion .................................... 313 Peter Langford and Ian Bryan Part IV Legitimation 16 Empathic Political Animal: What a North Korean Prison Camp Can Reveal About the Aristotelian Political Association ......... 337 Tommi Ralli 17 Emotions: Impediment or Basis of Political Life? .............. 361 Nuno
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