ABSTRACT

The emphasis of the historically dominant philosophical traditions in legal thought on containing and devaluing emotions has helped to construct the dominant paradigms within which legal education has traditionally operated – the doctrinal and liberal traditions. The way in which the doctrinal and liberal paradigms approach emotions, and the extent to which these paradigms are dominant, will arguably play a significant role in determining the potential future role of emotions within legal education. Within practical applications of the law, it is easiest to identify instances of where law has acknowledged the existence or strength of a particular emotion in relation to the criminal law. A number of explanations have been provided for the judicial lack of regard for emotions. The focus on law as a form of scholarly science seeking to categorise, order and dissect legal principles is an enduring one whose origins can be traced most clearly back to the development of the doctrinal tradition in the law school.