Kristina Cufar, Reason-emotion Binary and the Law

Emotions and Adjudication

Kristina Cufar, Reason-emotion Binary and the Law

The lecture engages with the reason-emotion binary in the Western tradition and problematizes such a dualistic conception through feminist theory. The reason-emotion binary is a tool that was historically used to construct and conserve social hierarchies and ensure unequal treatment of legal subjects.

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Reason-emotion Binary and the Law (1)

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How did the reason-emotion binary influence the legal status of women and people of color in Western history?

Women and people of color were traditionally perceived as more emotional and less rational and hence unable to exercise legal rights (for example, the right to vote).

Women and people of color were traditionally perceived as superior to others and have enjoyed many rights denied to men and white people (for example, the right to own property).

Women and people of color were not impacted by the reason-emotion binary. The law was always objective and it always ensured equal treatment.

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What are emotions?

Emotions are purely physiological phenomena that humans share with other animals. They are bodily reactions to our environment.

There are many theories of emotions but there is no consensus about what exactly emotions are.

Emotions are purely neurological phenomena originating in the brain.

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Binary definitions (definitions involving opposites, like reason and emotion) are often criticized by critical theories. Why is deconstruction suspicious of binary definitions?

Deconstruction wants to destroy all binaries and demonstrate that they are a product of false consciousness. Binaries make people less reasonable and create confusion in society and social sciences.

Deconstruction recognizes binary oppositions as hierarchical relationships of the favored and devalued elements. Binary definitions are not neutral and have serious political implications.

Deconstruction proposes that binaries are simple descriptions of reality that do not offer any guidelines on how to reason and act. Binary definitions lack prescriptive content that would make them useful in society.

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Reason-emotion Binary and the Law (2)

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How was the reason-emotion binary used to restrict the legal rights of various social groups (like women, people of color, and others)?

The reason-emotion binary was not used to restrict the legal rights of various social groups, since it is only a statement of fact without socio-legal implications. The legal rights of various social groups were never restricted as the law always applied equally to everyone.

The reason-emotion binary is the main principle of the monarchic theory that argues that the right to vote and other legal rights only belong to legal persons and should not be allocated to physical humans. Only states and corporations are truly reasonable forms of organization and should be the sole holders of legal rights.

The reason-emotion binary is connected to the idea that some social groups (men, white people, etc.) are reasonable while other groups (women, people of color, etc.) are more emotional and less reasonable. This stereotype was used as an argument to restrict the legal rights of those perceived as unreasonable.

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Is feminist theory homogenous?

No, feminist theory is very diverse. Feminist thinkers agree on the basic idea that women are not naturally inferior to men but greatly diverge in their approaches.

Yes, there is a single feminist theory. Feminist thinkers agree on every single issue, be it theoretical or empirical, and support the same approach to achieving equality.

It is impossible to say, as it is not clear whether or not there is diversity within the field of feminist theory.

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Why do feminist thinkers often critique the reason-emotion binary?

Feminist thinkers are interested in questions related to women. Since women are naturally more emotional than men, feminist theory explores emotions as a typically female characteristic.

Feminist thinkers are often critical of traditional narratives. Traditionally, the reason-emotion binary was used to argue that women are more emotional and less reasonable than men which contributed to their subordinated social status.

Feminist thinkers are critical of the reason-emotion binary because they oppose rationality. According to feminist theories, reason is dangerous since it motivates people to act in a calculated manner instead of following their emotional intuition.

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Emotions and Adjudication

Kristina Cufar, Reason-emotion Binary and the Law

Lecture Part 1

Part 2

Quiz 1

Quiz 2