Writing histories of law and emotion

Abstract

In recent years the study of emotions in the past has received considerable attention. At the same time, many historians of law have shown reluctance to acknowledge and systematically explore emotions in legal sources and legal contexts. This issue of the Journal of Legal History addresses this imbalance and demonstrates how emotions have played important roles in legal reasoning, legal doctrine, the behaviour of legal actors, and the development of law over time. This article investigates recent developments in the study of the history of emotions and of emotions in contemporary law, before assessing the challenges of writing law and emotions histories. It argues for the importance of utilizing both legal and extra-legal source material to uncover the relationship between legal rationality and emotion; to gain insights into the emotional worlds of those participating in legal systems; and to provide a deeper understanding of the workings of the law.