Lauren Ware

The risks taken into account in legal decision-mak- ing are, often, matters of life and death, but the way we think about risk is flawed. This is a problem. The dominant account of how emotions are involved in risky decision-making follows the standard probabilistic account of risk. If we entertain a modal ac- count of risk, however, this changes the way in which a host of legal actors—members of the jury, judges, defendants, lawyers, legislators, regulators, and police—ought to think about how emotions impact risk evaluation. In what follows, I examine what taking a modal account of risk would mean for the way we under- stand emotions in the evaluation of legal risk: specifically, the risk of wrongful conviction. The present chapter draws on contemporary research in the epistemology of risk to examine how emotions can influence the evaluation of legal risk. I first review a distinction between two understandings of risk—the probabilistic account and the modal account—and demonstrate how the probabilistic account is in- complete. Next, I highlight how emotion can be seen to mediate decision-making in a series of empirical studies on the assessment of gruesome photographic evidence. I then analyse the standard accounts of how emotions play a role in risk assessment, which build upon a probabilistic account of risk. A modal account of risk and emotion is then offered, demonstrating the ways in which emotions can contribute to the evaluation of risk understood modally. Finally, I consider what legal practices and structures need to be refined or abandoned in order to facilitate the condi- tions most conducive to harnessing the evaluative power of emo- tions in legal decision-making.

This paper defends an account of how erotic love works to develop virtue. It is argued that love drives moral development by holding the creation of virtue in the individual as the emotion’s intentional object. After analyzing the distinction between passive and active ac- counts of the object of love, this paper demonstrates that a Platonic virtue-ethical understanding of erotic love—far from being consumed with ascetic contemplation—offers a positive treatment of emotion’s role in the attainment and social practice of virtue.

A 60-minute show written and performed by Lauren Ware. Venue: New Town Theatre, Edinburgh Festival Fringe. Date: Monday, 7th August 2017. Description: Two people are imprisoned for identical crimes. One finds prison life merely unpleasant, the other lives in constant fear adn distress. Have they been punished equally? Drawing on the philosophy of emotion and the impact of imprisonment on offenders and their families, this interactive show asks the audience to consider if punishment must hurt, who can be made to suffer, and why.

In this chapter, we offer an account of fear and risk in anticipation of catastrophe. We draw on the narrative response to the Mount Enta volcano in medieval Sicily to frame an evaluation of how fear can be seen to impact the understanding of risk when the event of that risk is the catastrophic suffering of an entire community. We aim to demonstrate how an exploration of the philosophical questions surrounding the emotion of fear and the understanding of risk can contribute to broader, interdisciplinary dialogue on the experience of the disastrous and deadly.

The risks taken into account in legal decision-mak- ing are, often, matters of life and death, but the way we think about risk is flawed. This is a problem. The dominant account of how emotions are involved in risky decision-making follows the standard probabilistic account of risk. If we entertain a modal ac- count of risk, however, this changes the way in which a host of legal actors—members of the jury, judges, defendants, lawyers, legislators, regulators, and police—ought to think about how emotions impact risk evaluation. In what follows, I examine what taking a modal account of risk would mean for the way we under- stand emotions in the evaluation of legal risk: specifically, the risk of wrongful conviction. The present chapter draws on contemporary research in the epistemology of risk to examine how emotions can influence the evaluation of legal risk. I first review a distinction between two understandings of risk—the probabilistic account and the modal account—and demonstrate how the probabilistic account is in- complete. Next, I highlight how emotion can be seen to mediate decision-making in a series of empirical studies on the assessment of gruesome photographic evidence. I then analyse the standard accounts of how emotions play a role in risk assessment, which build upon a probabilistic account of risk. A modal account of risk and emotion is then offered, demonstrating the ways in which emotions can contribute to the evaluation of risk understood modally. Finally, I consider what legal practices and structures need to be refined or abandoned in order to facilitate the condi- tions most conducive to harnessing the evaluative power of emo- tions in legal decision-making.

Many aestheticians and ethicists are interested in the similarities and connections between aesthetics and ethics (Nussbaum 1990; Foot 2002; Gaut 2007). One way in which some have suggested the two domains are different is that in ethics there exist obligations while in aesthetics there do not (Hampshire 1954). However, Marcia Muelder Eaton has argued that there is good reason to think that aesthetic obligations do exist (Eaton 2008). We will explore the nature of these obligations by asking whether acts of aesthetic supererogation (acts that go beyond the call of our aesthetic obligations) are possible. In this paper, we defend the thesis that there is good reason to think such acts exist.

This paper defends an account of how erotic love works to develop virtue. It is argued that love drives moral development by holding the creation of virtue in the individual as the emotion’s intentional object. After analyzing the distinction between passive and active accounts of the object of love, this paper demonstrates that a Platonic virtue-ethical understanding of erotic love—far from being consumed with ascetic contemplation—offers a positive treatment of emotion’s role in the attainment and social practice of virtue.

In his dialogues, Plato presents different ways in which to understand the relation between Forms and particulars. In the Symposium, we are presented with yet another, hitherto unidentified Form-particular relation: the relation is Love (Erôs), which binds together Form and particular in a generative manner, fulfilling all the metaphysical requirements of the individual’s qualification by participation. Love in relation to the beautiful motivates human action to desire for knowledge of the Form, resulting in the lover actively cultivating and bringing into being new beauty in the world, and in herself. Chapters 1 and 2 of this thesis offer a survey of the arguments and examples Plato puts forward in the text of the corpus regarding the nature of Forms and the nature of participation, alongside a framework of the traditional interpretations of these two Platonic concepts in the literature. Chapter 3 turns to a close examination of Erôs in the Symposium, arguing that the love Plato presents in this dialogue is of a different sort than appetitive emotion. It is an aesthetic and intellectual attraction, capable of stimulating cognitive achievement. Erôs, however, does not stop there. The lover is led not only to contemplation of beauty, but to the generation of beauty, which is the subject of Chapter 4. The emotive-turn-to-cognitive relation of Erôs, I argue, is the clearest picture Plato paints of how possession of properties can be explained through participation in Forms. Erôs leads the lover to produce beauty in the world and in the soul, which explains how love in relation to the beautiful can lead to becoming beautiful. The object of love is the generation of beauty, the mortal mechanism of participation in the Form by which the lover herself becomes beautiful. Finally, Chapter 5 focusses on beauty itself and its role in moral education. Beauty, for Plato, is required for creative generation and can be understood as a uniquely powerful virtue of soul.

The role of emotions in mental life is the subject of longstanding controversy, spanning the history of ethics, moral psychology, and educational theory. This paper defends an account of love’s cognitive power. My starting point is Plato’s dialogue, the Symposium, in which we find the surprising claim that love aims at engendering moral virtue. I argue that this understanding affords love a crucial place in educational curricula, as engaging the emotions can motivate both cognitive achievement and moral development. I first outline the state of the challenge between dominant rival theories regarding emotions in learning. Next, I demonstrate how Platonic virtue ethics offers the most tenable prospect for an education of reason and emotion. Third, I sketch three practical ways educators might constructively engage emotions in the classroom. I conclude that love’s virtue is its peerless power to motivate the creative and lateral thinking which leads to moral development.