Emotion and Reason in Constitutional Law

Level: 
Doctoral
CEU code: 
LEGS 5484
CEU credits: 
1
ECTS credits: 
2
Module: 
III
Academic year: 
2009/2010
Start and end dates: 
15 Feb 2010 - 15 Jun 2010
Co-hosting Unit(s) [if applicable]: 
Department of Legal Studies
Instructor(s): 
András Sajó
Additional information: 
The course starts in Module 4 and continues in Module 6.

The reason-emotion opposition that lies at the heart of the legal regulatory model is scientifically unsustainable. Reason (human logic) systematically errs because of the intervention of emotions in decision-making. This interdisciplinary course will discuss the role of emotions in the shaping of modern constitutions and the human rights regime, and the influence of public and judicial sentiments in constitutional adjudication.

Case studies include the abolition of slavery, the making of the French Declaration of 1789, post-totalitarian constitutional dilemma, the place of sensibilities in free speech and shame as a source of privacy.