Law and Emotion in Moral Repair: Circumscribing Infringement

Abstract

The reciprocal relationship between law and emotion is a question about the relationship between culture and nature, or the evolutionary underpinnings of human social interaction. Behaviours originating as functional survival strategies have become dysfunctional social infringements, out of context, in need of moral repair. Law as a cultural construct attempts to regulate interaction, infringement, and repair, so as to ensure continued cooperation within a hierarchical social structure, and based on our emotional capacity. The article focuses on sexual infringements and property infringements, conceptualised by the metaphorical frameworks of MEASURE and SIZE, and appraised by various emotions. I trace the influence of emotions in biblical legal texts and their interaction with legal reasoning and moral exhortation. I discuss how law regulates and balances moral emotions, curbing excess and avoiding disproportionate revenge. I point to the rhetorical function of law to direct emotions in the service of moral values and social cohesion.