Theoretical research in law and its challenges in light of studies in law and emotion

Abstract

How can we relate law to other disciplines? Are "law and" approaches necessary or should they be considered (un)desirable possibilities? This article aims to explore this general theme in light of studies on law and emotion and the challenges this legal enterprise poses. In short, we conclude that bringing law closer to other disciplines can be constructive, as new cases arise all the time (and even old cases may require new legal responses!), and it is imperative to move beyond what common sense offers us to construct and implement law—based on the assumption of a living and constitutive law. However, when it comes specifically to the adjudication, the decision-maker should not seek an answer outside of law to complement it. "Law and" approaches must respect the autonomy of law.