Emotions are treated as external forces that diminish legal culpability
Evidence
Even when it refers to leaving undone what ought to have been done, the responsibility of individuals refers to an action in opposition to a passion. That is the reasoning behind the legal doctrine that âcrimes of passionâ are less culpable than calculated crimes since in them the agentâs capacity for reason (and therefore, in the Kantian sense, for moral judgment) is diminished by the intrusion of an âexternal force.â Like the act of an insane person, a crime of passion is not considered to be the consequence of an agentâs own intention. Now that emotions are generally thought of as part of the internal economy of the self, the notion is reinforced that agency means the self-ownership of the individual to whom external power always signiïŹes a potential threat. â Talal Asad, Formations of the Secular, 363
Categorization
- FICTION: A legal world where passion literally displaces the selfâs ownership of its own acts is rich character territory.
- XREF: Shades of the âaffect vs. reasonâ split in Enlightenment-era law and philosophy.