Journal Articles & Book Chapters

  • Ware, Lauren. (Forthcoming 2018) “The Emotion Turn in Legal Philosophy”,  Analysis.

    ABSTRACT. This article focusses on the most recent debates in the vibrant and emerging subfield of law and emotion research. Given the dominance of cognitivist theories of emotion—following on from advances in the neurobiology and cognitive science of emotion—we have witnessed a move away from attempts to pit reason and emotion against each other. The emotion turn in legal philosophy is directed toward the utility, promise, and challenge of analysing the emotions in responding to tangible legal concerns. I will examine two directions of this turn. First, where emotions can be analysed within the institutional practice of justice—I begin with criminal proceedings, where the bulk of the debate has focussed, but there is also a host of urgent and compelling work being done on areas outside of criminal law. Here, I focus on emotion and emotional considerations in end-of-life discourses, in family law, in legal education, and in human rights. Second, I examine what in particular the emotion turn has offered to legal philosophy with regard to the agent: criminal motivations, and the experience of those post-conviction. I then analyse what we have gained from this emotion turn, and what problems still remain.

  • Ware, Lauren and Lee Whittington. (Forthcoming 2018) “Perceptions of Risk, Fear, and Community Suffering”, in Waiting for the End of the World: Interdisciplinary Perspectives on Risk, ed. Chris Gerrard (Oxford: Oxbow Books).

    ABSTRACT. In 1258, the largest volcanic eruption of the past 7000 years affected the whole continent of Europe. How did potential hazards become disasters, and how did societies perceive these events? In this chapter, we draw on the roll-call of disasters that struck Medieval European societies to frame an evaluation of how fear can be seen to impact risk assessment when the event of that risk is the catastrophic suffering of an entire community.

  • Ware, Lauren. (Forthcoming 2018) “Is Fear the Mind-Killer?”, introduction to The Moral Psychology of Fear (London: Rowman & Littlefield).

    ABSTRACT. A critical introduction to the philosophy, cognitive science, and moral psychology of fear.

  • Ware, Lauren. (Forthcoming 2018) “Who's Afraid of a Citizens' Income?”, Politics and Governance

    ABSTRACT. Arguments in support of a Citizens' Income often focus on the freedom from fear, anxiety, and uncertainty such an initiative would offer. Arguments against a Citizens' Income often assert that without fear, individuals would not be motivated to work. These arguments, however, are made without consideration of the empirical or theoretical research we have on fear. In this paper, I draw on the philosophy and cognitive science of fear to evaluate whether either argument can deliver what its proponents want.

  • Ware, Lauren. (Forthcoming 2018) “Compassion in the Courtroom”, invited chapter in The Moral Psychology of Compassion, eds. Justin Caouette and Carolyn Price (London: Rowman & Littlefield). 

    ABSTRACT. In this paper, I consider the conditions in which the emotion of compassion can operate as a good heuristic guide in legal judgment. United States and Commonwealth trial courts routinely admit testimonial evidence in the form of victim-impact statements, videos, and verbal accounts. I examine how the process by which such evidence influences judicial decision-making may be mediated by emotion: specifically, the emotion of compassion. To do this, I focus on the eliciting conditions of compassion—in this case, victim-impact statements in criminal trials. Next, I assess the empirical data regarding the ways in which compassion in particular affects information processing strategies and information recall. I then confront the account of compassion in the law offered by Martha Nussbaum (2004; 2015) that regards compassion as a “spectatorial emotion”. Problems with Nussbaum’s understanding of judicial compassion can be resolved by adjusting her utilitarian theory of emotion to accord with my virtue-ethical one.

  • Archer, Alfred and Lauren Ware. (2017) “Aesthetic Supererogation”, Estetika: The Central European Journal of Aesthetics, Vol. 54, Issue 2: 102-116. 

    ABSTRACT. 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.

  • Ware, Lauren. (2016) “Emotions in the Evaluation of Legal Risk”, invited chapter in Law and Emotion, eds. Hilge Landweer and Dirk Koppelberg (Freiburg: Karl Alber Verlag), 249-277. Also in German as Recht und Emotion I: Verkannte Zusammenhänge.

    ABSTRACT. The risks taken into account in legal decision-making 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 account 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 this chapter, I examine what taking a modal account of risk would mean for the way we understand emotions in the evaluation of legal risk: specifically, the risk of wrongful conviction

  • Ware, Lauren. (2015) “Erotic Virtue”Res Philosophica, Vol. 92, Issue 4: 915-935.

    ABSTRACT. 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.

  • Ware, Lauren. (2014) “What Good is Love?”Analytic Teaching and Philosophical Praxis, Vol. 34, Issue 2: 57-73.

    ABSTRACT. The role of emotions in mental life is the subject of longstanding controversy, spanning 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.

Reviews & Shorter Pieces

  • Forth. “Aesthetic Value in Classical Antiquity, eds. I. Sluiter and R. Rosen”, The Classical Review (Cambridge: Cambridge University Press).

Papers Under Review & In Preparation

  • “Plato’s Bond of Love” (under review)
  • “Beyond the Call of Beauty” (with Alfred Archer, under review)
  • “Fear and Creative Problem-Solving: Assessing Arguments for a Citizens’ Income” (in preparation)
  • “Stereotype Threat and Gendered Material in Undergraduate Philosophy Education” (in preparation)
  • “The Cognitive Science of Suffering in Criminal Punishment” (in preparation)
  • “Evidence, Reasonable Doubt, and Recidivism Risk” (in preparation)