Constitutional Sentiments

The Constitution was written to shape human behavior and affairs, and it does so by appealing to people’;s hearts, not only their minds. An interdisciplinary analysis sheds new light on the emotions that underlie constitutional law, with many cogent examples. Constitutions typically are conceived as products of rational thought, as grand triumphs of the mind in proposing the rules of civil order. Yet, as Andras Sajo astutely points out in this book, emotion plays a vital role in shaping behavior, and, consequently, no understanding of constitutional development will be complete without due consideration of the role played by individual and social sentiments. In other words, constitutions are written to regulate human behavior and affairs, but they do so by appealing to people's hearts and not only their minds. Drawing on current research from the social sciences, Sajo discusses the influences of emotions such as fear and shame in the making, maintenance, and development of constitutional systems. Whereas laws can always be rationalized in hindsight, Sajo maintains and illustrates that the motivational impetus behind much of what we design into law concerns the regulation of emotion. Thus, by describing the sentiments that underlie constitutional meaning, Sajo has extended to the realm of law the emerging trend that recognizes the fallibility of rational behavior Contents 5 Foreword 7 Acknowledgments 11 List of Abbreviations 12 Introduction 13 1. From Emotions to Constitutional Institutions 23 2. A Sentimental Déclaration of The Rights of Man 99 3. “The Greatest of All Reflections on Human Nature”: The Constitution of Fear 126 4. Empathy and Human Rights: The Case of Slavery 163 5. Freedom to Express What? 207 6. The Containment of Passion: Assembly, Religion, and Popular Sovereignty 258 7. Shame: On Hidden Constitutional Sentiments 281 Notes 319 Index 385 Constitutional Sentiments provides new insights into the foundations of law, the complexities of legal institutions, and the hidden genealogies of lawmaking. As the book makes clear, constitutions are human creations that embody all aspects of our humanity. It is an example of serious scholarship that will attract readers of all disciplines who have a keen interest in social and political life. --Book Jacket The Constitution was written to shape human behaviour and affairs, and it does so by appealing to people's hearts, not only their minds. This title presents an interdisciplinary analysis that focuses on the emotions that underlie constitutional law, with many cogent examples.