Emotion Is The Source Of Legal Authority

Based on the comparative analysis of natural law,empirical law and social law,this paper puts forward the possibility of constructing a kind of emotional authority.The foregoing theories interpret the source of legal authority in a one-dimensional,while ignoring that legal authority is generated in the interaction between people or the interaction between people and law,we should use a two-dimensional way of thinking to understand the source of legal authority.And this lays the foundation for the possibility of emotional authority,the establishment of legal authority should consider the impact on people's emotions.For emotion,we generally believe that emotion is irrational and subjective,which is not conducive to people's rational decision-making,let alone the establishment of legal authority.This paper illustrates the essence of emotion by analyzing the mechanism and characteristics of emotion generation.Emotion is not only the physiological feelings of people,but also the cognitive factors of human being.Emotion is composed of a combination of external environment,human cognitive evaluation,and physical experience.The cognition of emotions indicates that different emotions represent the meaning of different objects to the self,and that the cognitiveness of emotions determines the social constructiveness of emotions.Emotions are not only innate,emotions can also be shaped through acquired education,and different emotional expressions will be reflected in different social cultures.Emotion is not irrational,and emotion is also a cognitive way.Therefore,the establishment of legal authority cannot ignore the role of emotion.In the law,we can not think that the law does not show any attention to emotion,some legal provisions still contain the emotional considerations of people.But people rarely explain the reasons why emotions affect legal authority from a general perspective.What this paper is trying to solve is how to prove the necessity of emotion as a source of legal authority from a theoretical perspective.Legal authority is produced in the actions of human beings.On the one hand,the law must have a driving authority to promote people's actions,on the other hand,it must have normative authority over people's actions.Emotion can work in both ways.Emotion can not only motivate people to act,but also produce normative force on people's actions.Emotion is the basic need of people.emotion is also a cognitive way,and the intersubjectivity of emotion is the basis of forming an objective emotion,which will have a normative effect on people's actions.Emotional authority is embodied in the specific legal operation.The establishment of legislative authority,judicialauthority and law enforcement authority all reflect the influence and role of emotional factors.The formulation of the law stems from the needs of the people.Family affection and privacy are the basic needs of the people.Only by accommodating these emotional needs can the legislation establish legal authority.The authority of justice lies in the realization of justice,so it is necessary to establish not only visible justice,but also perceived justice.In the process of law enforcement,we should combine strict law enforcement with appropriate law enforcement.Humanized law enforcement is the basic requirement for establishing law enforcement authority.