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A Reflection on the Emotions of Justice - Focusing on the Interaction between Literature and Law -

  • Journal of Humanities
  • 2026, (100), pp.319~361
  • Publisher : Institute for Humanities
  • Research Area : Humanities > Other Humanities
  • Received : December 20, 2025
  • Accepted : January 27, 2026
  • Published : February 28, 2026

PARK, SOHYEON 1

1성균관대학교

Accredited

ABSTRACT

This article aims to reflect on the emotions of justice―rendered all the more urgent in the aftermath of the December 3 Insurrection of 2024, in which President Yoon Suk Yeol abruptly declared emergency martial law―by focusing on the interaction between literature and law. In particular, the emotion of resentment in response to injustice merits close examination, insofar as it can serve as a substantive point of departure for justice. Chapter II examines the emotions of justice as empathy and compassion. Drawing on Adam Smith’s The Theory of Moral Sentiments, Martha C. Nussbaum emphasizes the significance of empathy and compassion as forms of rational emotions. Nussbaum firmly argues that no matter how well-designed laws and institutions may be, a just civil society cannot be realized without compassionate individuals. She also highlights the public role of literature and the arts in cultivating compassion. Chapter III analyzes the emotions of resentment and moral indignation aroused by injustice. In this regard, Smith had already observed that the emotions of justice include antisocial passions such as hatred, fear, and resentment. Building on this insight, Robert C. Solomon more explicitly underscores that negative and painful emotions are essential to the formation of the sense of justice. This chapter pays particular attention to emotions such as resentment and the desire for vengeance, which have often been excluded from modern theories of justice, and examines their relationship to the moral sense of justice. Through these discussions, justice as a natural emotion can be understood both as a matter of personal experience and as a form of social practice. Finally, Chapter IV addresses women’s emotional experiences and gender justice. Recent feminist jurisprudence argues that overcoming a male-centered legal culture requires serious attention to the distinctive forms of pain and emotion experienced by women. In particular, to create laws that make women’s lives less painful and more fulfilling, it is most essential to listen attentively to narratives of women’s emotional experiences. From this perspective, feminist jurisprudence may be regarded as the field in which the interaction between law and literature is most active and productive.

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