1st Edition

Judging and Emotion
A Socio-Legal Analysis



  • Available for pre-order. Item will ship after December 30, 2020
ISBN 9781138893023
December 30, 2020 Forthcoming by Routledge
224 Pages

USD $145.00

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Book Description

Judges embody impartial legal authority. They are the nexus between formal abstract law, the legal institution of the court, and the practical tasks of making and communicating decisions. Because emotions are often viewed as inherently irrational, disorderly, impulsive and personal, and therefore inconsistent with the impartiality required for a legitimate exercise of judicial authority, judging is usually understood to be unemotional. This conventional model of judging emphasises reason over feeling and legal rules over emotion. But, despite these powerful expectations of judicial dispassion and detachment, emotions and emotional capacities are inevitably part of judging and courtroom practice. This book addresses the place of emotion in judicial work. Grounded in empirical data – interviews, observations and surveys – it investigates how judicial officers understand, experience, deploy, display and manage emotions as part of their everyday work, especially in court. Building on a growing interest in emotions – in law and elsewhere – the book offers a much-needed empirical examination of the relationship between judging and emotion, as it considers how tensions between the demand for emotional engagement and the obligation of constraint are managed at the level of the individual judicial officer, and institutionally.

Table of Contents

Chapter 1. Introduction

Chapter 2. Emotion and everyday work

Chapter 3. Judicial values and feeling rules

Chapter 4. Judicial emotion work: Management of own emotions

Chapter 5: Judicial emotion work: Management of others’ emotions

Chapter 6. Regulation of judicial emotion

Chapter 7. Conclusion

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Author(s)

Biography

Sharyn Roach Anleu is Matthew Flinders Distinguished Professor, Judicial Research Project College of Humanities, Arts and Social Sciences at Flinders University, Adelaide, Australia

 

Kathy Mack is Emerita Professor of Law, Judicial Research Project

College of Business, Government and Law at Flinders University, Adelaide, Australia