A Sociological Perspective on Emotions in the Judiciary

Emotion Review 8 (1):32-37 (2016)
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Abstract

Introducing a sociological perspective on judicial emotions, we argue that previous studies underemphasize structural and interactional dimensions. Through key concepts in the sociology of emotions we relate professional court actors’ emotion management to the emotional regime of the judiciary. Examples from the Swedish judiciary illustrate three main arguments: The idea of rational justice as nonemotional must be investigated as a joint accomplishment including collective emotion management; Judicial objectivity requires situated emotion management and empathy, orientated by emotions of pride/shame; The structural dimensions of power/status mitigate feeling and display rules. The situated power of the judge is upheld by ritual deference from other court professionals. Concluding, we suggest topics to develop structural and interactional perspectives on judicial emotion.

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