Judging and Emotion
A Socio-Legal Analysis

Judging and Emotion investigates how judicial officers understand, experience, display, manage and deploy emotions in their everyday work, in light of their fundamental commitment to impartiality.

Judging and Emotion challenges the conventional assumption that emotion is inherently unpredictable, stressful or a personal quality inconsistent with impartiality. Extensive empirical research with Australian judicial officers demonstrates the ways emotion, emotional capacities and emotion work are integral to judicial practice. Judging and Emotion articulates a broader conception of emotion, as a social practice emerging from interaction, and demonstrates how judicial officers undertake emotion work and use emotion as a resource to achieve impartiality. A key insight is that institutional requirements, including conceptions of impartiality as dispassion, do not completely determine the emotion dimensions of judicial work. Through their everyday work, judicial officers construct and maintain the boundaries of an impartial judicial role which necessarily incorporates emotion and emotion work.

Building on a growing interest in emotion in law and social sciences, this book will be of considerable importance to socio-legal scholars, sociologists, the judiciary, legal practitioners and all users of the courts.

Chapter 1. Introduction

Chapter 2. Emotion and everyday judicial work: The context

Chapter 3. Judicial impartiality, emotion and empathy

Chapter 4. Judicial emotion: Experience, display and management

Chapter 5: Judicial emotion work: Others’ emotions

Chapter 6. Professional regulation of judicial emotion

Chapter 7. Conclusion

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