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Professional Emotions in Court: A Sociological Perspective


ISBN13: 9780367821128
Published: October 2019
Publisher: Routledge
Country of Publication: UK
Format: Paperback (Hardback in 2018)
Price: £36.99



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Professional Emotions in Court examines the paramount role of emotions in the legal professions and in the functioning of the democratic judicial system. Based on extensive interview and observation data in Sweden, the authors highlight the silenced background emotions and the tacitly habituated emotion management in the daily work at courts and prosecution offices. Following participants ‘backstage’ – whether at the office or at lunch – in order to observe preparations for and reflections on the performance in court itself, this book sheds light on the emotionality of courtroom interactions, such as professional collaboration, negotiations, and challenges, with the analysis of micro-interactions being situated in the broader structural regime of the legal system – the emotive-cognitive judicial frame – throughout.

A demonstration of the false dichotomy between emotion and reason that lies behind the assumption of a judicial system that operates rationally and without emotion, Professional Emotions in Court reveals how this assumption shapes professionals’ perceptions and performance of their work, but hampers emotional reflexivity, and questions whether the judicial system might gain in legitimacy if the role of emotional processes were recognized and reflected upon.

Subjects:
Courts and Procedure
Contents:
List of Tables and Figures
Acknowledgements
1. Why emotions in court?
Emotion and rationality
Emotion and law: the research field
Emotion, law and morality
Morality and objectivity
Empathy and emotion management
Power emotions
The Swedish judicial system
Education and the legal professions
Prosecutor and prosecution
Judge and the court
Defence and victim counsels
The trial
Theoretical framework and key concept
Emotion, emotion management, habituation
Social interaction, frame, and ritual
Power and status
Our findings in an international perspective
Structure of the book
2. Background emotions in legal professional life
The emotional profile of defence lawyers
The judge
A formative shame/pride moment
Pride in status and comfort with power
Autonomy
General intellectual dealers
Procedural justice: an increased service orientation
The prosecutor
An issue of personality?
Mediators, translators, purifiers
Committed to justice
Independence and collegiality
Conclusion
3. Organisational Emotion Management
Time as organizing principle
Judges: Lamenting the loss of time
Prosecutors: Constant lack of time
Fear and organisational security work
Court fears
Prosecution fears
Teflon culture: Emotion management as self-discipline
Teflon culture in courts
Teflon culture at the prosecution office
Individualised and collegial emotion management
Conclusion
4. The dramaturgy of court emotions
Setting the scene for the non-emotional ritual
Script and legal terminology
Front-stage performance and emotional communication
Frontstage collaboration to control emotion
The prosecutor’s perspective: Enacting backstage/front-stage
Situated adaptation to ordinary surprises
Adjusting to the judge: Situated adaptation and emotional toning
Tacit signals
The judge’s perspective: Backstage preparation and front-stage presentation
Focus and strategic emotion management
Front-stage strategic empathy
Dramaturgical stress
Emotional toning: Toning down and toning up emotional expressions
Conclusions
5. Power and status in court
The autonomous judge: Power issues
Power discomfort
Personalizing or depersonalizing power?
Limitations of power and low status: Negotiating demeanour
Power and status in deliberations
The independent prosecutor: Status negotiations
Prosecutors and the police
Prosecutors and the judge
Prosecutors and lay people
More distance – less personalized
Judge and prosecutor: Power and status challenges
Conclusion
6. Objectivity work as situated emotion management
Objectivity and impartiality
Judges: Justice must be seen to be done
Balancing emotional expressions
Aesthetic pleasure, satisfaction, and confidence in legal evaluation
Prosecutors: Partial objectivity
Balancing emotions of commitment and detachment
Aesthetic pleasure, satisfaction, and interest in legal encoding
Objectivity work as collective achievement
Conclusion
7. Concluding discussion
Summary
The emotive-cognitive judicial frame and the self
Refuges of the emotive-cognitive judicial frame
Emotional profiles
Background emotions in the legal system – some further reflections
References
Index