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Judging and Emotion: A Socio-Legal Analysis

Preface Glossary Introduction Judges and judging Conceptualising emotion Emotion as social practice Emotion work and feeling rules Emotion work and professions Judging, emotion and emotion work Outline of chapters Emotion and everyday judicial work: the context Judicial impartiality, emotion and empathy Judicial emotion: experience, display and management Judicial emotion work: others' emotions Professional regulation of judicial emotion Conclusion Researching emotion References Cases Legislation Emotion and everyday judicial work: The context Introduction Court organisation Everyday work Case volume, time pressure and unpredictability Court design and (in)formality Court and trial participants Parties, litigants and criminal defendants Unrepresented litigants Witnesses Jurors Legal representatives Highest courts and appeals Sentencing Case types Sexual assault Domestic/family violence Childrens/youth Civil and small claims Coroners Family law Migration and refugee Conclusion References Cases Legislation Judicial impartiality, emotion and empathy Impartiality Judicial impartiality in practice The judicial oath Keeping an open mind Putting aside bias and emotion Empathy and judging Empathy in judicial practice: empirical findings Impartiality and empathy Judicial tears Compassion Conclusion References Cases Legislation Judicial emotion: Experience, display and management Introduction Judicial emotion experience Interaction with legal representatives Kinds of decisions Judicial emotion display Neutral display and dispassion Deep and surface acting Judicial emotion and judicial authority Judicial emotion self-management Self-talk Adjournment Debrief Humour Work-family boundaries Organisational emotion management Conclusion References Judicial emotion work: Others' emotions Introduction Anticipate, predict, avert emotion Awareness of participants or circumstances Interpersonal approaches and resources Court formality and civility Allow expression of emotion Types of participants Sentencing and remorse Judicial management after a participant's emotion display Articulating formal procedures and feeling rules Taking breaks Other resources Conclusion References Professional regulation of judicial emotion Guidelines and codes Judicial conduct complaints and discipline Australia England and Wales United States of America Fair hearing: Judicial emotion and conduct Judicial performance evaluation Other professional guidance Judicial education Benchbooks Judicial writing and speeches Role models, shared experience and court culture Conclusion References Cases Legislation Judging and emotion work Self-talk Demeanour Humour Other resources Empathy Emotion work: Interconnections and boundaries Feeling rules and regulation Emotion work, gender and judging Conclusion References Interviews National Court Observation Study Surveys Publicly available information and analysis References

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