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Professional Emotions in Court: A Sociological Perspective

Professional Emotions in Court: A Sociological Perspective

  • 作者:
  • 出版商: Routledge
  • ISBN: 9780367821128
  • 出版时间 October 2019
  • 规格: Paperback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
¥434.28
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  • 描述 
  • 大纲 
  • 详细

    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.

  • 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

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