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Professional Emotions in Court - 
      Stina Bergman Blix
    
      Åsa Wettergren

Professional Emotions in Court

A Sociological Perspective

; Åsa Wettergren

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. Les mer
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Vår pris: 574,-

(Paperback) Fri frakt!
Leveringstid: Sendes innen 21 dager

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.
FAKTA
Utgitt:
Forlag: Routledge
Innbinding: Paperback
Språk: Engelsk
Sider: 208
ISBN: 9780367821128
Format: 23 x 16 cm
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«

"Cogent arguments supported with fascinating data make Professional Emotions in Court a tour de force. Bergman Blix and Wettergren reveal not only that court processes are infused with emotions but show also how the actors involved – judges, prosecutors and lawyers – believe that their practices are impersonal if not rational. This is sociology at its best, changing the way we conceive institutions, knowledge and routine rituals." - Jack Barbalet, Australian Catholic University, Australia, and Hong Kong Baptist University, Hong Kong.

"Professional Emotions in Court offers a lucid and important reconceptualization of the legal notion of objectivity. The authors place their extensive interview and observational data in a legal and sociological framework, illustrating the ways in which implicit rules and assumptions about emotion shape the behavior and the decisions of prosecutors and judges. This is a rigorous look at a fascinating subject, with implications for both common law and civil legal systems." - Susan A. Bandes, DePaul University College of Law, USA.

"[…] the book offers a substantial contribution to a growing field of studies concerning emotion and the law. With its rich data and the authors’ sociological eye for detail, the study reveals the importance of judges’ and prosecutors’ emotion management practices and will be a must-read for years to come." - Malin Åkerström, Symbolic Interaction.

"While the Swedish judge with their stone face may seem a million miles away from the American judge who sheds tears in court then hugs a defendant, much can be learned about emotions across a range of justice contexts by adopting the approach taken by Bergman Blix and Wettergren. Their analysis reveals the inner workings of background emotions for Swedish legal professionals. However, it raises somewhat more universal questions about the tensions between lay and professional emotions and frames, the relationship between background and foreground emotions, and the limits of the emotive-cognitive judicial frame. This book can and should generate a broader discussion about emotions in legal settings." - Meredith Rossner, Journal of Law and Society.

»

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
Stina Bergman Blix is an Associate Professor in the Department of Sociology at Uppsala University, Sweden.


Åsa Wettergren is a Professor of Sociology in the Department of Sociology and Work Science at the University of Gothenburg, Sweden.