Judging and Emotion Work: Discipline Processes as Guidance

Authors

Sharyn Roach Anleu
Jennifer Elek
Kathy Mack

Date of this Version

2021

Citation

Court Review - Volume 57

Comments

Used by permission.

Abstract

What constitutes good judging has long been a matter of discussion.¹ Models of good judging contain norms about judicial demeanor and emotion, especially in court, though typically not expressed in those terms.² The conventional model of the impartial judge characterises emotion as incompatible with, and potentially undermining, impartiality and so threatening the legitimacy of judicial authority and the rule of law.³ However, judicial work necessarily engages a wide range of emotions and requires considerable emotion capacities, which can (appear to) conflict with this expectation of dispassionate, impersonal, and detached judging.⁴ Performing judicial authority can entail considerable emotion work⁵ on the part of the judicial officer, managing the judicial officer’s own felt and displayed emotion, as well as those of other courtroom participants.⁶