Emotional Regulation and Judicial Behavior

Judges are human and experience emotion when hearing cases, though the standard account of judging long has denied that fact. In the post-realist era it is possible to acknowledge that judges have emotional reactions to their work, yet our legal culture continues to insist that a good judge firmly puts those reactions aside. Thus, we […]

The Persistent Cultural Script of Judicial Dispassion

In contemporary Western jurisprudence it is never appropriate for emotion””anger, love, hatred, sadness, disgust, fear, joy””to affect judicial decision making. A good judge should feel no emotion; if she does, she puts it aside. To call a judge emotional is a stinging insult, signifying a failure of discipline, impartiality, and reason. Insistence on judicial dispassion […]