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The Hidden Side of Justice: Exploring Emotional Labour Underlying Judicial and Prosecutorial Decision-Making
Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Social Sciences, Department of Sociology.ORCID iD: 0009-0004-8606-7448
2022 (English)In: IAPL Colloquium 2022, Brescia: International Association of Procedural Law , 2022Conference paper, Oral presentation with published abstract (Refereed)
Abstract [en]

The principle of open justice entails transparency of judicial proceedings as a safeguard to the rights of individuals subject to judicial decisions. Many jurisdictions across the world promote this principle in different ways, such as by allowing access to court records and official documentation, to help the public understand courts’ work. Judges’ duty to provide publicly available reasons for their decisions has also been linked to the principle of open justice, considering the reason as the very essence of judicial decision-making. Yet, legal arguments and inferences presented in written judgments do not account for the complexity of the emotive-cognitive process through which judges decide. Drawing on extensive empirical material collected in Italian courts and prosecution offices, this chapter opens a window into the ‘hidden side of justice’: the emotional labour performed by judges and prosecutors when deciding criminal cases. The analysis renders visible the importance of emotion management and emotional reflexivity as professional skills that judges use to problematize and critically evaluate their emotions and knowledge. It also shows how empathy impacts on the development of judicial and prosecutorial decision-making related activities. Overall, the argument advanced in this paper is that emotions and emotional labour are important aspects for the attainment of justice in the form of fair and equal legal proceedings.

Place, publisher, year, edition, pages
Brescia: International Association of Procedural Law , 2022.
Keywords [en]
Emotional Labour, Justice, Judges, Criminal Trials
National Category
Other Legal Research Criminology Other Legal Research
Research subject
Sociology
Identifiers
URN: urn:nbn:se:uu:diva-522673OAI: oai:DiVA.org:uu-522673DiVA, id: diva2:1835894
Conference
Colloquium of the International Association of Procedural Law, Brescia, 6th – 8th October, 2022
Projects
Justemotions ERC-757625Available from: 2024-02-07 Created: 2024-02-07 Last updated: 2025-02-20

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Minissale, Alessandra

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CiteExportLink to record
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Citation style
  • apa
  • ieee
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Language
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Output format
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