Beyond Dispassion: Emotions and Judicial Decision-Making in Modern Europe
This article provides a historical perspective on what Terry Maroney called “the persistent cultural script of judicial dispassion” and extends the discussion to the continental legal systems of modern Europe. By looking at the legal debates that took place on the pages of professional periodicals and academic monographs across Europe, I show that the role of emotions was in fact an important topic in these discussions, with many participants advancing a very positive view of emotions as something that can help the judge arrive at correct decisions. By bringing in the wider social and cultural context, the article provides new explanations for the rise and demise of the ‘emotional judge’ between ca. 1880 and 1930 and the persistence of the ‘dispassionate’ stereotype in the modern era.
There are shown situations when such ordinary things as a shop, a workshop, an insurance company, a long distance train, a clinic, a hospital, a stage scenery, some sport activity or military service, unfavorable ecologic or informational situations further the dependant condition of a person, in the article. Besides such person experiences not only psychological of physical discomfort, but such emotions, that ruin its nature, change the behavior, touch the soul, restrain the psyche, perturb the heart, the whole body. There are made several propositions of freedom infringement counteraction concerning every kind of exploitation, including the criminal law resistance to it.
In this chapter we review and analyze the existing concepts of political manipulation of the emotional atmosphere of the society, concentrating our attention on the mechanisms used to transfer personal emotions into political actions. In particular, we are interested in emotions that can be the source of forming a so-called ‘politicized identity’ and explain the differences and the similarities of political manipulations in totalitarian regimes and democracy.
The chapter examines the academic dispute in newspapers between two legal scholars on details of the judicial reform in Russia in terms of rhetoric.
The role of emotions in social movements and mobilization has been an important focus of recent research, but the emotional mechanisms producing apathy and non-participation remain under studied. This article explores the thinking and feeling processes involved in the production of apolitical attitudes, paying particular attention to their social and cultural context. Cultural norms of appropriateness and emotional expression can hinder or boost the emotions involved in the mobilizing processes. Based on 60 interviews with young people in two Russian cities, collected during and in the aftermath of the anti-regime protests of 2011–12, I explore the apathy syndrome—a combination of emotional mechanisms and cultural norms that produce political apathy. Personal frustrating experiences develop into long-term cynicism and disbelief in the efficacy of collective action, a process exacerbated by the transmission of apathy in families and educational institutions, as well as by cultural norms of appropriate emotions. Cultural clichés and dissociation from others help people cope with the trap and justify inaction.