• A
  • A
  • A
  • ABC
  • ABC
  • ABC
  • А
  • А
  • А
  • А
  • А
Regular version of the site

Article

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.