Document Type

Article

Publication Title

Onati Socio-Legal Series

Publication Date

2019

ISSN

2079-5971

Page Number

799

Keywords

judicial emotion, judging, empirical research

Disciplines

Judges | Law | Law and Psychology

Abstract

The empirical study of judicial emotion has enormous but largely untapped potential to illuminate a previously underexplored aspect of judging, its processes, outputs, and impacts. After defining judicial emotion, this article proposes a theoretical taxonomy of approaches to its empirical exploration. It then presents and analyses extant examples of such research, with a focus on how the questions they ask fit within the taxonomy and the methods they use to answer those questions. It concludes by identifying areas for growth in the disciplined, data-based exploration of the many facets of judicial emotion.

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