According to legal tradition, the ideal judge is entirely dispassionate. Affective science calls into question the legitimacy of this ideal; further, it suggests that no judge could ever meet this standard, even if it were the correct one. What judges can and should do is to learn to effectively manage—rather than eliminate—emotion. Specifically, an emotion regulation perspective suggests that judicial emotion is best managed by cognitive reappraisal and, often, disclosure; behavioral suppression should be used sparingly; and suppression of emotional experience (...) is rarely helpful. We argue that the dispassionate-judge ideal presents a barrier to achieving the flexibility necessary for adaptive judicial emotion regulation. We suggest a new ideal, that of the emotionally well-regulated judge, and propose several directions for future research to strengthen ties between law and psychology, with particular attention to the study of emotion. (shrink)

Law and emotion has evolved into a vibrant and diverse field, drawing in legal scholars and interdisciplinary partners from across the social sciences, hard sciences, and humanities. This introduction to the special section on law and emotion traces the history and theoretical underpinnings of this movement and situates the special section within it. The insights of emotion research can help legal scholars and practitioners to better calibrate law to human realities and to foster a desired set of emotional experiences among (...) law’s subjects. Law, in turn, offers to researchers a forum within which to explore emotion in a dynamic and influential real-world setting. The introduction ends with a call to disciplined interdisciplinarity. (shrink)