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Seattle University Collaborative Projects - International Academy of ...

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emotions; further, it makes that emotional labor difficult to observe. The project I will describehas three goals. First, it seeks to dislodge the cultural commitment to judicial dispassion, bydemonstrating not just emotion’s inevitability but also its value. The affective sciencesconvincingly have shown that emotion reflects beliefs and values and motivates action; far frombeing inherently irrational, it contains its own rationality. Second, the project seeks to expandour ability to discern judicial emotion, including through empirical investigation. Judgessometimes self-report emotional reactions, and such reactions sometimes leak through in theirwords and actions. I gather together such evidence to suggest the range <strong>of</strong> judges’ emotionalexperiences, and outline the prospects for more systematic empiricism. Third, the project seeksto closely analyze the benefits and dangers <strong>of</strong> specific emotions in light <strong>of</strong> the judge’s role. Ituses judicial anger as the illustrative example, and shows how such anger can serve as either apositive or negative force in judging, depending on the beliefs and values it reflects, the mannerin which it is expressed, and the impact <strong>of</strong> such expression—both on others, such as litigants andcolleagues, but also on popular perceptions <strong>of</strong> justice.93. Law and Emotions IIGodly Jealousy, Righteous Anger and Loss <strong>of</strong> Self-ControlJohn Stannard, Queen’s <strong>University</strong> Belfast (j.stannard@qub.ac.uk)The focus <strong>of</strong> this paper is the perceived boundary between ‘good’ and ‘bad’ emotions, and theway in which it is reflected in the common law defence <strong>of</strong> loss <strong>of</strong> self-control in cases <strong>of</strong> murder.Jealousy and anger are now <strong>of</strong>ten seen in negative terms, but this contrasts with an older notionseen in the Bible and other literature, whereby such emotions can be both righteous and justified.Similarly, modern English law no longer allows the defendant in a murder case to rely on loss <strong>of</strong>self-control triggered by sexual infidelity, in contrast to the traditional doctrine where the finding<strong>of</strong> a wife in adultery was one <strong>of</strong> the few factors, short <strong>of</strong> a physical attack, that would allow thedefence to be raised. The paper seeks to explore the parallels between these two developments,the aim being to cast light on the broader relationship between emotion and criminal culpability.Lay and Pr<strong>of</strong>essional Conceptualizations <strong>of</strong> Emotions: In Search <strong>of</strong> CommonGroundTimothy Ritchie, <strong>University</strong> <strong>of</strong> Limerick (tim.ritchie@ul.ie)Eimar Spain, <strong>University</strong> <strong>of</strong> Limerick (eimear.spain@ul.ie)Research has shown that there are basic differences in how people think about and express theirown feelings. For example, Maio and Esses (2001) demonstrated that people have fundamentallydifferent ‘needs for affect’. Their research showed that, in general, some people prefer to227

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