Author: Stina Bergman Blix Publisher: Routledge ISBN: 1315306735 Category : Social Science Languages : en Pages : 211
Book Description
Professional Emotions in Court examines the paramount role of emotions in the legal professions and in the functioning of the democratic judicial system. Based on extensive interview and observation data in Sweden, the authors highlight the silenced background emotions and the tacitly habituated emotion management in the daily work at courts and prosecution offices. Following participants ‘backstage’ – whether at the office or at lunch – in order to observe preparations for and reflections on the performance in court itself, this book sheds light on the emotionality of courtroom interactions, such as professional collaboration, negotiations, and challenges, with the analysis of micro-interactions being situated in the broader structural regime of the legal system – the emotive-cognitive judicial frame – throughout. A demonstration of the false dichotomy between emotion and reason that lies behind the assumption of a judicial system that operates rationally and without emotion, Professional Emotions in Court reveals how this assumption shapes professionals’ perceptions and performance of their work, but hampers emotional reflexivity, and questions whether the judicial system might gain in legitimacy if the role of emotional processes were recognized and reflected upon.
Author: Lisa Flower Publisher: Routledge ISBN: 9780367647216 Category : Criminal defense lawyers Languages : en Pages : 210
Book Description
Interactional Justice explores the accomplishment of loyalty by focusing on defence lawyers' work in the emotionally and interactionally constraining situation of the criminal trial.
Author: American Bar Association. House of Delegates Publisher: American Bar Association ISBN: 9781590318737 Category : Law Languages : en Pages : 216
Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Ronda Muir Publisher: American Bar Association ISBN: 9781634259163 Category : Business & Economics Languages : en Pages : 0
Book Description
Everyone is familiar with "IQ"--intelligence quotient. Most lawyers put their IQ scores up there with their SAT and LSAT scores as generally acknowledged evidence of their competence. But what is your emotional intelligence quotient? And why should you care?"Emotional intelligence" (EI) is the ability to recognize, understand, and regulate our own and others' emotions. Industries worldwide have incorporated EI into their education, hiring, training, and management programs to maximize performance. BEYOND SMART: LAWYERING WITH EMOTIONAL INTELLIGENCE is the first comprehensive guide to understanding and raising emotional intelligence in the unique context of law practice. It explains the origins of EI, a lawyer's historic role in developing the concept, how lawyers compare in EI to other professionals and how to determine your level of EI. Beyond Smart also outlines how: - Emotionally intelligent lawyers are smarter, better practitioners--as negotiators, litigators and judges, make more money, and are physically and mentally healthier;- Emotionally intelligent law departments and law firms profit from more effective leadership, greater performance, enhanced teamwork, and increased client satisfaction, as well as lower attrition, healthcare and professional liability costs;- Emotionally intelligent practices can thrive in an increasingly competitive and technologically complex marketplace, even outperforming artificial intelligence; and- Individuals, workplaces and law schools can take steps to raise emotional intelligence.This user-friendly, practical resource is designed for today's legal professional who desires to improve their communication, client service and leadership skills and create a high performance, high functioning workplace.
Author: Brian H. Bornstein Publisher: Springer Science & Business Media ISBN: 1441906967 Category : Psychology Languages : en Pages : 221
Book Description
From questions surrounding motives to the concept of crimes of passion, the intersection of emotional states and legal practice has long interested professionals as well as the public—recent cases involving extensive pretrial publicity, highly charged evidence, and instances of jury nullification continue to make the subject particularly timely. With these trends in mind, Emotion and the Law brings a rich tradition in social psychology into sharp forensic focus in a unique interdisciplinary volume. Emotion, mood and affective states, plus patterns of conduct that tend to arise from them in legal contexts, are analyzed in theoretical and practical terms, using real-life examples from criminal and civil cases. From these complex situations, contributors provide answers to bedrock questions—what roles affect plays in legal decision making, when these roles are appropriate, and what can be done so that emotion is not misused or exploited in legal procedures—and offer complementary legal and social/cognitive perspectives on these and other salient issues: Positive versus negative affect in legal decision making, emotion, eyewitness memory, and false memory, the influence of emotions on juror decisions, and legal approaches to its control, a terror management theory approach to the understanding of hate crimes, policy recommendations for managing affect in legal proceedings, additional legal areas that can benefit from the study of emotion. Emotion and the Law clarifies theoretical grey areas, revisits current practice, and suggests possibilities for both new scholarship and procedural guidelines, making it a valuable reference for psycho legal researchers, forensic psychologists, and policymakers.
Author: Susan A. Bandes Publisher: Edward Elgar Publishing ISBN: 1788119088 Category : Law Languages : en Pages : 640
Book Description
This illuminating Research Handbook analyses the role that emotions play and ought to play in legal reasoning and practice, rejecting the simplistic distinction between reason and emotion.
Author: Sharyn Roach Anleu Publisher: Routledge ISBN: 1351718150 Category : Law Languages : en Pages : 180
Book Description
Judging and Emotion investigates how judicial officers understand, experience, display, manage and deploy emotions in their everyday work, in light of their fundamental commitment to impartiality. Judging and Emotion challenges the conventional assumption that emotion is inherently unpredictable, stressful or a personal quality inconsistent with impartiality. Extensive empirical research with Australian judicial officers demonstrates the ways emotion, emotional capacities and emotion work are integral to judicial practice. Judging and Emotion articulates a broader conception of emotion, as a social practice emerging from interaction, and demonstrates how judicial officers undertake emotion work and use emotion as a resource to achieve impartiality. A key insight is that institutional requirements, including conceptions of impartiality as dispassion, do not completely determine the emotion dimensions of judicial work. Through their everyday work, judicial officers construct and maintain the boundaries of an impartial judicial role which necessarily incorporates emotion and emotion work. Building on a growing interest in emotion in law and social sciences, this book will be of considerable importance to socio-legal scholars, sociologists, the judiciary, legal practitioners and all users of the courts.
Author: Michał Dudek Publisher: Springer Nature ISBN: 303066984X Category : Law Languages : en Pages : 295
Book Description
The book presents a comprehensive reconceptualization of Geert Hofstede’s well-known concept of power distance, applying the theory to the specific case of judge–witness courtroom interactions in Polish regional courts. In the light of the detailed critique of Hofstede’s original approach to power distance, the book first carefully develops a three-level concept of power distance, including personal preferences concerning the realization of power relations (subjective level); rules, practices and spatio-architectural arrangements underlying power relations (organizational level); and individual demeanors that can, in practice, increase or decrease the asymmetry between parties to a power relation (interactional level). This reconceptualization provides a universal conceptual apparatus that is applicable to various social settings, but the authors have used it in extensive qualitative and quantitative research focused on courtroom interactions. After laying the theoretical foundations, the book details the elements of judge–witness courtroom interactions (both verbal and non-verbal) that contribute to establishing power distance between judge and witness. These were identified over 6 months of observational research conducted in 2018 in the Kraków regional courts. Lastly, the book addresses the issue of the relationship between the subjective level of power distance and opinions that laypeople can have concerning a judge’s demeanor in the courtroom environment. To do so, it describes specific quantitative research that involved the creation of original film clips depicting witness questioning by the judge in a courtroom in three power distance situations. Offering a coherent framework for examining various interpersonal relations in legal contexts and illustrating how the framework can be applied on the courtroom interactions example, the book will appeal to a wide range of legal practitioners and academics. It also allows scientists outside the legal field to gain a new and broad understanding of power distance that they can easily apply in their respective fields. Furthermore, it provides non-academics with insights into courtroom interactional dynamics, as exemplified by the discussion of Polish judicial practice.
Author: Jean-Pierre Gauci Publisher: Taylor & Francis ISBN: 1040032834 Category : Law Languages : en Pages : 425
Book Description
The practice of teaching international law is conducted in a wide range of contexts across the world by a host of different actors – including scholars, practitioners, civil society groups, governments, and international organisations. This collection brings together a diversity of scholars and practitioners to share their experiences and critically reflect on current practices of teaching international law across different contexts, traditions, and perspectives to develop existing conversations and spark fresh ones concerning teaching practices within the field of international law. Reflecting on the responsibilities of teachers of international law to engage with and confront histories, contemporary crises, and everyday events in their teaching, the collection explores efforts to decenter the teacher and the law in the classroom, opportunities for dialogical and critical approaches to teaching, and the possibilities of co-producing non-conventional pedagogies that question the mainstream underpinnings of international law teaching. Focusing on the tools and techniques used to teach international law to date, the collection examines the teaching of international law in different contexts. Traversing a range of domestic and regional contexts around the world, the book offers insights into both the culture of teaching in particular domestic settings, aswell as the structural challenges and obstacles that arise in terms of who, what, and how international law is taught in practice. Offering a unique window into the personal experiences of a diversity of scholars and practitioners from around the world, this collection aims to nurture conversations about the responsibilities, approaches, opportunities, and challenges of teaching international law.
Author: Stewart Field Publisher: Bloomsbury Publishing ISBN: 150993992X Category : Law Languages : en Pages : 279
Book Description
This book investigates how defendants are assessed by criminal justice decisionmakers, such as judges, lawyers, probation officers, parole board members and those involved in restorative justice. What attitudes and emotions are defendants expected to show? How are these expectations communicated? The book argues that defendants, at various stages of the criminal justice process, are expected to show a (more or less) free acceptance of guilt and individual responsibility along with a display of 'appropriate' emotions, ideally including 'genuine' remorse. It examines why such expressions of individual responsibility and remorse are so important to decision-makers and the state. With contributors from across the world, the book opens new comparative possibilities and research agendas.
Author: Stina Bergman Blix
Author: Lisa Flower
Author: American Bar Association. House of Delegates
Author: Ronda Muir
Author: Brian H. Bornstein
Author: Susan A. Bandes
Author: Sharyn Roach Anleu
Author: Michał Dudek
Author: Jean-Pierre Gauci
Author: Stewart Field