Integrating Rationality and Emotion in Legal Institutions
(2024) p.173-197- Abstract
- In the Law and Emotion field, the integration of reason and emotion finds support in empirical research. Legal practice, however, still maintains that ‘rational, objective’ law is devoid of emotion. This raises the question of how to incorporate the divide itself in a theoretical understanding of the role of emotions in legal practice. The legal system is congenial with other modern bureaucratic institutions, so this question is relevant for understanding state institutions generally. We thus 1. review the field of Law and Emotion, and 2. propose some general theoretical approaches for the study of emotions and institutions. Among these: a) the concept of emotive-cognitive primary frame; b) narrative theory; c) social interactionism. In... (More)
- In the Law and Emotion field, the integration of reason and emotion finds support in empirical research. Legal practice, however, still maintains that ‘rational, objective’ law is devoid of emotion. This raises the question of how to incorporate the divide itself in a theoretical understanding of the role of emotions in legal practice. The legal system is congenial with other modern bureaucratic institutions, so this question is relevant for understanding state institutions generally. We thus 1. review the field of Law and Emotion, and 2. propose some general theoretical approaches for the study of emotions and institutions. Among these: a) the concept of emotive-cognitive primary frame; b) narrative theory; c) social interactionism. In conclusion, we suggest some pathways for future research on emotions and rationality in bureaucratic institutions. (Less)
- Abstract (Swedish)
- In the Law and Emotion field, the integration of reason and emotion finds support in empirical research. Legal practice, however, still maintains that ‘rational, objective’ law is devoid of emotion. This raises the question of how to incorporate the divide itself in a theoretical understanding of the role of emotions in legal practice. The legal system is congenial with other modern bureaucratic institutions, so this question is relevant for understanding state institutions generally. We thus 1. review the field of Law and Emotion, and 2. propose some general theoretical approaches for the study of emotions and institutions. Among these: a) the concept of emotive-cognitive primary frame; b) narrative theory; c) social interactionism. In... (More)
- In the Law and Emotion field, the integration of reason and emotion finds support in empirical research. Legal practice, however, still maintains that ‘rational, objective’ law is devoid of emotion. This raises the question of how to incorporate the divide itself in a theoretical understanding of the role of emotions in legal practice. The legal system is congenial with other modern bureaucratic institutions, so this question is relevant for understanding state institutions generally. We thus 1. review the field of Law and Emotion, and 2. propose some general theoretical approaches for the study of emotions and institutions. Among these: a) the concept of emotive-cognitive primary frame; b) narrative theory; c) social interactionism. In conclusion, we suggest some pathways for future research on emotions and rationality in bureaucratic institutions. (Less)
Please use this url to cite or link to this publication:
https://lup.lub.lu.se/record/07ef5d8c-84c8-40df-9b37-9dfc24046d6d
- author
- Bergman Blix, Stina
LU
and Wettergren, Åsa
- publishing date
- 2024
- type
- Chapter in Book/Report/Conference proceeding
- publication status
- published
- subject
- keywords
- Emotions, Rationality, Objectivity, Emotive-cognitive judicial frame, Bureaucratic institutions, Sociology (excluding Social Work, Social Psychology and Social Anthropology), Sociologi (exklusive socialt arbete, socialpsykologi och socialantropologi)
- host publication
- Research Handbook on the Sociology of Emotion : Institutions and Emotional Rule Regimes
- editor
- Flam, Helena
- pages
- 25 pages
- publisher
- Edward Elgar Publishing Ltd.
- external identifiers
-
- scopus:85195003883
- ISBN
- 9781803925653
- 9781803925646
- DOI
- 10.4337/9781803925653.00015
- language
- English
- LU publication?
- no
- additional info
- 2024-08-01T16:21:09.004+02:00
- id
- 07ef5d8c-84c8-40df-9b37-9dfc24046d6d
- date added to LUP
- 2026-01-27 09:51:32
- date last changed
- 2026-02-03 03:53:01
@inbook{07ef5d8c-84c8-40df-9b37-9dfc24046d6d,
abstract = {{In the Law and Emotion field, the integration of reason and emotion finds support in empirical research. Legal practice, however, still maintains that ‘rational, objective’ law is devoid of emotion. This raises the question of how to incorporate the divide itself in a theoretical understanding of the role of emotions in legal practice. The legal system is congenial with other modern bureaucratic institutions, so this question is relevant for understanding state institutions generally. We thus 1. review the field of Law and Emotion, and 2. propose some general theoretical approaches for the study of emotions and institutions. Among these: a) the concept of emotive-cognitive primary frame; b) narrative theory; c) social interactionism. In conclusion, we suggest some pathways for future research on emotions and rationality in bureaucratic institutions.}},
author = {{Bergman Blix, Stina and Wettergren, Åsa}},
booktitle = {{Research Handbook on the Sociology of Emotion : Institutions and Emotional Rule Regimes}},
editor = {{Flam, Helena}},
isbn = {{9781803925653}},
keywords = {{Emotions; Rationality; Objectivity; Emotive-cognitive judicial frame; Bureaucratic institutions; Sociology (excluding Social Work, Social Psychology and Social Anthropology); Sociologi (exklusive socialt arbete, socialpsykologi och socialantropologi)}},
language = {{eng}},
pages = {{173--197}},
publisher = {{Edward Elgar Publishing Ltd.}},
title = {{Integrating Rationality and Emotion in Legal Institutions}},
url = {{http://dx.doi.org/10.4337/9781803925653.00015}},
doi = {{10.4337/9781803925653.00015}},
year = {{2024}},
}