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Integrating Rationality and Emotion in Legal Institutions

Bergman Blix, Stina LU orcid and Wettergren, Åsa (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:
author
and
publishing date
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}},
}