(Dis)passionate law stories : The emotional processes of encoding narratives in court
Bergman Blix, Stina LU
and Minissale, Alessandra
(2022)
In Journal of law and society
49(2).
p.245-262
- Abstract
- In this conceptual article, we propose that legal professional decision makers’ transformation of narratives in court (encoding) influences their emotional attunement to the stories at hand. First, we argue that the process of encoding is linked to the strict demand for dispassion in legal settings. Second, we introduce three techniques that regulate the emotional processes at play during the encoding of law narratives: demarcation, fragmentation, and proximation. Demarcation and fragmentation produce emotional distance from narratives and their associated emotions, while proximation refers to the deliberate calibration of emotional attunement to law stories to enable legal decision making. Demarcation and fragmentation are sustained by... (More)
- In this conceptual article, we propose that legal professional decision makers’ transformation of narratives in court (encoding) influences their emotional attunement to the stories at hand. First, we argue that the process of encoding is linked to the strict demand for dispassion in legal settings. Second, we introduce three techniques that regulate the emotional processes at play during the encoding of law narratives: demarcation, fragmentation, and proximation. Demarcation and fragmentation produce emotional distance from narratives and their associated emotions, while proximation refers to the deliberate calibration of emotional attunement to law stories to enable legal decision making. Demarcation and fragmentation are sustained by background emotions of ease and interest when stories align with legal requirements, versus disinterest and irritation when ‘too many’ details are introduced. Proximation is regulated through the epistemic emotions of doubt and certainty. By scrutinizing the subtle emotions involved in legal encoding, we problematize the ideal of judicial dispassion. (Less)
- Abstract (Swedish)
- In this conceptual article, we propose that legal professional
decision makers’ transformation of narratives in
court (encoding) influences their emotional attunement
to the stories at hand. First, we argue that the process
of encoding is linked to the strict demand for dispassion
in legal settings. Second, we introduce three techniques
that regulate the emotional processes at play during
the encoding of law narratives: demarcation, fragmentation,
and proximation. Demarcation and fragmentation
produce emotional distance from narratives and
their associated emotions, while proximation refers to
the deliberate calibration of emotional attunement to
lawstories to enable legal decision... (More) - In this conceptual article, we propose that legal professional
decision makers’ transformation of narratives in
court (encoding) influences their emotional attunement
to the stories at hand. First, we argue that the process
of encoding is linked to the strict demand for dispassion
in legal settings. Second, we introduce three techniques
that regulate the emotional processes at play during
the encoding of law narratives: demarcation, fragmentation,
and proximation. Demarcation and fragmentation
produce emotional distance from narratives and
their associated emotions, while proximation refers to
the deliberate calibration of emotional attunement to
lawstories to enable legal decision making.Demarcation
and fragmentation are sustained by background emotions
of ease and interest when stories align with legal
requirements, versus disinterest and irritation when
‘too many’ details are introduced. Proximation is regulated
through the epistemic emotions of doubt and certainty.
By scrutinizing the subtle emotions involved in
legal encoding, we problematize the ideal of judicial
dispassion. (Less)
Please use this url to cite or link to this publication:
https://lup.lub.lu.se/record/0815d244-d206-4177-b12d-56fb258ac030
- author
- Bergman Blix, Stina
LU
and Minissale, Alessandra
- publishing date
- 2022
- type
- Contribution to journal
- publication status
- published
- subject
- keywords
- emotion management, encoding, epistemic emotions, legal decision-making, narrative, Sociology (excluding Social Work, Social Psychology and Social Anthropology), Sociologi (exklusive socialt arbete, socialpsykologi och socialantropologi)
- in
- Journal of law and society
- volume
- 49
- issue
- 2
- pages
- 18 pages
- publisher
- Wiley-Blackwell
- external identifiers
-
- scopus:85129483500
- ISSN
- 0263-323X
- DOI
- 10.1111/jols.12355
- language
- English
- LU publication?
- no
- additional info
- 2023-08-31T09:02:37.436+02:00
- id
- 0815d244-d206-4177-b12d-56fb258ac030
- date added to LUP
- 2026-01-27 09:54:23
- date last changed
- 2026-02-02 09:45:13
@article{0815d244-d206-4177-b12d-56fb258ac030,
abstract = {{In this conceptual article, we propose that legal professional decision makers’ transformation of narratives in court (encoding) influences their emotional attunement to the stories at hand. First, we argue that the process of encoding is linked to the strict demand for dispassion in legal settings. Second, we introduce three techniques that regulate the emotional processes at play during the encoding of law narratives: demarcation, fragmentation, and proximation. Demarcation and fragmentation produce emotional distance from narratives and their associated emotions, while proximation refers to the deliberate calibration of emotional attunement to law stories to enable legal decision making. Demarcation and fragmentation are sustained by background emotions of ease and interest when stories align with legal requirements, versus disinterest and irritation when ‘too many’ details are introduced. Proximation is regulated through the epistemic emotions of doubt and certainty. By scrutinizing the subtle emotions involved in legal encoding, we problematize the ideal of judicial dispassion.}},
author = {{Bergman Blix, Stina and Minissale, Alessandra}},
issn = {{0263-323X}},
keywords = {{emotion management; encoding; epistemic emotions; legal decision-making; narrative; Sociology (excluding Social Work, Social Psychology and Social Anthropology); Sociologi (exklusive socialt arbete, socialpsykologi och socialantropologi)}},
language = {{eng}},
number = {{2}},
pages = {{245--262}},
publisher = {{Wiley-Blackwell}},
series = {{Journal of law and society}},
title = {{(Dis)passionate law stories : The emotional processes of encoding narratives in court}},
url = {{http://dx.doi.org/10.1111/jols.12355}},
doi = {{10.1111/jols.12355}},
volume = {{49}},
year = {{2022}},
}