Navigating Uncertainty and Negotiating Trust in Judicial Deliberations
Bergman Blix, Stina LU
and Törnqvist, Nina
(2024)
In Frontiers in Sociology
9.
- Abstract
- Autonomy and independence are key features of legal decision-making. Yet, decision-making in court is fundamentally interactional and collective, both during the information gathering phase of hearings, and in evaluations during deliberations. Depending on legal system and type of court, deliberations can include different constellations of lay judges, jurors, or judge panels. In this article, we explore the collective dynamic of knowledge acquisition in legal decision-making, by analysing their emotional undercurrents. We show how judges balance uncertainty and certainty in legal deliberation, elaborating on 1) trust; 2) uncertainty exchange, and; 3) certainty as an agile emotion. Theoretically, the article combines an emotive-cognitive... (More)
- Autonomy and independence are key features of legal decision-making. Yet, decision-making in court is fundamentally interactional and collective, both during the information gathering phase of hearings, and in evaluations during deliberations. Depending on legal system and type of court, deliberations can include different constellations of lay judges, jurors, or judge panels. In this article, we explore the collective dynamic of knowledge acquisition in legal decision-making, by analysing their emotional undercurrents. We show how judges balance uncertainty and certainty in legal deliberation, elaborating on 1) trust; 2) uncertainty exchange, and; 3) certainty as an agile emotion. Theoretically, the article combines an emotive-cognitive judicial framework, which understands emotion and reason as intersecting and continuous, with social interactionist theory. The analysis builds on extensive ethnographic fieldwork in Sweden, including shadowing and interviews with judges as well as observations during court proceedings and deliberations. The article actualizes the joint accomplishment of legal independence, and contributes with a nuanced account of how the decision-making process unfolds in legal deliberations. (Less)
- Abstract (Swedish)
- Autonomy and independence are key features of legal decision-making. Yet, decisionmaking
in court is fundamentally interactional and collective, both during the information
gathering phase of hearings, and in evaluations during deliberations. Depending on
legal system and type of court, deliberations can include different constellations of
lay judges, jurors, or judge panels. In this article, we explore the collective dynamic
of knowledge acquisition in legal decision-making, by analysing their emotional
undercurrents. We show how judges balance uncertainty and certainty in legal
deliberation, elaborating on (1) trust; (2) uncertainty exchange, and; (3) certainty as
an agile emotion. Theoretically, the... (More) - Autonomy and independence are key features of legal decision-making. Yet, decisionmaking
in court is fundamentally interactional and collective, both during the information
gathering phase of hearings, and in evaluations during deliberations. Depending on
legal system and type of court, deliberations can include different constellations of
lay judges, jurors, or judge panels. In this article, we explore the collective dynamic
of knowledge acquisition in legal decision-making, by analysing their emotional
undercurrents. We show how judges balance uncertainty and certainty in legal
deliberation, elaborating on (1) trust; (2) uncertainty exchange, and; (3) certainty as
an agile emotion. Theoretically, the article combines an emotive-cognitive judicial
framework, which understands emotion and reason as intersecting and continuous,
with social interactionist theory. The analysis builds on extensive ethnographic
fieldwork in Sweden, including shadowing and interviews with judges as well as
observations during court proceedings and deliberations. The article actualizes
the joint accomplishment of legal independence, and contributes with a nuanced
account of how the decision-making process unfolds in legal deliberations. (Less)
Please use this url to cite or link to this publication:
https://lup.lub.lu.se/record/2f5918fa-eafa-426e-beb4-063f90f67406
- author
- Bergman Blix, Stina
LU
and Törnqvist, Nina
- publishing date
- 2024-11
- type
- Contribution to journal
- publication status
- published
- subject
- keywords
- judicial deliberation, trust, epistemic emotions, judges, legal decision-making, Sociology (excluding Social Work, Social Psychology and Social Anthropology), Sociologi (exklusive socialt arbete, socialpsykologi och socialantropologi)
- in
- Frontiers in Sociology
- volume
- 9
- publisher
- Frontiers Media S. A.
- external identifiers
-
- scopus:85210176020
- ISSN
- 2297-7775
- DOI
- 10.3389/fsoc.2024.1423885
- language
- English
- LU publication?
- no
- additional info
- 2024-12-12T09:07:44.064+01:00
- id
- 2f5918fa-eafa-426e-beb4-063f90f67406
- date added to LUP
- 2026-01-27 09:52:34
- date last changed
- 2026-01-29 08:39:34
@article{2f5918fa-eafa-426e-beb4-063f90f67406,
abstract = {{Autonomy and independence are key features of legal decision-making. Yet, decision-making in court is fundamentally interactional and collective, both during the information gathering phase of hearings, and in evaluations during deliberations. Depending on legal system and type of court, deliberations can include different constellations of lay judges, jurors, or judge panels. In this article, we explore the collective dynamic of knowledge acquisition in legal decision-making, by analysing their emotional undercurrents. We show how judges balance uncertainty and certainty in legal deliberation, elaborating on 1) trust; 2) uncertainty exchange, and; 3) certainty as an agile emotion. Theoretically, the article combines an emotive-cognitive judicial framework, which understands emotion and reason as intersecting and continuous, with social interactionist theory. The analysis builds on extensive ethnographic fieldwork in Sweden, including shadowing and interviews with judges as well as observations during court proceedings and deliberations. The article actualizes the joint accomplishment of legal independence, and contributes with a nuanced account of how the decision-making process unfolds in legal deliberations.}},
author = {{Bergman Blix, Stina and Törnqvist, Nina}},
issn = {{2297-7775}},
keywords = {{judicial deliberation; trust; epistemic emotions; judges; legal decision-making; Sociology (excluding Social Work, Social Psychology and Social Anthropology); Sociologi (exklusive socialt arbete, socialpsykologi och socialantropologi)}},
language = {{eng}},
publisher = {{Frontiers Media S. A.}},
series = {{Frontiers in Sociology}},
title = {{Navigating Uncertainty and Negotiating Trust in Judicial Deliberations}},
url = {{http://dx.doi.org/10.3389/fsoc.2024.1423885}},
doi = {{10.3389/fsoc.2024.1423885}},
volume = {{9}},
year = {{2024}},
}