Until recently questions of emotions – subjective judicial emotional experiences, emotional display, emotional performance, and emotion work – were not part of discussion about or research on the judiciary. Conventional understandings of the judicial role emphasise impersonality and dispassion as central to neutrality and legal authority. Emotions have been viewed as inherently irrational, disorderly, impulsive and personal and therefore as inconsistent with the legitimate exercise of judicial authority.
However, judicial emotion, including stress and work satisfaction, has been identified as a key theme from the beginning of the Projects. Research to date suggests that complying with judicial norms such as impartiality, neutrality, and fairness often depends on successful emotion management. These developments potentially raise deep questions about the proper role of a judicial officer.
This study will consider the formal rules and informal norms governing emotion in the performance of the judicial role, examine the kinds of emotions and emotion-related behaviour observed in court and investigate how judicial officers themselves experience and understand the role of emotions in their work.
The current research will be undertaken in collaboration with Dr. Jennifer Elek and Dr. David Rottman of the National Center for State Courts in the USA and will draw on USA materials on judicial performance evaluation and discipline, as one of several strategies to explore emotion in judging.
Publications relating to this phase of the project include:
Roach Anleu, Sharyn and Kathy Mack, Judging and Emotion (2021) Routledge; in press
Roach Anleu, Kathy Mack, Jennifer Elek and David Rottman (2020) ‘Judicial Ethics, Everyday Work and Emotion Management’, Journal of Law and Courts 20:127-150.
Roach Anleu, Sharyn and Kathy Mack (2019) ‘Impartiality and Emotion in Everyday Judicial Practice’ in Roger Patulny, Alberto Bellocchi, Rebecca E. Olson, Sukhmani Khorana, Jordan McKenzie and Michelle Peterie (eds) Emotions in Late Modernity, London: Routledge: 253-266.
Roach Anleu, Sharyn and Kathy Mack (2019) ‘Impartiality and Emotion in Everyday Judicial Practice’ in Roger Patulny, Sukhmani Khorana, Rebecca Olson et al (eds) Emotions in Late Modernity, London: Routledge: pp. 253-266
Roach Anleu, Sharyn and Kathy Mack (2019) ‘A Sociological Perspective on Emotion Work and Judging’, Oñati Socio-Legal Series 9:831-851
Roach Anleu, Sharyn, Jennifer Elek and Kathy Mack (2019) ‘Judicial Conduct Guidance and Emotion’, Journal of Judicial Administration 28:226-230
Tutton, Jordan, Kathy Mack and Sharyn Roach Anleu (2018) ‘Judicial Demeanor: Oral Argument in the High Court of Australia’, Justice System Journal 39(3): 273-299.
Milner Davis, Jessica and Sharyn Roach Anleu eds. (2018) Judges, Judging and Humour, London: Palgrave Macmillan.
Roach Anleu, Sharyn and Kathy Mack (2018) ‘Judicial Humour and Inter-professional Relations in the Courtroom’ in Jessica Milner Davis and Sharyn Roach Anleu (eds) Judges, Judging and Humour, London: Palgrave Macmillan.
Roach Anleu, Sharyn and Jessica Milner Davis (2018) ‘Thinking about Judges, Judging and Humour: The Intersection of Opposites’ Jessica Milner Davis and Sharyn Roach Anleu (eds) Judges, Judging and Humour, London: Palgrave Macmillan.
Roach Anleu and Kathy Mack (2017) ‘Impartiality and emotion in judicial work’ 29(3) Judicial Officers’ Bulletin 21-24.
Roach Anleu, Sharyn, Stina Bergman Blix, Kathy Mack and Åsa Wettergren (2016) ‘Observing Judicial Work and Emotions: Using Two Researchers’ 16(4) Qualitative Research 375-391.
Roach Anleu, Sharyn, David Rottman and Kathy Mack (2016) ‘The Emotional Dimension of Judging: Issues, Evidence, and Insights’ 52(2) Court Review 60-71. http://aja.ncsc.dni.us/publications/courtrv/cr52-2/Anleu.pdf
Roach Anleu, Sharyn, Stina Bergman Blix and Kathy Mack (2015) ‘Researching Emotion in Courts and the Judiciary: A Tale of Two Projects’ 7(2) Emotion Review 145-150.
Roach Anleu, Sharyn and Kathy Mack (2014) ‘Judicial performance and experiences of judicial work: Findings from socio-legal research’ 4(5) Oñati Socio-Legal Series 1015-1040. Available from: http://ssrn.com/abstract=2533861.
Roach Anleu, Sharyn, Stina Bergman Blix and Kathy Mack (2014) ‘Researching emotion in courts and the judiciary: A tale of two projects’ Emotion Review.
Roach Anleu, Sharyn, Kathy Mack and Jordan Tutton (2014) ‘Judicial humour in the Australian courtroom’ 38(2) Melbourne University Law Review 621-665. Available from: http://www.law.unimelb.edu.au/5D8DB6B0-BB25-11E4-AD480050568D27D4.
Roach, Anleu, Sharyn and Kathy Mack (2013) ‘Judicial authority and emotion work’ 11 The Judicial Review 329-347.
Roach Anleu, Sharyn and Kathy Mack (2005) ‘Magistrates’ everyday work and emotional labour’ 32(4) Journal of Law and Society 590-614.
This phase of the research is supported by an Australian Research Council Discovery Project Grant (DP 150103663), a 2013 Faculty of Education, Humanity and Law, Faculty Research Project and a 2013 School of Social & Policy Studies Research Support Grant.