Zuzana Ambrozková
Author’s affiliation: Faculty of Law, Charles University in Prague

Emotion and law as a specific field of legal science: a review of the literature and suggestions for research

Jurisprudence 2/2024 Section: Articles Page: 9-18

Keywords: law and emotion, emotions, rationality, judicial decision-making, legal consciousness

Abstract: In the Anglo-American sphere, over the past two decades, there has been a growing field of scientific research on law and emotions, revealing previously unexplored connections between these societal phenomena. In domestic professional debate, this topic has not yet been systematically explored. In the following text, I introduce the field of law and emotions as a distinct academic discipline, summarizing existing knowledge. I present the main arguments for why the law should actively engage with emotions. The underlying idea is that until we acknowledge that emotions play their own role in the legal system, they may operate unnoticed, not properly considered, and not directed. Finally, I propose three directions for theoretical, but primarily empirical, research on emotions in law: research on the emotions of legal professionals, research on emotions as part of the subject of decision-making, and research on the emotions of legal recipients.

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