(Dis)passionate law stories: the emotional processes of encoding narratives in court.

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.