Judge’s Emotions in the Context of Law and Emotion Studies

This study examines the role and impact of emotions in judicial processes and challenges the traditional reason-emotion dichotomy in modern legal systems. While judges are expected to suppress or ignore their emotions, this approach may have negative consequences both individually and professionally. It is emphasised that emotions are already present in judicial processes and can influence reasoning both positively and negatively. However, the article does not argue that judges should decide according to their feelings. Rather, it argues that emotions such as empathy, anger, fear, suffering, remorse, humiliation, vulnerability, and trust may become legally relevant in certain contexts and must be managed within professional boundaries. The study draws on law and emotion studies, psychology, neuroscience, Turkish legislation, selected case law, socio-legal research, and judicial training materials to show that emotions are closely linked to cognitive processes and that judges are often required to perform emotional work without a sufficiently explicit professional vocabulary or systematic training framework. As a result, it is argued that judges need systematic training and support mechanisms to enhance their emotional awareness and regulation skills. This approach is important for a more just, reflective, and humane judicial practice that acknowledges the complexity of human judgement.

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Publication Details

Journal
Annales de la Faculté de Droit d’Istanbul
Published
2026-09-09
DOI
https://doi.org/10.26650/annales.2026.1892903
Primary Topic
Legal Issues in Education
Type
article
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article

Judge’s Emotions in the Context of Law and Emotion Studies

Furkan Kararmaz
Annales de la Faculté de Droit d’Istanbul
Legal Issues in Education
article

Judge’s Emotions in the Context of Law and Emotion Studies

Furkan Kararmaz
article en

Abstract

This study examines the role and impact of emotions in judicial processes and challenges the traditional reason-emotion dichotomy in modern legal systems. While judges are expected to suppress or ignore their emotions, this approach may have negative consequences both individually and professionally. It is emphasised that emotions are already present in judicial processes and can influence reasoning both positively and negatively. However, the article does not argue that judges should decide according to their feelings. Rather, it argues that emotions such as empathy, anger, fear, suffering, remorse, humiliation, vulnerability, and trust may become legally relevant in certain contexts and must be managed within professional boundaries. The study draws on law and emotion studies, psychology, neuroscience, Turkish legislation, selected case law, socio-legal research, and judicial training materials to show that emotions are closely linked to cognitive processes and that judges are often required to perform emotional work without a sufficiently explicit professional vocabulary or systematic training framework. As a result, it is argued that judges need systematic training and support mechanisms to enhance their emotional awareness and regulation skills. This approach is important for a more just, reflective, and humane judicial practice that acknowledges the complexity of human judgement.

Annales de la Faculté de Droit d’IstanbulVol. 0(0)
Akdeniz University (TR)
Peace, Justice and strong institutions
Openalex Percentile: Top 2%
Legal Issues in Education
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