| 1. |
- Bergman Blix, Stina, 1971-, et al.
(författare)
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A Sociological Perspective on Emotions in the Judiciary
- 2016
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Ingår i: Emotion Review. - : SAGE Publications. - 1754-0739 .- 1754-0747. ; 8:1, s. 32-37
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Tidskriftsartikel (refereegranskat)abstract
- Introducing a sociological perspective on judicial emotions, we argue that previous studies underemphasize structural and interactional dimensions. Through key concepts in the sociology of emotions we relate professional court actors’ emotion management to the emotional regime of the judiciary. Examples from the Swedish judiciary illustrate three main arguments: (a) The idea of rational justice as nonemotional must be investigated as a joint accomplishment including collective emotion management; (b) Judicial objectivity requires situated emotion management and empathy, orientated by emotions of pride/shame; (c) The structural dimensions of power/status mitigate feeling and display rules. The situated power of the judge is upheld by ritual deference from other court professionals. Concluding, we suggest topics to develop structural and interactional perspectives on judicial emotion
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| 2. |
- Bergman Blix, Stina, 1971-
(författare)
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Access
- 2019
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Ingår i: SAGE Research Methods Foundations. - London : Sage Publications. - 9781473965003
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Bokkapitel (refereegranskat)abstract
- Access is the process of establishing rapport with a field containing different phases without an articulated end. Qualitative research often involves studying people in their social setting, documenting action and meaning making in relation to the field in which it occurs through ethnographic methods such as observations, shadowing and interviews. Gaining permission to a site or a specific group of people is essential to collect research data. Permission typically includes gaining approval from an ethics review board, and from organizations or collectives that make up the research site but, most importantly, from the individuals whose actions and meaning making the researcher wants to understand. Gaining and maintaining access builds on feelings of trust and interest and can therefore not be secured once and for all; it remains a continuous process throughout the data collection phase of a research project. The issues and obstacles encountered when gaining access demand practical solutions in the moment but can also give important analytical insights about the field itself. This article first discusses formal access and the role of gatekeepers, and then develops the importance of trust and interest to secure access. Access is thereafter problematized in relation to proximity to the field and in relation to the position of the researcher vis-à-vis the informants. Finally, the emotion management involved in gaining and maintaining access is elaborated.
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| 3. |
- Bergman Blix, Stina, 1971-
(författare)
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Arlie Russell Hochschild
- 2013. - 1
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Ingår i: Relationell socialpsykologi. - Stockholm : Liber. - 9789147098316 ; , s. 166-195
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Bokkapitel (övrigt vetenskapligt/konstnärligt)
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| 4. |
- Bergman Blix, Stina, 1971-
(författare)
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Bengt Ohlsson : Rollkonflikt och autenticitet
- 2015
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Ingår i: Sociologi genom litteratur. - Lund : Arkiv förlag & tidskrift. - 9789179242701 ; , s. 275-284
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Bokkapitel (övrigt vetenskapligt/konstnärligt)
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| 5. |
- Bergman Blix, Stina, 1971-
(författare)
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Different Roads to Empathy : Stage Actors and Judges as Polar Cases
- 2019
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Ingår i: Emotions and Society. - : Bristol University Press. - 2631-6897 .- 2631-6900. ; 1:2, s. 163-180
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Tidskriftsartikel (refereegranskat)abstract
- Using judges and stage actors as instructive polar types this article elucidates factors that influence the inclination to empathise. Both come in close contact with dramatic life stories on an everyday basis but approach empathy from contrasting vantage points: emotional distance versus emotional engagement. Similarities between these polar types can thus disentangle some of the factors that influence professional empathic perspective taking in more general terms. It is argued that reality or fiction in itself does not promote empathy, but the presence of a complete narrative structure which allows for personal recognition of shared attributes or experiences. In both professions the decoupling of emotions from private connotations, individual responsibility for interpretations on stage or in verdicts and defamiliarisation of private experiences can promote empathic perspective taking whereas it is prevented by one-sided perspective taking; for example, by judicial encoding (judges) or getting stuck in private experiences (stage actors). Organisational obstacles to empathy include hierarchal work structures or a ‘teflon culture’.
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| 6. |
- Bergman Blix, Stina, 1971-, et al.
(författare)
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(Dis)passionate law stories : the emotional processes of encoding narratives in court
- 2022
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Ingår i: Journal of law and society. - : John Wiley & Sons. - 0263-323X .- 1467-6478. ; 49:2, s. 245-262
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Tidskriftsartikel (refereegranskat)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.
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| 7. |
- Bergman Blix, Stina, 1971-
(författare)
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Emotional insights in the field
- 2015
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Ingår i: Methods of exploring emotions. - Abingdon : Routledge. - 9781138798694 - 9781317630463 ; , s. 125-133
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Bokkapitel (refereegranskat)
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| 8. |
- Bergman Blix, Stina, 1971-
(författare)
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Emotional Participation : the use of the observer’s emotions as a methodological tool when studying professional stage actors rehearsing a role for the stage
- 2009
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Ingår i: Nordic Theatre Studies. - Stockholm : Association of Nordic Theatre Scholars. - 0904-6380 .- 2002-3898. ; 21, s. 29-38
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Tidskriftsartikel (refereegranskat)abstract
- This contribution aims to identify and clarify emotional aspects of conducting observation studies. The researcher, in most cases, does not want to interfere with or influence the phenomenon under observation, but uses her/himself as a tool to collect material. Even if the observer does not participate verbally, s/he can be emotionally participative using her/his emotions as a methodological tool, generating reflections and insights relative to the situations and persons that are the object of observation. Earlier contributions from social anthropology and psychotherapy are discussed and compared to examples from observations on the rehearsals of two theatre productions. One crucial point is that the researcher’s emotions can be more or less congruent with the situation at hand; a match as well as a mis-match can be used as information in the research process. Furthermore, the emotional expressions displayed by professional actors can be more or less emotionally anchored within them. Do the observer’s feelings correlate with the research subjects’ felt emotions or their portrayed emotions? Reflections on these issues can be used in interviews with research subjects to attain a more nuanced and tangible interpretation of the studied phenomenon.
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| 9. |
- Bergman Blix, Stina, 1971-
(författare)
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Facilitating emotion management : organisational and individual strategies in the theatre
- 2014
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Ingår i: International Journal of Work Organisation and Emotion. - Olney Bucks : InderScience Publishers. - 1740-8938 .- 1740-8946. ; 6:2, s. 193-208
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Tidskriftsartikel (refereegranskat)abstract
- Detailed analysis of two theatre productions shows that the conceptof bounded emotionality can be used to tease out aspects of emotionmanagement that would not otherwise have been detectable. Non-instrumentalways to manage emotions – to facilitate emotion work – are used in situationswhere the goal is to produce quality performances, not to promote well-beingas such. The rehearsal period consists of phases that require different emotionmanagement strategies. In an initial phase, a secure working climate isestablished to deal with feelings of insecurity and shame. A creative phaseallows for role-related emotions, and a crisis phase calls for a balance betweenfrontstage and backstage regions. In a final phase, the ensemble closes its ranksand prepares to meet the audience. The director is expected to ‘manipulate withfinesse’, transforming his/her leadership role during the rehearsal process fromthat of boss to coach. Private, role-related and situation-related emotions aredifferentiated, showing how emotions are seized, channelled and divided inorder to direct emotional energy in effective ways. Finally, we discussimplications for organisations outside the theatrical domain.
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| 10. |
- Bergman Blix, Stina, 1971-, et al.
(författare)
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Humour in the Swedish Court: managing emotions, status and power
- 2018
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Ingår i: Judges, Judging and Humour. - London : Palgrave Macmillan. - 9783319767376 - 9783319767383 ; , s. 179-209
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Bokkapitel (refereegranskat)abstract
- This chapter analyses humour from an emotion sociological perspective, linking humour to power, status, and group solidarity. It draws from about 300 observed trials and interviews with 43 judges and 41 prosecutors from four Swedish district courts. Humour is sometimes skilfully used as a strategy to ease tension, relieve boredom or to reprimand. It is initiated/allowed by the judge, but high-status lawyers or prosecutors may take the initiative. Judges may use humour to uphold an effective and smooth procedure, attenuating their own power. It is generally unacceptable to laugh at the expense of lay- (low-power) people present in court. Inter-professional humour takes place in intermissions during the hearings, while trials running over several days may include the defendants in the semi-backstage inter-professional joking. Most in-court humorous incidents are unintended, where laughter is suppressed or released depending on the judge. Humour has different functions and expressions frontstage (in court) and backstage (office, lunch room). Observation of both arenas reveal its shame-management function in inter-professional relations. While the judges’ backstage area teems with jokes about embarrassing procedural mistakes, prosecutors’ backstage humour more often deals with the foulness and tragedy of criminals and crimes.
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| 11. |
- Bergman Blix, Stina, 1971-, et al.
(författare)
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Integrating Rationality and Emotion in Legal Institutions
- 2024
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Ingår i: Research Handbook on the Sociology of Emotion. - Northampton, MA : Edward Elgar Publishing. - 9781803925646 - 9781803925653 ; , s. 173-197
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Bokkapitel (refereegranskat)abstract
- In the Law and Emotion field, the integration of reason and emotion finds support in empirical research. Legal practice, however, still maintains that ‘rational, objective’ law is devoid of emotion. This raises the question of how to incorporate the divide itself in a theoretical understanding of the role of emotions in legal practice. The legal system is congenial with other modern bureaucratic institutions, so this question is relevant for understanding state institutions generally. We thus 1. review the field of Law and Emotion, and 2. propose some general theoretical approaches for the study of emotions and institutions. Among these: a) the concept of emotive-cognitive primary frame; b) narrative theory; c) social interactionism. In conclusion, we suggest some pathways for future research on emotions and rationality in bureaucratic institutions.
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| 12. |
- Bergman Blix, Stina, 1971-, et al.
(författare)
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Introducing an Interdisciplinary Frontier to Judging, Emotion and Emotion Work
- 2019
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Ingår i: Oñati Socio-Legal Series. - Oñati : Onati International Institute for the Sociology of Law. - 2079-5971. ; 9:5, s. 548-556
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Tidskriftsartikel (övrigt vetenskapligt/konstnärligt)abstract
- This special issue of Oñati Socio-Legal Series, titled Judging, Emotion and Emotion Work, is the result of presentations and discussions during an interdisciplinary workshop at the International Institute for the Sociology of Law (IISL) held in May 2018. This issue builds on the growing critique of the dispassionate ideal of judicial work, combining original theoretical insights with imaginative empirical analyses to extend the understanding of emotion in judging. Fifteen articles are presented in four themes: Theoretical, cultural and historical perspectives; Tensions of the dispassionate ideal; Social dynamics of emotion in judging; and Research methods, empirical insights and [changing] judicial practice. The international diversity of contributions recognises similarities and differences in the structure and organization of courts and the judiciary, and socio-cultural variations in emotional experience and expression.
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| 13. |
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| 14. |
- Bergman Blix, Stina, 1971-
(författare)
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Making Independent Decisions Together : Rational Emotions in Legal Adjudication
- 2022
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Ingår i: Symbolic interaction. - : John Wiley & Sons. - 0195-6086 .- 1533-8665. ; 45:1, s. 50-71
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Tidskriftsartikel (refereegranskat)abstract
- This article analyzes rational decision-making in court as an emotivecognitiveprocess formed in and through social interaction. Currenttheoretical perspectives have shown how emotion and thought areintertwined in the workings of the human brain but have seldom elaboratedon the contextual and structural features of rational-emotionaldecision-making. I propose a model that maps emotional processesand emotional management demands to the temporally extended,stepwise process of rational-legal decision-making. I show that (a) thebounded structure of the decision-making process actualizes differentemotive-cognitive complexes at different stages and (b) the demand forobjectivity in rational decision-making calls for parallel emotional processesand subject positions to remain independent while sustainingsocial cohesion.
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| 15. |
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| 16. |
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| 17. |
- Bergman Blix, Stina, 1971-
(författare)
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Professional emotion management as a rehearsal process
- 2015
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Ingår i: Professions & Professionalism. - : OsloMet - Oslo Metropolitan University. - 1893-1049. ; 5:2, s. 1-15
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Tidskriftsartikel (refereegranskat)abstract
- The work of stage actors has long been used as a simile for every day role playing, generating theoretical concepts to describe how people work to pre-sent themselves in general and how they manage their emotions in particular. Building on this tradition, this article analyses professional stage actors’ deliberate emotion management as an embodied professionalisation process, focusing the relation between emotional experience and expression through the concepts of decoupling, double agency and habituation. Observations and interviews with thea-tre actors rehearsing for a role revealed how they gradually develop a capacity for double agency, decoupling the experience from the expression of emotions, which are eventually habituated in a form adapted to the role character. This process of professionalising emotion management is beneficial to the presentation of role-appropriate emotions and furthers the ability to cope with the endeavour of manag-ing emotions at work. Implications for professions outside the artistic domain are discussed.
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| 18. |
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| 19. |
- Bergman Blix, Stina, 1971-
(författare)
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Rehearsing Emotions : The Process of Creating a Role for the Stage
- 2010
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- This thesis takes as its starting point the dramaturgical metaphor of the world as a stage, which is used in sociological role theories. These theories often presume what stage acting is about in order to use it as a simile for every day acting. My intention is to investigate how stage actors actually work with their roles, in particular how they work with emotions, and how it affects their private emotions.The thesis draws on participant observation and interviews with actors during the rehearsal phase of two productions at a large theatre in Sweden. The results show that the inhabiting of a role for the stage is more difficult and painstaking than has been assumed in role theories so far. Shame and insecurity are common, particularly in the start up phase of the rehearsals. Interestingly, these emotions do not disappear with growing experience, but instead become recognized and accepted as part of the work process.The primary focus is the interplay between the actors' experience and expression of emotions, often described in terms of surface and deep acting, concepts which are elaborated and put into a process perspective. Analysis of the rehearsal process revealed that actors gradually decouple the privately derived emotional experiences that they use to find their way into their characters from the emotions that they express on the stage. Thus private experiences are converted to professional emotional experiences and expressions, triggered by situational cues. When the experience has been expressed the physical manifestation can be repeated with a weaker base in a simultaneous experience, since the body remembers the expression. It is important though, that the emotional expression is not completely decoupled from a concomitant experience; then the expression looses its vitality. The ability to professionalize emotions makes the transitions in and out of emotions less strenuous but can infiltrate and cause problems in the actors' intimate relations.
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| 20. |
- Bergman Blix, Stina, 1971-
(författare)
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Stage Actors and Emotions at Work
- 2007
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Ingår i: International Journal of Work Organisation and Emotion. - 1740-8938 .- 1740-8946. ; 2:2, s. 161-172
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Tidskriftsartikel (refereegranskat)abstract
- We examine the distinctions between ‘playing’ and ‘playing at’ and between deep and surface acting made by Goffman and Hochschild, using examples from stage-rehearsals. This reveals how stage actors switch between these modes and employ various manifestations, rather than using either of them exclusively. The findings are thought to have conceptual implications beyond the particular case of stage acting. One tentative conclusion is that the difference between an actor rehearsing an emotion-laden situation and experiencing a similar situation in real life lies in how the situation is confronted and handled rather than in the actual emotions.
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| 21. |
- Bergman Blix, Stina, 1971-, et al.
(författare)
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The Emotional Interaction of Judicial Objectivity
- 2019
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Ingår i: Oñati Socio-Legal Series. - : Onati International Institute for the Sociology of Law. - 2079-5971. ; 9:5, s. 726-746
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Tidskriftsartikel (refereegranskat)abstract
- Like other Western legal systems, the Swedish legal system constructs objectivity as an unemotional state of being. We argue that the enactment of objectivity in situ relies on objectivity work including emotion management and empathy. Building on qualitative interviews and observations in Swedish district courts, we analyse courtroom interaction through a dramaturgical lens, highlighting tacit signals and interprofessional emotional communication aimed to secure objective procedures, while sustaining the ideal of unemotional objectivity. By analytically separating objectivity from impartiality, we show that judges’ objective performances balance empathic attunement and restrained expressions to uphold an impartial presentation. Prosecutors take pride in maintaining objectivity in spite of being partial, fostering the ability to switch between engagement and disengagement depending on the strength of the case. The requirement for legal professionals to be autonomous demands skillful inter-professional emotional attuning. Thereby, collaborative professional emotion management achieves the ideal of justice as being objective.
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| 22. |
- Bergman Blix, Stina, 1971-, et al.
(författare)
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The emotional labour of gaining and maintaining access to the field
- 2015
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Ingår i: Qualitative Research. - : SAGE Publications. - 1468-7941 .- 1741-3109. ; 15:6, s. 688-704
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Tidskriftsartikel (refereegranskat)abstract
- The role of emotions in qualitative research receives increasing attention. We argue for an active rather than a reactive approach towards emotions to improve the quality of research; emotions are a vital source of information and researchers use emotions strategically. Analysing the emotion work of researchers in the process of gaining, securing and maintaining access to the Swedish judiciary, we propose that the emotion work involved is a type of emotional labour, required by the researcher in order to successfully collect data. The particular case of researching elites is highlighted. Emotional labour is analysed along three dimensions: 1. Strategic emotion work – building trust outwards and self-confidence inwards; 2. Emotional reflexivity – attentiveness to emotional signals monitoring one’s position and actions in the field; and 3. Emotion work to cope with emotive dissonance – inward-directed emotion work to deal with the potentially alienating effects of strategic emotion work.
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| 23. |
- Bergman Blix, Stina, 1971-
(författare)
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Uppmärksamma kroppar : närhet, avstånd och rörelse på och utanför scenen
- 2023
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Ingår i: Den empiriska glädjen. - Lund : Lunds universitet. - 9789172674769 - 9789172674776 ; , s. 198-208
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Bokkapitel (övrigt vetenskapligt/konstnärligt)abstract
- Det här kapitlet tar avstamp i en av dessa händelser ’från fältet’, i detta fall en teater, som hänger sig kvar många år efteråt men som inte använts eftersom den innehåller för många trådar: lite om metod, lite om etik, mycket om kroppar och om närvaro och om kön om man vill. Händelsen börjar i ett misstag som jag utnyttjar men sen får betala för och som väckte känslor både hos mig och hos den jag mötte. Jag försöker här reda ut hur olika ingångar och upplevelser av denna händelse kan ge pusselbitar till att förstå kroppar i samspel. Som etnografiskt sinnade forskare försöker vi komma nära för att se ur någon annans perspektiv. Vi blir kanske avvisade, får gå därifrån, betrakta på avstånd eller komma tillbaka in i värmen och vara med. Vi vet att vår position påverkar vad vi ser, men vi tar ofta inte med positionerna mellan kropparna på fältet i våra analyser. Jag menar inte positioner som statiska entiteter, utan som dynamiska relationer som ändrar balansen i möten och som skapar handlingsmöjligheter och begränsningar och som kan få symboliska betydelser och därmed cementera relationer.
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| 24. |
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| 25. |
- Bladini, Moa, 1979, et al.
(författare)
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The Judge Under Pressure : Fostering Objectivity by Abandoning the Myth of Dispassion
- 2022
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Ingår i: Judicial Independence Under Threat. - Oxford : Oxford University Press. - 9780197267035 ; , s. 223-240
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Bokkapitel (övrigt vetenskapligt/konstnärligt)abstract
- The independence of the judiciary is challenged in several ways. One is the populist narrative of the judges as elitist, another is artificial intelligence being introduced into judicial evaluation. The traditional ideal of positivistic objectivity underpins both these narratives, even though research has shown that emotions are a crucial part of rational decision making. By scrutinising legal decision making from a sociology of emotions perspective, the authors offer a new understanding of how emotions function in court and how they can be used to safeguard judicial independence. The chapter shows the importance of the use of empathy and emotions in court to diminish the gap between the judge and participants in the courtroom process, and argues that the universalist claim and quantifying base of AI hide the importance of the judge to understand the specificities of each individual case, including contextual and relational aspects.. In contrast, emotions and empathy can be a means to legitimate the judiciary, and hence highlight the specific human aspects of judging.
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| 26. |
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| 27. |
- Minissale, Alessandra, 1992-, et al.
(författare)
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Beyond A Reasonable Doubt : The Emotive-Cognitive Evaluation of Intent and Credibility
- 2022
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Konferensbidrag (refereegranskat)abstract
- Credibility and intent are among the most recurrent legal categories to be assessed in criminal trials. Even in civil law jurisdictions, where judges and prosecutors abide by detailed rules on how to decide, the law does not offer an answer as to how credibility and intent evaluations should be done in practice. Drawing on analysis of ethnographic data from trials and deliberations collected in Italian courts and prosecution offices, we discuss the emotive-cognitive dynamics at play in judges’ and prosecutors’ evaluation of credibility and intent, focusing on cases of murder, intimate partner violence, and rape. Using sociological concepts of epistemic emotions, emotional reflexivity, empathy, and legal encoding, we show that legal professionals use different practices to either avoid settling on feelings of certainty about credibility and intent when their evaluations are perceived as problematic or to overcome feelings of doubts about said legal categories. In this way, we contribute to the growing body of literature addressing the importance of emotional dynamics in legal decision-making, adding a novel perspective on civil law professionals.
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| 28. |
- Minissale, Alessandra, 1992-
(författare)
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Emotions in Legal Decisions : The Construction of Objective Narratives in Italian Criminal Trials
- 2023
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- Drawing on ethnographic data collected in Italian courts and prosecution offices, this dissertation offers new perspectives on legal decision-making by highlighting the importance of emotions for constructing and evaluating legal narratives. Focusing on criminal cases, it describes and dissects how judges and prosecutors use emotions in reflection and action tied to lay narratives and legal constraints. The analysis shows that legal professionals engage in different types of emotional dynamics when dealing with stories; first, they develop gut feelings, which are either endorsed or kept at distance by means of emotional reflexivity, to comply with legal ideals of objectivity and impartiality. Second, empathy emerges as a crucial tool to direct the interaction with lay people and to interpret legal prerequisites, such as credibility, and intent. Finally, the dissertation shows that lay stories lead legal professionals to become passionate and committed towards the correct application of the law, the restoration of the moral order, and the achievement of justice. In light of the empirical findings, this thesis strives to develop a theoretical understanding of legal decision-making as narrative work that includes emotional dynamics consistent with rational, objective action.
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| 29. |
- Nordquist, Cecilia, et al.
(författare)
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Emotional Community and Estrangement in the COVID-19 Pandemic : A Collaborative Autoethnographic Approach
- 2023
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Ingår i: Transcending Crisis by Attending to Care, Emotion, and Flourishing. - London : Routledge. - 9781032196862 - 9781003260332 ; , s. 119-143
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Bokkapitel (refereegranskat)abstract
- The incentive for this chapter emerged in the beginning of the pandemic when we collected data for a comparative research project in three countries whose strategies to combat the COVID-19 virus were strikingly different and often debated: Sweden, Italy, and the United States. Trying to make sense of our subjective feelings as well as the collective feelings we identified in reports and discussions in the media and personal conversations, we found that our efforts were not only therapeutic, but served as illuminating examples of authoritative and public responses that either fragmented or supported emotional communities. The three countries faced the same health hazards, but the authorities’ emotional response and the public’s collective feelings differed. Through individual autoethnographic diaries, observations of press conferences, and joint emotional reflections, we found that our own feelings and our respective countries’ responses were diverse. Employing collaborative autoethnography, and a three-tier analysis strategy, we discuss the observed responses in our respective national contexts during the first months of the COVID-19 pandemic and reflect on how public and private experiences coalesce into experiences of both a shared sense of emotional community as well as feelings of emotional estrangement.
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| 30. |
- Nordquist, Cecilia, et al.
(författare)
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Expanding emotional capital in court
- 2022
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Ingår i: Frontiers in Sociology. - : Frontiers Media S.A.. - 2297-7775. ; 7
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Tidskriftsartikel (refereegranskat)abstract
- This article develops the concept of emotional capital by exposing its operation in proceedings between legal elite professionals. We argue that (a) the micro-structural restraints of the interaction order among the participants have to be accounted for in order to understand the dynamics of emotional capital, and; (b) the emotional processes at play have to be expanded beyond feelings of care showing how emotions can be employed to reproduce status and power. Empirical examples from criminal courts in Scotland and the United States demonstrate that judges and prosecutors depend on emotional capital to steer the legal proceedings. Emotional capital is both stable in that acquired capital often can be transferred across fields and volatile in that it presupposes interactional agreement to ensure successful emotional capital employment. In contrast, the lack of such agreement may devalue emotional capital regardless of overall capital wealth. In high status bureaucratic positions, the conversion of emotional capital into symbolic capital not only affects the authority of individual actors but reproduces public trust in governmental institutions.
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| 31. |
- Persson, Max, 1990-
(författare)
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Turning Privilege Into Merit : Elite Schooling, Identity, and the Reproduction of Meritocratic Belief
- 2023
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- Previous research on meritocratic ideology and elite adolescent identity has mainly approached it from the outside, understanding meritocratic identity as a rhetorical cover to justify privilege. Through a frame analytic approach this study nurtures a phenomenological insider perspective, exploring through a one-year ethnography how adolescents at an elite high school experience, negotiate and perform identity in the tension between the school’s institutional definition of identity and their everyday life as young adults.The findings show that the students relied on a ‘meritocratic frame’ to make sense of situations in the school. First-year students framed situations as meritocratic competition, which positioned them as individual antagonists. The students were engrossed in competition, which reinforced their belief in meritocracy as unequivocal and in themselves as genuine meritocrats. Third-year students framed situations as if meritocratic competition was over—they had endured it together—engrossing them in the shared sense of being a meritocratically tested elite collective. These findings indicate how elite schools contribute to reproduce belief in meritocracy, shaping the students’ sense of who they genuinely are and what the world truly is. Furthermore, the meritocratic frame hides certain aspects of situations, so that students tacitly agree to find social class and ethnic background, ‘irrelevant’ and ‘un-noticeable.’ This inattention denied students from disadvantaged backgrounds to challenge the exclusion they experienced, and simultaneously allowed advantaged students to experience elite belonging as achieved rather than inherited. Nonetheless, the impression of meritocracy was fragile and sometimes doubted and challenged as when students evoked the ‘privilege frame,’ bringing class, ethnicity and exclusion back in.In addition to the situational condition of shared engrossment, the thesis points to two central conditions that contribute to foster and maintain belief in the meritocratic impression. On the one hand, the study shows how the students learn a local and institutionally supported definition of merit and are tacitly trained in the meritocratic game, acquiring the skill to turn social background, popularity and self-confidence into legitimate merit. On the other hand, the study points out the relation between situational framing and structurally determined socialization patterns, indicating that the class and ethnically privileged students have learned the meritocratic frame from experiences in families and previous schooling, while students from dominated backgrounds tend to have been socialized into applying the privilege frame, being more prone to see through the meritocratic impression by drawing attention to how social background structures inclusion and exclusion.
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| 32. |
- Roach Anleu, Sharyn, et al.
(författare)
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Researching Emotion in Courts and the Judiciary : A Tale of Two Projects
- 2015
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Ingår i: Emotion Review. - : SAGE Publications. - 1754-0739 .- 1754-0747. ; 7:2, s. 145-150
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Tidskriftsartikel (refereegranskat)abstract
- The dominant image of judicial authority is emotional detachment; however, judicial work involves emotion. This presents a challenge for researchers to investigate emotions where they are disavowed. Two projects, one in Australia and another in Sweden, use multiple sociological research methods to study judicial experience, expression, and management of emotion. In both projects, observational research examines judicial officers' display of emotion in court, while interviews investigate judicial emotional experiences. Surveys in Australia identify emotions judicial officers generally find important in their work; in Sweden, shadowing allows researchers to investigate individual judicial emotion experiences and expression. Evaluating the different methods used demonstrates the limitations and effectiveness of particular research designs, the value of multiple methods and the challenges for researching emotion.
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| 33. |
- Roch-Anleu, Sharyn. R., et al.
(författare)
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Observing Judicial Work and Emotion: Using Two Researchers
- 2016
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Ingår i: Qualitative Research. - : SAGE Publications. - 1468-7941 .- 1741-3109. ; 16:4, s. 375-391
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Tidskriftsartikel (refereegranskat)abstract
- Observation is an important component of research to examine complex social settings and is well-established for studying courtroom dynamics and judicial behaviour. However, the many activities occurring at once and the multiple participants, lay and professional, make it impossible for a sole researcher to observe and understand everything occurring in the courtroom. This article reports on the use of two researchers to undertake court observations, in two different studies, each nested in a different research design. The social nature of data collection and the value of dialogue between the two researchers in interpreting observed events, especially when studying emotion, are readily apparent in both studies.
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| 34. |
- Wettergren, Åsa, 1969, et al.
(författare)
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Comparing Culturally Embedded Frames of Judicial Dispassion
- 2021
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Ingår i: Research Handbook on Law and Emotions. - Northampton, MA : Edward Elgar Publishing. - 9781788119078 - 9781788119085 ; , s. 147-164
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Bokkapitel (refereegranskat)abstract
- The aim of this chapter is to outline a theoretical framework for the comparative study of emotions in Western legal systems of different countries. Our focus is on the legal actors, and our primary interest is how internal legal culture – conceptualized as ‘the emotive-cognitive judicial frame’ – is embedded in a broader context of a socio-culturally specific emotional regime. The emotive-cognitive judicial frame combines national emotion norms with universal professional emotion norms, deriving from the Western regime of judicial dispassion. The chapter first reviews the relation between rationality and emotion and its implications for the legal system; thereafter presents the mainly historical research into the socio-cultural variations of emotional regimes; continues to suggest a basic theoretical toolkit applicable in the comparative study of emotive-cognitive judicial frames in different national emotional regimes; and some concrete methods and an agenda for future research.
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| 35. |
- Wettergren, Åsa, 1969, et al.
(författare)
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Empathy and objectivity in the legal procedure: the case of Swedish prosecutors
- 2016
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Ingår i: Journal of Scandinavian Studies in Criminology and Crime Prevention. - : Informa UK Limited. - 1404-3858 .- 1651-2340. ; 17:1, s. 19-35
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Tidskriftsartikel (refereegranskat)abstract
- The Scandinavian Research Council for Criminology.The role of empathy, the capacity to read someone else’s emotions, in the legal context has previously been studied in relation to primarily judges’ decision-making, often with a concern for objectivity. Our purpose is to study professional emotion management in the legal process through an analysis of Swedish prosecutors’ use of empathy. An ethnographic data collection took place between 2012 and 2015, including shadowing, observations and interviews with 36 prosecutors from 3 prosecution offices. The analysis shows that during the investigation, empathy helps identify the prerequisites of a crime and deciding if and how to prosecute. When preparing for trial, empathy is used to anticipate the situation in court. During the trial, the empathic process includes management of the emotions of others in order to stage credible testimonies, convince the judge and calm victims. The empathic process is oriented and restricted by the emotive–cognitive judicial frame through which prosecutors are rewarded by emotions of comfort and pride in demonstrating expertise of legal coding. We conclude that empathy is integral to prosecutors’ professional performance, including the requirement to be objective. The study points to the problems with silencing emotions and maintaining a positivist notion of objectivity in the legal system.
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| 36. |
- Wettergren, Åsa, et al.
(författare)
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Power, status, and emotion management in professional court work : The case of judges and prosecutors
- 2015
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Rapport (övrigt vetenskapligt/konstnärligt)abstract
- We examine key characteristics of the work tasks of judges and prosecutors from a power and status perspective, discerning how emotions tie into this perspective. Analysis of court observations, interviews and shadowing of judges and prosecutors at four Swedish district courts and prosecution offices shows that power and status operate differently for the respective professions, resulting in distinct emotions and emotion management strategies. For analytical purposes we adopt a split power concept: power over and power to. The judges’ rather distinct power over requires a certain status in order to be comfortably executed, counteracting guilt and shame in relation to lay people. The prosecutors’ work is characterised by dependent power relations and the enactment of status both to the police and to judges for their power to perform their work. We suggest that this gives rise to different emotional profiles for the two professional roles. The article highlights the malleable and relativistic dimensions of power and status, and above all their inherent emotional qualities.
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| 37. |
- Wettergren, Åsa, 1969, et al.
(författare)
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Prosecutors’ habituation of emotion management in Swedish courts
- 2022
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Ingår i: Law and Social Inquiry. - : Cambridge University Press. - 0897-6546 .- 1747-4469. ; 47:3, s. 971-995
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Tidskriftsartikel (refereegranskat)abstract
- The article examines the professional emotion management underlying prosecutors’ work in court. Building on interviews and observations of 41 prosecutors at five offices in Sweden, and drawing on sociological theories of emotion habituation, we analyze the emotion management necessary to perform frontstage (in court) professionalism as a prosecutor. We divide our analysis into three key dimensions of habituation: the feeling rules of confidence and mastering anxiety associated with an independent performance; the feeling rules of emotional distance and a balanced display associated with performing the objective party; and the playful and strategic improvisation of feeling rules associated with relaxed emotional presence. The routinization of feeling rules and the gradual backgrounding of related emotion management leads to habituation. Our findings enhance understanding of emotion management skills as part of tacit knowledge conveyed in the legal professions where emotion-talk and emotional reflexivity are little acknowledged. The article also contributes to the largely US dominated previous research by adding a civil law perspective on prosecutorial emotion management.
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