Anticipating, perceiving and interpreting emotional expressions
The dichotomy that opposes law and emotion is well documented. Less so are the ways in which human feelings and sentiments impact or factor in the logic of judicial decisions. This article examines how emotions allow actors in a legal environment to align their interests and objectives and work together. At a judicial hearing, for example, lawyers and judges may rely on the emotional expressions of protagonists, and on their observed reactions of others to these displays of emotions, in their strategic and/or decision-making processes. Emotional expressions can prompt lawyers to redirect a plea or challenge the underlying narrative of a proposed remedy or decision. Displayed emotions, and the observed perceptions of them, can also be used to decipher the legal distinctions made by a judge. As well, they may serve as a tool to overcome any misunderstandings of issues and decisions resulting from the disconnect between the “legalese” used by legal professionals and the more commonly understood language and terms of reference used by lay or non-legal individuals. While recognizing that constraints imposed by distance, impartiality and the need for efficiency are embodied in the practices of legal professionals, the focus of this article is to explain how emotions, as expressed and perceived, affect the law in action.