Emotions are understood sociologically as experiences of involvement. Emotion regulation influences the type, incidence, and expression of emotions. Regulation occurs through physical processes prior to an emotions episode, through social interaction in which a person’s emotions are modified due to the reactions of others to them, and by a person’s self-modification or management of emotions which they are consciously aware of. This article goes on to show that there are emotions which the emoting subject is not consciously aware of. Therefore, (...) a certain class of emotions function by foregrounding external objects of attention while remaining outside the emoting subject’s consciousness. The nature and significance of such backgrounded emotions beyond explicit emotion regulation are explored through consideration of their role in theory choice in science and in trust relations. (shrink)

According to legal tradition, the ideal judge is entirely dispassionate. Affective science calls into question the legitimacy of this ideal; further, it suggests that no judge could ever meet this standard, even if it were the correct one. What judges can and should do is to learn to effectively manage—rather than eliminate—emotion. Specifically, an emotion regulation perspective suggests that judicial emotion is best managed by cognitive reappraisal and, often, disclosure; behavioral suppression should be used sparingly; and suppression of emotional experience (...) is rarely helpful. We argue that the dispassionate-judge ideal presents a barrier to achieving the flexibility necessary for adaptive judicial emotion regulation. We suggest a new ideal, that of the emotionally well-regulated judge, and propose several directions for future research to strengthen ties between law and psychology, with particular attention to the study of emotion. (shrink)

This article is about how rape survivors prepare themselves for courtroom appearances. Through it, the author attempts to take research on rape processing beyond a focus on the affective responses of rape “victims” have to the behavior of legal personnel and toward an investigation of the agency of rape survivors. The study builds on law and society research about lay litigants' efforts to use the U.S. civil court system, linguistic research about witnesses involvement in courtroom interaction, and the existing literature (...) on rape processing. It is based on face-to-face interviews with 32 survivors and 12 courtroom observations. The analysis is inductive; the presentation is ethnographic. The author explicates six types of preparation for court: appearance work, role rehearsal, emotion work, team building, role research, and case enhancement. The author discusses how survivors' perceptions of what the criminal justice process entails are reflected in the different preparation activities, and the author offers policy implications regarding the treatment of rape survivors in the criminal justice system. (shrink)