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99 Calif. L. Rev. 1485 (2011)
Emotional Regulation and Judicial Behavior

handle is hein.journals/calr99 and id is 1497 raw text is: Emotional Regulation and Judicial Behavior Terry A. Maroney* Judges are human and experience emotion when hearing cases, though the standard account of judging long has denied that fact. In the post-realist era it is possible to acknowledge that judges have emotional reactions to their work, yet our legal culture continues to insist that a good judge firmly puts those reactions aside. Thus, we expect judges to regulate their emotions, either by preventing emo- tion's emergence or by walling off its influence. But judges are given precisely no direction as to how to engage in emotional regulation. This Article proposes a model for judicial emotion regulation that goes beyond a blanket admonition to put emotion aside. While legal discourse on judicial emotion has been stunted, scientific study of the processes of emotion regulation has been robust. By bringing these literatures together for the first time, the Article reveals that our legal culture does nothing to promote intelligent judicial emotion regulation and much to discourage it. An engagement model for managing judicial emotion promises to reverse this maladaptive pattern. It provides concrete tools with which judges may prepare realistically for emotional situations they necessarily will encounter, respond thoughtfully to emotions they cannot help but feel, and integrate lessons from such emotions into their behavior. Importantly, the medical community has begun to pursue just such a program to promote competent emotion regulation by doctors. Copyright © 2011 California Law Review, Inc. California Law Review, Inc. (CLR) is a California nonprofit corporation. CLR and the authors are solely responsible for the content of their publications. * Associate Professor, Vanderbilt University Law School. Thanks to Carina Biggs, Lisa Schultz Bressman, Bieke David, Phoebe Ellsworth, Hon. Richard Erlich, Barry Friedman, James Gross, Chris Guthrie, Arlie Hochschild, Hon. Alex Kozinski, Ken Levy, Kathy Mack, Alistair Newbern, Bunmi Olatunji, Hon. Richard A. Posner, Kevin Stack, Christine Sun, the editors of the California Law Review, members of the International Society for Research on Emotion, and participants in workshops at the Louisiana State University Law Center and the annual meeting of the Association of American Law Schools. For able research assistance I thank Caroline Cecot, Meredith Heister, Michael Jackson, Stephen Jordan, James Kelly, Stephen Josey, and Chris Weber. 1485

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