Emotions and Adjudication

Miha Hafner, Emotion and Criminal Law

This lecture deals with the relevance of emotion in the criminal law decision-making. It reviews how (moral) emotions are integrated into the general decision-making process and how they may influence legal reasoning. The lecture also touches upon the problems of research on the role of emotions in legal decision-making. Finally, it also addresses the ambiguous role of empathy therein. The second part of the lecture on emotion in criminal law discusses emotions as normative elements of criminal law norms. It illuminates how emotions represent prominent elements of many substantive and procedural criminal law rules and their underpinnings. In conclusion, also the socio-legal perspective on emotions in criminal justice is presented.

Lecture Part 1

Part 2

Quiz 1


Emotions and Criminal Law (1)

1 / 3

Employing empathy in judging…

2 / 3

Which of the following assertions is most accurate?

3 / 3

It is typical for moral emotions that they…

Quiz 2


Emotions and Criminal Law (2)

1 / 3

Emotion management in court…

2 / 3

Which pair of the following criminal law elements does not have any direct connection to emotion?

3 / 3

Which claim best describes the role of emotions in substantive criminal law norms?