Judge’s Emotions in the Context of Law and Emotion Studies

Kararmaz F.

Annales de la Faculté de Droit d Istanbul, sa.79, ss.236-267, 2026 (Hakemli Dergi)

Özet

This study examines the role and impact of emotions in judicial processes and challenges the traditional reason-emotion dichotomy in modern legal systems. While judges are expected to suppress or ignore their emotions, this approach may have negative consequences both individually and professionally. It is emphasized that emotions are already present in judicial processes and can influence reasoning both positively and negatively. However, the article does not argue that judges should decide according to their feelings. Rather, it argues that emotions such as empathy, anger, fear, suffering, remorse, humiliation, vulnerability, and trust may become legally relevant in certain contexts and must be managed within professional boundaries. The study draws on law and emotion studies, psychology, neuroscience, Turkish legislation, selected case law and socio-legal research and judicial training materials to show that emotions are closely linked to cognitive processes and that judges are often required to perform emotional work without a sufficiently explicit professional vocabulary or systematic training framework. As a result, it is argued that judges need systematic training and support mechanisms to enhance their emotional awareness and regulation skills. This approach is important for a more just, reflective, and humane judicial practice that acknowledges the complexity of human judgment.