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Home / Editorial

Constitutional Law

Emotional Justice

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 28-Feb-2024

Source: The Hindu

Introduction

Judges are considered to show emotional subjectivity to impartiality as the last resort towards justice. Judiciary necessitates a conscious detachment from intense emotions, particularly anger, to ensure decisions are grounded in rationality and the equitable application of the law.

How does Emotion Impact Judicial Decision-Making?

  • Anger:
    • Anger significantly impairs decision-making, posing a grave challenge in the judiciary where sound judgment forms the bedrock of the profession.
    • Judges must remain neutral and vigilant against the distorting effects of anger on their reasoning, as even silent refusal to engage can signify emotional influence.
  • Subjectivity:
    • Emotions are inherently subjective and managing them in the context of justice can be challenging, potentially leading to inconsistency in decision-making.
  • Emotional Strain:
    • Constantly striving for emotional neutrality and awareness can be emotionally taxing for judges, potentially affecting their mental well-being and job satisfaction.
  • Time and Resource Intensive:
    • Implementing emotional justice practices may require additional time, resources, and training for judges and court personnel.
  • Inherent Biases:
    • Despite efforts to mitigate emotional influences, judges may still be influenced by unconscious biases, which can undermine the goal of emotional justice.

What will be the Benefit of Emotional Neutrality?

  • Fairness:
    • By acknowledging and addressing emotional influences, emotional justice promotes fairness and impartiality in judicial decisions.
  • Improved Decision:
    • Judges who practice emotional justice may make more reasoned and rational decisions, as they are better equipped to set aside personal biases and emotional responses.
  • Public Trust:
    • When judges show emotional awareness and restraint, it enhances public trust in the judiciary and the legal system.
  • Legal Integrity:
    • Emotional justice helps uphold the integrity of the legal process by ensuring that judgments are based on evidence and legal principles rather than emotional reactions.

Cognitive Shortcuts vs. Methodical Judgment

  • Human decision-making, shaped by evolutionary instincts, often relies on cognitive shortcuts or heuristics for survival.
  • However, in the judicial realm where proof is paramount, judges must resist the temptation of ego-driven reasoning and adhere to evidentiary standards, weighing factors meticulously to dispel doubt.

What Steps are Taken by Judges in Maintaining Emotional Neutrality?

  • Judges confront significant hurdles in preserving emotional neutrality, with anger clouding mental processes and fostering hasty, punitive responses.
  • Vigilance against emotional is applied by judges which is paramount to prevent disproportionate penalties and uphold legal nuance.

Conclusion

In conclusion, the journey toward emotional wisdom in the courtroom is an indispensable endeavor, underscoring the imperative of emotional detachment, mitigation of biases, and upholding impartiality. Through the cultivation of emotional justice, judges uphold the sacred tenets of fairness and equity, ensuring that the scales of justice remain untainted and true.