Il lato nascosto della giustizia: emozioni e decisioni

Abstract

This article challenges the dominant view of legal decision-making as purely rational by examining the role of emotional dynamics in judicial and prosecutorial practice. Drawing on ethnographic data from Italian criminal trials, the article shows that judges and prosecutors engage in emotional reflexivity and regulate empathy when taking decisions. Emotions such as interest in impartiality and objectivity, doubt, and professional pride are shown to inform, rather than distort, legal reasoning. The study argues that emotional reflexivity and empathy constitute hidden but essential components of legal decision-making, suggesting a more integrated understanding of it that encompasses both cognitive and emotional dimensions.