نوع مقاله : مقاله پژوهشی
نویسنده
حقوق عمومی، حقوق، شهید بهشتی، تهران، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
Emotion inevitably enters the legal decision-making process, whether legal actors are aware of it or not. Law, a priori, cannot be inherently for or against emotions; rather, the appropriate response to emotion depends on the context and purpose of the legal system. Judges, however, may err in their use of emotions. Correcting such errors requires identifying how emotions influence the legal process. Through a library-based study and a normative legal approach centered on legal actors, this paper seeks to shed light on several of these instances.
Emotion in judicial proceedings can serve as a tool for judges, guiding their minds toward the significance of concepts like justice and humanity, expanding abstract legal principles such as human dignity and equity, and placing them in suitable positions to address rights violations. Laws themselves are imbued with emotion, and it is unrealistic to expect judges to act as emotionless machines devoid of human feeling. Furthermore, laws can generate emotions. Encouraging judges to engage emotions in the interpretation of rights provides a corrective mechanism against excessive legal formalism and allows them to manage emotions through their decisions. Thus, the role of judges, rather than suppressing emotions, can be to cultivate appropriate emotions through judicial decisions.
کلیدواژهها [English]
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