Where to Put Emotions?—Reflection on the Relationship Between the Adjudication and the Judge's Emotions
In the face of the puzzling question of whether the adjudication should be dispassionate or de-emotional,this article starts from the understanding of emotions from modem cognitive science perspective,and points out that although emotions are biased,they are both beneficial and necessary for adjudication.Emotions generated based on the case issues do not violate the judicial neutrality principle,on the contrary,they make fair adjudication possible.However,emotions toward people and not matters generated before and during the trial is indeed a violation of judicial neutrality and should be abandoned.As for the emo-tions in response to the typed facts related to this case before trial,although strictly speaking,they do not conform to the princi-ple of neutrality,they cannot be eliminated and can only be overcome with the help of empathy.
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