header-logo header-logo

Emotions at work (Pt 3)

08 July 2016 / Dermot Feenan
Issue: 7706 / Categories: Features , Profession
printer mail-detail

In his final article, Dermot Feenan explores the place of compassion in legal practice

Compassion is often seen as an emotion, incompatible with law’s reason and objectivity; certainly in adjudication. It is also sometimes seen as irrelevant to practice. Yet, an increasing body of scholarship contends that emotion and reason are not necessarily incompatible. Cognition and emotion are often interlinked. Emotional intelligence has been regarded as an essential aspect of professionalism. Concepts which are sometimes treated as emotions—such as empathy—have been shown to involve deliberative thought, and can stand alongside other reasoned bases for decision-making.

Some judges argue for a role for compassion in judging. And, greater attention is being paid in practice to avoiding causing further suffering—for instance, in cross-examination of vulnerable witnesses.

However, compassion is bedevilled with definitional dispute. Is it an emotion, attribute or principle? To what and whom should it apply, and how? Can it be incorporated into education and training?

Reasoned compassion

Compassion is sometimes defined as the wish or action to alleviate the suffering of another.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
back-to-top-scroll