Integrating Rationality and Emotion in Legal Institutions

In the Law and Emotion field, the integration of reason and emotion finds support in empirical research. Legal practice, however, still maintains that ‘rational, objective’ law is devoid of emotion. This raises the question of how to incorporate the divide itself in a theoretical understanding of the role of emotions in legal practice. The legal system is congenial with other modern bureaucratic institutions, so this question is relevant for understanding state institutions generally. We thus 1. review the field of Law and Emotion, and 2. propose some general theoretical approaches for the study of emotions and institutions. Among these: a) the concept of emotive-cognitive primary frame; b) narrative theory; c) social interactionism. In conclusion, we suggest some pathways for future research on emotions and rationality in bureaucratic institutions.