From Emotional Labour to Affectual Bodies: Moving Towards an ‘Affective Ethnography’ of the Criminal Court Space

Abstract

Participation in, and attendance at, court often positions people amid a charged emotional environment, where the evidence frequently involves distressing accounts and the stakes of decision-making are high. Research has explored the impact of this environment on various court protagonists. What this research has failed to consider in detail, however, are the ways in which such vectors of emotional reaction, containment and contagion interact and flow across the criminal court space: yielding affective environments in which emotion is not a commodity held (or denied) by one person, but a force that permeates and seeps into the spaces of justice. In this article, we set out the case for why such an understanding is necessary and instructive.