Emotional Labour Among Legal Professionals: Insights from the Slovenian Criminal Justice System

• In Event: Procedural and Courtroom Dynamics and the Sentencing Process 1

Abstract

This paper examines the phenomenon of emotional labour among legal professionals in the Slovenian criminal justice system. Emotional labour, a sociological concept introduced in the 1980s, refers to how individuals manage and express their emotions to align with the goals of the organisation they work for. Initially developed to examine the private sector’s exploitation of human emotions to maximize efficiency and profit, the concept has since been applied to professional occupations and the public sector.

Despite its significance, emotional labour in criminal justice remains underexplored, with most empirical studies emerging from common law systems. This study, based on thirty in-depth qualitative interviews with Slovenian judges, prosecutors, and defence attorneys, provides insight into the scope and nature of emotional labour in this field. It identifies key drivers behind this work, including the pursuit and idealization of rationality and impartiality in law, strict behavioural norms dictated by ethical codes, and the expectation of maintaining a professional and detached demeanour.

Emotional labour is particularly problematic due to its gendered nature; it is predominantly performed by women, as societal and professional expectations associate emotional management with femininity, rendering it socially undervalued. Furthermore, research has shown that it can have negative social and psychological effects on those who perform it, which is particularly concerning in criminal justice, where employees interact with potentially dangerous individuals in high-risk situations. While rooted in the Slovenian context, this study offers a broader perspective on emotional labour in criminal justice, underscoring the need to rethink workplace culture to foster resilience and sustainability in the legal profession.

Author

• Lovrena Jeromelj, Research assistant at Institute of criminolgy at faculty of Law in Ljubljana