The Politics of Law and Emotion: Addressing Overlooked Emotions in Legal Fields

Kate Sandford, Postgraduate Researcher, University of Liverpool

Keywords: Emotion, Theory, Socio-Legal Studies, Health

Law and Emotion research has expanded into socio-legal theory, philosophy, psychology and history, generating critical evaluative discussions on the relationship between certain emotions and the legal fields in which they are present. One criticism of this field has been that often it is the emotions that are more apparent or “visible” in law, such as anger in criminal trials, that receive the most attention.

With that in mind, in October 2024, I, along with my supervisors, Marie Fox and Danielle Griffiths, applied to the SLSA Annual Seminar Competition to host an event at the University of Liverpool’s School of Law and Social Justice that centred on the relationship between Law and Emotions.

The central focus of this workshop, which was held in September 2025, was to highlight neglected emotions in Law and Emotion theory. The event welcomed a range of presentations in different areas of law and their relationship with emotions. The event featured scholars at various career stages, allowing space for postgraduate researchers to discuss their PhD research through a Law and Emotion lens and also those established in their academic career to present their contributions to the field. The event was very well-received by the postgraduate researchers, early career researchers and academics who participated.

The Politics of Law and Emotion Workshop

The Politics of Law and Emotion: Addressing Overlooked Emotions in Legal Fields was a day-long workshop. The event comprised a range of interdisciplinary presentations and talks that centred on emotions that are under-analysed in Law and Emotion theory and research. While most participants attended in person, some speakers presented online from international locations.

I opened the event with a welcome to the University of Liverpool’s School of Law and Social Justice and an opening talk on the aims of the workshop. I chaired the event, opening and concluding the workshop and presiding over Q&A sessions with the audience after each presenter’s contribution.

The funding provided by the SLSA enabled us to provide a fully catered lunch for all attendees that was inclusive of all dietary requirements and provide bursaries for postgraduate researchers to attend the event, covering their registration and travel costs. It also enabled University of Liverpool staff and students to attend the event free of charge. We also thank the Marketing and Events Team at the University of Liverpool for their support.

Starting strong

The first presentation was a talk from historian Julie-Marie Strange (Durham University) which focussed on a Victorian divorce court case that expanded the definition of cruelty to include mental and emotional abuse alongside physical acts. Julie-Marie’s talk provided a fascinating analysis of the role that emotions play in legal reform and the limits of implementing emotion into law.

This was followed by a presentation by philosopher Paddy McQueen (Swansea University) on the politicisation of regret in abortion rights. Paddy provided an insightful discussion on how regret is perceived in abortion access, its influence in decision-making and reproductive rights and the need to provide counter-narratives to the “awfulisation” of abortion.

The last talk before the break was a presentation by Jill Marshall (Royal Holloway University of London) on George Perec’s Species of Spaces. Jill’s talk, based on the book she is currently writing, provided a refreshing outlook on everyday objects and spaces, citing examples from Perec’s work, encouraging attendees to think about how spaces and objects are intertwined with one’s emotions through everyday existence.

Further contributions

Upon returning from lunch, Senthorun Raj (Manchester Metropolitan University) provided a thought-provoking discussion on emotions within human rights law. Specifically, he addressed how emotions can be used in various legal fields to foster a better understanding of teaching, research and practice of human rights law. Senthorun’s talk reflected his recent publication, Queer Judgements.

Following this, Gracie Heayns (University of Liverpool) gave an engaging presentation on whether emotion could be used in the debate surrounding assisted dying. Specifically, Gracie’s presentation focussed on the emotions of the patient and the healthcare professional and how emotions could be utilised in a feminist ethics of care approach to the contentious conversation on assisted dying in England and Wales.

Heather Conway (Queen’s University Belfast) concluded our early afternoon session with a captivating talk on the role of emotions in property law. Heather’s presentation centred on property disputes and how emotion plays a significant, though overlooked, role within inheritance disputes and ‘neighbour’ disputes. She examined the impact of implementing solely legal remedies, which can result in a lack of resolution.

After a refreshment break, Gillian Calder (University of Victoria) discussed the role of emotions in legal education. Gillian provided an important perspective on law and emotion research and its role in legal decision making, concluding that decision-making is enriched by emotions and they must be recognised and utilised within legal education.

Keynote address

The event concluded with a keynote presentation from Emeritus Centennial Distinguished Professor of Law Susan Bandes (De Paul University College of Law). We are incredibly grateful to have hosted Susan as our keynote speaker for this event, as she is internationally recognised as a pioneer in the field of Law and Emotion.

Susan’s talk illuminated a fascinating topic: the role of empathy in legal decision-making. Susan addressed methods of identifying what she termed as “problematic empathy”, providing real world scenarios to illustrate this phenomenon.

Further Research

The event was intended to illuminate new fields of Law and Emotion theory and to suggest new directions for legal research. This field is incredibly broad and has endless interdisciplinary approaches that have yet to be discovered. Our workshop illuminated only a few spaces in the field that are overlooked and under- analysed; there are many more that warrant further interrogation.

We thank all speakers for their invaluable contributions to the event and everyone who attended. We hope that attendees have been encouraged to perceive their own research through a Law and Emotion lens, thereby prompting future contributions to Law and Emotion theory and research that will be shared in a collaborative setting.

I am grateful to have had the opportunity to chair this event; the insights gained from listening to speakers and attendees provided me with fresh understandings and approaches towards my own use of Law and Emotion when analysing the role of regret in surgical sterilisation access in England and Wales. I am looking forward to continuing my own contribution towards Law and Emotion conversations at future conferences, including in the Law and Emotion Collaborative Research Network at the Law Society Association Annual Meeting this year.