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08 July 2016 / Dermot Feenan
Issue: 7706 / Categories: Features , Profession
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Emotions at work (Pt 3)

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. Some argue that compassion can also be extended to collective

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Gateley Legal—Jack Kelly

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NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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