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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.

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MOVERS & SHAKERS

Constantine Law—Anita Vadgama

Constantine Law—Anita Vadgama

New senior partner hire at consultant-led employment / regulatory law firm

Ward Hadaway—Emma Swann & Jill Donabie

Ward Hadaway—Emma Swann & Jill Donabie

Firm adds two partners to growing education practice

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

Trio of newly qualified solicitors strengthens Worcester office law firm

NEWS
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
The treasury has sought to reassure the legal profession over concerns about cost, bureaucracy and independence when the Financial Conduct Authority (FCA) takes over regulation of anti-money laundering compliance
One out of two barristers has come under pressure from clients to act unethically, according to the results of this year’s Barristers’ Working Lives survey
The Court of Appeal has held the Competition Appeal Tribunal (CAT) was wrong to set aside a Competition and Markets Authority (CMA) decision on unfair pricing of phenytoin, an epilepsy drug
A flagship employment law reform is due to come into effect on 1 July, extending unfair dismissal rights to employees after six months in their job instead of two years
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