Jones, E. orcid.org/0000-0003-0172-4484 (2024) An emotionally vulnerable profession? Profession values and emotions within legal practice. Legal Ethics, 26 (2). pp. 238-257. ISSN 1460-728X
Abstract
Applying Fineman’s vulnerability theory, this paper will explore the role of emotions within the legal profession and the specific vulnerabilities that arise from their traditional and contemporary treatment within law. It will consider how the notion of professionalism in law has traditionally disregarded or excluded emotions as irrelevant or even dangerous in a manner which is philosophically and psychologically flawed as well as damaging to mental health and wellbeing. This approach has created longstanding unacknowledged vulnerabilities for the profession as a whole and individual practitioners. It will then explore how the shifting legal services landscape, and the resultant evolution of the profession, has led to a growing contemporary interest in the use of emotional competencies (often characterised as ‘soft skills’ or ‘emotional intelligence’). These are now increasingly exploited as tools to enhance profitability. However, this leads to a dichotomy as, despite their increasing utilisation, emotions are still not fully acknowledged or incorporated within law’s core professional values. This generates further individual and institutional vulnerabilities around mental health and wellbeing which require urgent attention to ensure the health of the contemporary profession. The paper concludes with suggestions for reforms to alleviate these vulnerabilities and promote greater future resilience within law.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © 2024 The Authors. Except as otherwise noted, this author-accepted version of a journal article published in Legal Ethics is made available via the University of Sheffield Research Publications and Copyright Policy under the terms of the Creative Commons Attribution 4.0 International License (CC-BY 4.0), which permits unrestricted use, distribution and reproduction in any medium, provided the original work is properly cited. To view a copy of this licence, visit http://creativecommons.org/licenses/by/4.0/ |
Keywords: | Legal profession; lawyers; emotions; values; professionalism; vulnerability; wellbeing; mental health |
Dates: |
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Institution: | The University of Sheffield |
Academic Units: | The University of Sheffield > Faculty of Social Sciences (Sheffield) > School of Law (Sheffield) |
Depositing User: | Symplectic Sheffield |
Date Deposited: | 24 Jan 2024 11:13 |
Last Modified: | 15 Nov 2024 16:37 |
Status: | Published |
Publisher: | Taylor and Francis Group |
Refereed: | Yes |
Identification Number: | 10.1080/1460728x.2024.2341345 |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:208122 |
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Filename: An emotionally vulnerable profession revised author details.pdf
Licence: CC-BY 4.0