In the history of modern legal thought, the activity of judicial decision-making is divided between two poles: rational and voluntary. Traditionally, emotions as irrational forces that direct our actions by their own accord play the role of a disorder in both respects.
Modern legal theory accepts compromise and understands judicial decisions as acts of the will formed by reason. In recent decades, modern psychological sciences have developed theories that understand emotions as intelligent thoughts based on human value systems, which help us survive and achieve well-being by exposing the goals of actions and subjectively justifying individual conclusions. As such, emotions can be an important instrument for a judge on the path to fair and just decisions.
If we accept the thesis that judicial decisions are acts of the will, the question of the content of the will and its connection with emotions arises. Both emotions and the will inherently related to them are essential to the actions of judges inside and outside courtrooms.
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