Abstract
This chapter analyses humour from an emotion sociological perspective, linking humour to power, status, and group solidarity. It draws from about 300 observed trials and interviews with 43 judges and 41 prosecutors from four Swedish district courts. Humour is sometimes skilfully used as a strategy to ease tension, relieve boredom or to reprimand. It is initiated/allowed by the judge, but high-status lawyers or prosecutors may take the initiative. Judges may use humour to uphold an effective and smooth procedure, attenuating their own power. It is generally unacceptable to laugh at the expense of lay- (low-power) people present in court. Inter-professional humour takes place in intermissions during the hearings, while trials running over several days may include the defendants in the semi-backstage inter-professional joking. Most in-court humorous incidents are unintended, where laughter is suppressed or released depending on the judge. Humour has different functions and expressions frontstage (in court) and backstage (office, lunch room). Observation of both arenas reveal its shame-management function in inter-professional relations. While the judges’ backstage area teems with jokes about embarrassing procedural mistakes, prosecutors’ backstage humour more often deals with the foulness and tragedy of criminals and crimes.
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Notes
- 1.
Throughout this chapter, we use actor as a sociological concept denoting the (professional) participants in court.
- 2.
The translation mirrors the original in metre and rhyme. Agneta is the defendant in the case.
- 3.
- 4.
In this chapter, we operate with an heuristic notion of humour as explicated in the methods section. Our distinction between benevolent and malicious humour is based on the emotions that the humorous intervention evokes in the subject of the humour. Malicious humour may evoke shame, humiliation and resentment in the subject—and schadenfreude in the joker; while benevolent humour implicates sharing the pleasure of fun with the subject. It can be compared to the everyday distinction between “laughing with” and “laughing at” someone, a distinction frequently alluded to in our data. All the humorous interventions analysed in this chapter pertain to the category benevolent. Thus when we use the term “humour” in the analysis we mean “benevolent humour”.
- 5.
In Sweden, court clerk is a two-year career position and a first step for both prospective prosecutors and judges. More experienced clerks preside in petty crime trials.
- 6.
In contrast, Malphur’s (2010) study of oral arguments before the US Supreme Court demonstrates that laughter (at least in this context) is very common, occurring in 72 per cent of the cases analysed.
- 7.
In a quantitative semantic analysis of all separately observed hearings, at least one of the words funny, fun, humour, joke, or laughter appeared in 80 of 261 hearings in our data.
- 8.
The Tintin comic strips and books were created by Belgian artist Georges Prosper Remi (1907–1983, using the pseudonym, Hergé).
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Bergman Blix, S., Wettergren, Å. (2018). Humour in the Swedish Court: Managing Emotions, Status and Power. In: Milner Davis, J., Roach Anleu, S. (eds) Judges, Judging and Humour. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-319-76738-3_6
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