ORIGINAL RESEARCH article

Front. Sociol.

Sec. Sociology of Emotion

Volume 10 - 2025 | doi: 10.3389/fsoc.2025.1435354

This article is part of the Research TopicConstructing Objectivity: Emotions in Legal Decision-makingView all 10 articles

Making legal sense: On jurors' discovery alof objectivity in Argentina's experience of lay participation in criminal trials

Provisionally accepted
  • Keele University, Keele, United Kingdom

The final, formatted version of the article will be published soon.

This article stems from a broader research programme on the recent incorporation of lay decisionmakers to the historically professional-only criminal justice systems in Argentina. It draws on ethnographic data from courthouse observations and on in-depth interviews with ordinary citizens who served as lay jurors in the mixed tribunal of the Province of Córdoba, the first one in the country to introduce lay participation. The article deploys the conceptual framework of relational legal consciousness to examine jurors' perceptions of their own role and experiences within the courthouse, vis-à-vis legal professionals and their deployment of legal knowledge. It argues that jurors' stories of the use of law, its language and formalities complicate their perception, in conventional and scholarly wisdom, as bearers of emotions and common-sensea realm opposed to the one imagined and reserved for legal professionals, the sphere of uncontaminated application of legal rules and principles. The paper contributes in this way to broader debates on the place and impact of lay decision-makers to state judicial adjudication and on the role of emotions and extralegal reasoning therein.

Keywords: lay participation, legal consciousness, jurors, Objectivity, Justice, Emotions, Argentina

Received: 20 May 2024; Accepted: 30 Apr 2025.

Copyright: © 2025 Amietta. This is an open-access article distributed under the terms of the Creative Commons Attribution License (CC BY). The use, distribution or reproduction in other forums is permitted, provided the original author(s) or licensor are credited and that the original publication in this journal is cited, in accordance with accepted academic practice. No use, distribution or reproduction is permitted which does not comply with these terms.

* Correspondence: Santiago Abel Amietta, Keele University, Keele, United Kingdom

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