Judicial Discourse as Feeling Rules: Obscenity Regulation and Inner Life Control, 1873-1956
Law, Culture and the Humanities
Published online on May 08, 2012
Abstract
This essay argues that U.S. judicial decisions in obscenity cases at the beginning of the twentieth century reveal a systematic social process of emotion management that supported, in ways not previously recognized, the emotional culture of the middle class and, through it, middle-class status policy. Using a grounded theory analysis on a sample of 256 U.S. federal judicial opinions between 1873 and 1956, the analysis shows how the evidentiary rules developed by judges in anti-obscenity cases at the turn of the twentieth century were actually "feeling rules" meant to penalize lust, assert social control over women via normative shame, and define normalcy as self-control over inner life.