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Women Judging And The Judiciary

Author: Erika Rackley
Publisher: Routledge
ISBN: 0415548616
Size: 54.94 MB
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Awarded the 2013 Birks Book Prize by the Society of Legal Scholars, Women, Judging and the Judiciary expertly examines debates about gender representation in the judiciary and the importance of judicial diversity. It offers a fresh look at the role of the (woman) judge and the process of judging and provides a new analysis of the assumptions which underpin and constrain debates about why we might want a more diverse judiciary, and how we might get one. Through a theoretical engagement with the concepts of diversity and difference in adjudication, Women, Judging and the Judiciary contends that prevailing images of the judge are enmeshed in notions of sameness and uniformity: images which are so familiar that their grip on our understandings of the judicial role are routinely overlooked. Failing to confront these instinctive images of the judge and of judging, however, comes at a price. They exclude those who do not fit this mould, setting them up as challengers to the judicial norm. Such has been the fate of the woman judge. But while this goes some way to explaining why, despite repeated efforts, our attempts to secure greater diversity in our judiciary have fallen short, it also points a way forward. For, by getting a clearer sense of what our judges really do and how they do it, we can see that women judges and judicial diversity more broadly do not threaten but rather enrich the judiciary and judicial decision-making. As such, the standard opponent to measures to increase judicial diversity – the necessity of appointment on merit – is in fact its greatest ally: a judiciary is stronger and the justice it dispenses better the greater the diversity of its members, so if we want the best judiciary we can get, we should want one which is fully diverse. Women, Judging and the Judiciary will be of interest to legal academics, lawyers and policy makers working in the fields of judicial diversity, gender and adjudication and, more broadly, to anyone interested in who our judges are and what they do.

Gender And Justice

Author: Sally Jane Kenney
Publisher: Routledge
ISBN: 0415881439
Size: 65.35 MB
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Intended for use in courses on law and society, as well as courses in women's and gender studies, women and politics, and women and the law, this book explores different questions in different North American and European geographical jurisdictions and courts, demonstrating the value of a gender analysis of courts, judges, law, institutions, organizations, and, ultimately, politics. Gender and Justice argues empirically for both more women and more feminists on the bench, while demonstrating that achieving these two aims are independent projects.

Gender And Judging

Author: Ulrike Schultz
Publisher: A&C Black
ISBN: 1782251111
Size: 46.65 MB
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Does gender make a difference to the way the judiciary works and should work? Or is gender-blindness a built-in prerequisite of judicial objectivity? If gender does make a difference, how might this be defined? These are the key questions posed in this collection of essays, by some 30 authors from the following countries; Argentina, Cambodia, Canada, England, France, Germany, India, Israel, Italy, Ivory Coast, Japan, Kenya, the Netherlands, the Philippines, South Africa, Switzerland, Syria and the United States. The contributions draw on various theoretical approaches, including gender, feminist and sociological theories. The book's pressing topicality is underlined by the fact that well into the modern era male opposition to women's admission to, and progress within, the judicial profession has been largely based on the argument that their very gender programmes women to show empathy, partiality and gendered prejudice - in short essential qualities running directly counter to the need for judicial objectivity. It took until the last century for women to begin to break down such seemingly insurmountable barriers. And even now, there are a number of countries where even this first step is still waiting to happen. In all of them, there remains a more or less pronounced glass ceiling to women's judicial careers.

Debating Judicial Appointments In An Age Of Diversity

Author: Graham Gee
Publisher: Routledge
ISBN: 1315400049
Size: 24.88 MB
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What should be the primary goals of a judicial appointments system, and how much weight should be placed on diversity in particular? Why is achieving a diverse judiciary across the UK taking so long? Is it time for positive action? What role should the current judiciary play in the appointment of our future judges? There is broad agreement within the UK and other common law countries that diversity raises important questions for a legal system and its officials, but much less agreement about the full implications of recognising diversity as an important goal of the judicial appointments regime. Opinions differ, for example, on the methods, forms, timing and motivations for judicial diversity. To mark the tenth anniversary of the creation of the Judicial Appointments Commission (JAC) in England and Wales, this collection includes contributions from current and retired judges, civil servants, practitioners, current and former commissioners on the JAC and leading academics from Australia, Canada, South Africa and across the UK. Together they provide timely and authoritative insights into past, current and future debates on the search for diversity in judicial appointments. Topics discussed include the role and responsibility of independent appointment bodies; assessments of the JAC’s first ten years; appointments to the UK Supreme Court; the pace of change; definitions of ‘merit’ and ‘diversity’; mandatory retirement ages; the use of ceiling quotas; and the appropriate role of judges and politicians in the appointments process.

Feminist Judgments

Author: Rosemary Hunter
Publisher: Bloomsbury Publishing
ISBN: 1847317278
Size: 52.63 MB
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While feminist legal scholarship has thrived within universities and in some sectors of legal practice, it has yet to have much impact within the judiciary or on judicial thinking. Thus, while feminist legal scholarship has generated comprehensive critiques of existing legal doctrine, there has been little opportunity to test or apply feminist knowledge in practice, in decisions in individual cases. In this book, a group of feminist legal scholars put theory into practice in judgment form, by writing the 'missing' feminist judgments in key cases. The cases chosen are significant decisions in English law across a broad range of substantive areas. The cases originate from a variety of levels but are primarily opinions of the Court of Appeal or the House of Lords. In some instances they are written in a fictitious appeal, but in others they are written as an additional concurring or dissenting judgment in the original case, providing a powerful illustration of the way in which the case could have been decided differently, even at the time it was heard. Each case is accompanied by a commentary which renders the judgment accessible to a non-specialist audience. The commentary explains the original decision, its background and doctrinal significance, the issues it raises, and how the feminist judgment deals with them differently. The books also includes chapters examining the theoretical and conceptual issues raised by the process and practice of feminist judging, and by the judgments themselves, including the possibility of divergent feminist approaches to legal decision-making. From the foreword by Lady Hale 'Reading this book ought to be a chastening experience for any judge who believes himself or herself to be both true to their judicial oath and a neutral observer of the world? If lawyers and judges like me have so much to learn from reading this book, then surely other, more sceptical, lawyers and judges have even more to learn?other scholars, and not only feminists, must also be fascinated by the window it opens onto the process of judicial reasoning: not the straightforward, predetermined march from A to B of popular belief, but something altogether more complicated and uncertain. And anyone will find it a very good read.'

Diversity Matters

Author: Susan B. Haire
Publisher: University of Virginia Press
ISBN: 0813937191
Size: 51.80 MB
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Until President Jimmy Carter launched an effort to diversify the lower federal courts, the U.S. courts of appeals had been composed almost entirely of white males. But by 2008, over a quarter of sitting judges were women and 15 percent were African American or Hispanic. Underlying the argument made by administration officials for a diverse federal judiciary has been the expectation that the presence of women and minorities will ensure that the policy of the courts will reflect the experiences of a diverse population. Yet until now, scholarly studies have offered only limited support for the expectation that judges’ race, ethnicity, or gender impacts their decision making on the bench. In Diversity Matters, Susan B. Haire and Laura P. Moyer employ innovative new methods of analysis to offer a fresh examination of the effects of diversity on the many facets of decision making in the federal appellate courts. Drawing on oral histories and data on appellate decisions through 2008, the authors’ analyses demonstrate that diversity on the bench affects not only individual judges’ choices but also the overall character and quality of judicial deliberation and decisions. Looking forward, the authors anticipate the ways in which these process effects will become more pronounced as a result of the highly diverse Obama appointment cohort.

The Coaching Relationship

Author: Stephen Palmer
Publisher: Routledge
ISBN: 1135165351
Size: 19.84 MB
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The Coaching Relationship discusses how we can integrate process perspectives such as the quality of the coach-coachee relationship, and professional perspectives including the influences of training and supervision, for more effective outcomes. Stephen Palmer and Almuth McDowall bring together experts from the field of coaching to discuss different aspects of the coach-coachee relationship, topics covered include: the interpersonal perspective the role of assessment ethical issues cultural influences issues of power. The book also includes a chapter on the interpersonal relationship in the training and supervision of coaches to provide a complete overview of how the coaching relationship can contribute to successful coaching Illustrated throughout with case studies and client dialogue, The Coaching Relationship is essential reading for practicing coaches and coaching psychologists wishing to learn more about the interpersonal aspects of coaching.

Ontology Revisited

Author: Ruth Groff
Publisher: Routledge
ISBN: 0415574110
Size: 35.65 MB
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Groff's argument runs counter to the familiar anti-metaphysical habit. Social and political philosophy, she maintains, is not as metaphysically neutral as it may seem. Even the most deontological of theories connects up with an attendant set of philosophical commitments regarding what kinds of things exist, as a fundamental ontological matter, and what they are like. These are topics of interest not just to social and political philosophers, but to social scientists and to philosophers of social science as well. "Ruth Groff has broken new ground in demonstrating the connection between social and political thought and the ontology of causal powers. Her account of the structure of Humean thinking about agency is excellent. Especially significant is the role that she assigns to Kantianism in the analysis that she develops. She moves effortlessly between contemporary metaphysics, political theory, critical social theory, and the history of modern philosophy, offering trenchant insights along the way into the work of thinkers ranging from Hume himself to Mill, Adorno, and Martha Nussbaum, and into debates over agent causation and emergence. There is even a discussion, in the final chapter, of Spinoza. This is big-picture philosophy at its best: rigorous and exacting at the level of detail; original, compelling and systematic in the whole." - Stephen Mumford, Professor of Metaphysics and Dean of the Faculty of Arts, University of Nottingham

Women In The Judiciary

Author: Ulrike Schultz
Publisher: Routledge
ISBN: 1135707405
Size: 31.60 MB
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Does gender matter in judging? And if so, in what way? Why were there so few women judges only two or three decades ago, and why are there so many now in most countries of the Western world? How do women judges experience their work in a previously male-dominated environment? What are their professional careers? How do they organise and live their lives? And, finally and most notably: do women judge differently from men (or even better)? These are the questions dealt with in this collection of contributions by seven authors from six countries (UK, Australia, USA, Canada, Syria and Argentina), contrasting views from common law and civil law countries. In spite of differences in the two legal systems, as well as greater gender diversity on the bench and the overall higher income and prestige enjoyed by judges in common law countries, women judges in all these countries – Syria included – share many problems. Diverse and intriguing facets are added to a debate that started thirty years ago but continues to leave ample space for further discussion. This book was originally published as a special issue of International Journal of the Legal Profession

Australian Feminist Judgments

Author: Heather Douglas
Publisher: Bloomsbury Publishing
ISBN: 1782255419
Size: 11.30 MB
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This book brings together feminist academics and lawyers to present an impressive collection of alternative judgments in a series of Australian legal cases. By re-imagining original legal decisions through a feminist lens, the collection explores the possibilities, limits and implications of feminist approaches to legal decision-making. Each case is accompanied by a brief commentary that places it in legal and historical context and explains what the feminist rewriting does differently to the original case. The cases not only cover topics of long-standing interest to feminist scholars ? such as family law, sexual offences and discrimination law ? but also areas which have had less attention, including Indigenous sovereignty, constitutional law, immigration, taxation and environmental law. The collection contributes a distinctly Australian perspective to the growing international literature investigating the role of feminist legal theory in judicial decision-making.