Gender and Judging

Gender and Judging
Author: Ulrike Schultz
Publisher: Bloomsbury Publishing
Total Pages: 640
Release: 2013-07-10
Genre: Law
ISBN: 1782251103

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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.

Gender, Judging and the Courts in Africa

Gender, Judging and the Courts in Africa
Author: J. Jarpa Dawuni
Publisher: Routledge
Total Pages: 346
Release: 2021-11-29
Genre: Law
ISBN: 1000473309

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Women judges are playing increasingly prominent roles in many African judiciaries, yet there remains very little comparative research on the subject. Drawing on extensive cross-national data and theoretical and empirical analysis, this book provides a timely and broad-ranging assessment of gender and judging in African judiciaries. Employing different theoretical approaches, the book investigates how women have fared within domestic African judiciaries as both actors and litigants. It explores how women negotiate multiple hierarchies to access the judiciary, and how gender-related issues are handled in courts. The chapters in the book provide policy, theoretical and practical prescriptions to the challenges identified, and offer recommendations for the future directions of gender and judging in the post-COVID-19 era, including the role of technology, artificial intelligence, social media, and institutional transformations that can help promote women’s rights. Bringing together specific cases from Kenya, Uganda, Ghana, Nigeria, Zambia, Tanzania, and South Africa and regional bodies such as ECOWAS and the African Commission on Human and Peoples’ Rights, and covering a broad range of thematic reflections, this book will be of interest to scholars, students, and practitioners of African law, judicial politics, judicial training, and gender studies. It will also be useful to bilateral and multilateral donor institutions financing gender-sensitive judicial reform programs, particularly in Africa.

Women, Judging and the Judiciary

Women, Judging and the Judiciary
Author: Erika Rackley
Publisher: Routledge
Total Pages: 250
Release: 2013
Genre: Law
ISBN: 0415548616

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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 Judging

Gender and Judging
Author: Ulrike Schultz
Publisher: A&C Black
Total Pages: 825
Release: 2014-07-18
Genre: Law
ISBN: 1782251111

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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.

Gender and Justice

Gender and Justice
Author: Sally Jane Kenney
Publisher: Routledge
Total Pages: 330
Release: 2013
Genre: Biography & Autobiography
ISBN: 0415881439

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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 that takes up the question of what women judges signify in several different jurisdictions in the United States, United Kingdom, and European Union. In so doing, its empirical case studies uniquely offer a model of how to study gender as a social process rather than merely studying women and treating sex as a variable. A gender analysis yields a fuller understanding of emotions and social movement mobilization, backlash, policy implementation, agenda setting, and representation. Lastly, the book makes a non-essentialist case for more women judges, that is, one that does not rest on women's difference.

Women and the Judiciary in the Asia-Pacific

Women and the Judiciary in the Asia-Pacific
Author: Melissa Crouch
Publisher: Cambridge University Press
Total Pages: 341
Release: 2021-10-07
Genre: Law
ISBN: 1316518329

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First comparative study of women judges in the Asia-Pacific based on empirical socio-legal research.

Gender and Judicial Education

Gender and Judicial Education
Author: Ulrike Schultz
Publisher: Routledge
Total Pages: 228
Release: 2018-04-19
Genre: Law
ISBN: 1315521830

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Judicial Education has greatly expanded in common law countries in the past 25 years. More recently it has become a core component in judicial reform programs in developing countries with gender attentiveness as an element required by donor agencies. In civil law jurisdictions judges ́ schools have long played a role in the formation of the career judiciary with a focus on entry to the judicial profession, in some countries judges get an intensive in-service education at judicial academies. Gender questions, however, tend to be neglected in the curricula. These judicial education activities have generated a significant body of material and experience which it is timely to review and disseminate. Questions such as the following require answers. What is the current state of affairs? How is judicial education implemented in developed and developing countries all around the world? Who are the educators? Who is being educated? How is judicial education on gender regarded by judges? How effective are these programs? The chapters in this book deal with these questions. They provide a multiplicity of perspectives. Six countries are represented, of these four are civil law countries (Germany, Argentina, Japan, Bosnia and Herzegovina) and two are common law countries (Canada; Uganda). This book was previously published as a special issue of International Journal of the Legal Profession.

Women in the Judiciary

Women in the Judiciary
Author: Ulrike Schultz
Publisher: Routledge
Total Pages: 150
Release: 2013-09-13
Genre: Law
ISBN: 1135707405

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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

Gender and the Judiciary in Africa

Gender and the Judiciary in Africa
Author: Gretchen Bauer
Publisher: Routledge
Total Pages: 282
Release: 2015-10-30
Genre: Political Science
ISBN: 1317516486

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Between 2000 and 2015, women ascended to the top of judiciaries across Africa, most notably as chief justices of supreme courts in common law countries like Ghana, Nigeria, Sierra Leone, Gambia, Malawi, Lesotho and Zambia, but also as presidents of constitutional courts in civil law countries such as Benin, Burundi, Gabon, Niger and Senegal. Most of these appointments was a "first" in terms of the gender of the chief justice. At the same time, women are being appointed in record numbers as magistrates, judges and justices across the continent. While women’s increasing numbers and roles in African executives and legislatures have been addressed in a burgeoning scholarly literature, very little work has focused on women in judiciaries. This book addresses the important issue of the increasing numbers and varied roles of women judges and justices, as judiciaries evolve across the continent. Scholars of law, gender politics and African politics provide overviews of recent developments in gender and the judiciary in nine African countries that represent north, east, southern and west Africa as well as a range of colonial experiences, postcolonial trajectories and legal systems, including mixes of common, civil, customary, or sharia law. In the process, each chapter seeks to address the following questions: What has been the historical experience of the judicial system in a given country, from before colonialism until the present? What is the current court structure and where are the women judges, justices, magistrates and other women located? What are the selection or appointment processes for joining the bench and in what ways may these help or hinder women to gain access to the courts as judges and justices? Once they become judges, do women on the bench promote the rights of women through their judicial powers? What are the challenges and obstacles facing women judges and justices in Africa? Timely and relevant in this era in which governmental accountability and transparency are essential to the consolidation of democracy in Africa and when women are accessing significant leadership positions across the continent, this book considers the substantive and symbolic representation of women’s interests by women judges and the wider implications of their presence for changing institutional norms and advancing the rule of law and human rights.

Women Judges in Contemporary China

Women Judges in Contemporary China
Author: Anqi Shen
Publisher: Springer
Total Pages: 242
Release: 2017-09-14
Genre: Social Science
ISBN: 3319578405

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This study provides an up-to-date empirical account of Chinese female judges within the context of the Chinese legal system and wider society, revealing a deeper understanding of women in contemporary China. Shen explores the gendered nature of judging in post-Mao China by examining: who female judges are, what they do, and their position in relation to their profession. She goes on to argue for true representation of women in the judiciary, including their contributions in judging, and the importance of judicial diversity. The book examines the place held by female judges at home and women's place in society as a whole, and investigates gender equality, women's agencies, emancipation, and empowerment in the contemporary China. Based on data resulting from original research, this book provides a much-needed contribution to contemporary women's studies. Addressing a broad range of issues surrounding gender and justice in the Chinese judicial system, this engaging study will be of special interest to scholars and activists involved with judicial diversity, gender politics, and gender equality.