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.
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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 15 countries.
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Introduction: Gender and Judging: Overview and Synthesis Ulrike Schultz and Gisela Shaw PART 1: PIONEERS AND EMINENT WOMEN JUDGES 1.1. Becoming the First Women Judges in Ontario: Women Lawyers, Gender and the Politics of Judicial Appointment Mary Jane Mossman 1.2. Profiles in Leadership: Eminent Women Judges in the United States Elaine Martin 1.3. The Entry and Integration of Women into Judicial Positions in Israel Eyal Katvan 1.4. First Female Judges in the Weimar Republic in Germany: Reflections on Difference Marion Röwekamp PART 2: WOMEN JUDGES' WORK AND CAREERS 2.1. Feminisation of the French 'Magistrature': Gender and Judging in a Feminised Context Anne Boigeol 2.2. 'I was noticed and I was asked …' Women's Careers in the Judiciary. Results of an empirical study for the Ministry of Justice in Northrhine-Westfalia, Germany Ulrike Schultz 2.3. Women Judges and Magistrates in Kenya: Challenges, Opportunities and Contributions Winifred Kamau 2.4. The Impact of Women on the Administration of Justice in Syria and the Judicial Selection Process Monique C Cardinal 2.5. Skills for Judicial Work: Comparing Women Judges and Women Magistrates Kathy Mack and Sharyn Roach Anleu 2.6. Professional Stress, Discrimination and Coping Strategies: Similarities and Differences between Female and Male Judges in Switzerland Revital Ludewig and Juan LaLlave PART 3: GENDER PERSPECTIVES IN JUDGING 3.1. Gendered Experiences of a Judge in Germany Ruth Herz 3.2. Women Judges in the Netherlands Bregje Dijksterhuis 3.3. Gender and Judging in Traditional and Modern Societies: A Comparison of Two Case Studies (Ivory Coast and Italy) Maria Rita Bartolomei 3.4. Gender Arguments and Gender Perspective in Legal Judgments in Argentina Andrea L Gastron, M Angela Amante and Rubén Rodriguez 3.5. Do Women on South Africa's Courts Make a Difference? Ruth B Cowan PART 4: GENDERED CONSTRUCTION OF JUDGES 4.1. 'May it Please the Court'. Forming Sexualities as Judicial Virtues in Judicial Swearing-in Ceremonies Leslie J Moran 4.2. Let History Judge? Gender, Race, Class and Performative Identity: A Study of Women Judges in England and Wales Hilary Sommerlad PART 5: FEMINIST JUDGES AND FEMINIST ADJUDICATION 5.1. Must Feminist Judges Self-identify as Feminists? Beverley Baines 5.2. Justice Marcia Neave: Case Study of a Feminist Judge Rosemary Hunter 5.3. What's in a Label? Argentine Judges' Reluctance to Call Themselves Feminists Beatriz Kohen 5.4. A Feminist Adjudication Process: Is There Such a Thing? Reg Graycar PART 6: QUOTAS AND DIVERSITY 6.1. Which Judicial Selection Systems Generate the most Women Judges? Lessons from the United States Sally J Kenney 6.2. Gender Quotas for the Judiciary in England and Wales Kate Malleson 6.3. Rethinking Judicial Diversity Erika Rackley PART 7: GENDER AND JUDICIAL EDUCATION 7.1. Gender and Judicial Education in India Ann Stewart 7.2. Gender and Judicial Education in Japan Kayo Minamino 7.3. Engendering the Judiciary—Lessons from the Philippines Atsuko Miwa 7.4. Gender Training for the Judiciary in Cambodia Keiko Sawa 7.5. Do German Judges Need Gender Education? Ulrike Schultz
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The strength of this book lies in its wealth of empirical data and stories told. Readers learn a great deal about the workings of organisations and professions as well as of the very different legal systems in the world. A must for scholars of the sociology of law. (Translation of the German original)
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This book looks at whether or not gender makes a difference to the way the judiciary works or should work. The contributions are taken from some 30 authors from all over the world including 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 essays draw on various theoretical approaches, including gender, feminist, and sociological theories. Essential reading for anyone interested in how gender effects the law.
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Original research and theory on the relations between law, legal institutions and social processes. The volumes in this series are eclectic in their disciplines, methodologies and theoretical perspectives, but they all share a strong comparative emphasis. The volumes originate in workshops hosted by the Onati International Institute for the Sociology of Law. Founding Series Editors: William L F Felstiner Eve Darian-Smith Editorial Board: Carlos Lugo, Hostos Law School, Puerto Rico Jacek Kurczewski, Warsaw University, Poland Marie-Claire Foblets, Max Planck Institute for Social Anthropology, Germany Ulrike Schultz, Fern Universität, Germany
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Produktdetaljer

ISBN
9781841136400
Publisert
2013-07-10
Utgiver
Vendor
Hart Publishing
Vekt
1070 gr
Høyde
234 mm
Bredde
156 mm
Dybde
12 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
640

Om bidragsyterne

Ulrike Schultz is a senior academic in law at the FernUniversität in Hagen, Germany. She heads the International Working Group on the Comparative Study of Legal Professions and has been a member of the Oñati International Institute for the Sociology of Law Governing Board since 2006. Gisela Shaw, Emeritus Professor of German Studies at the University of the West of England, Bristol, UK, has worked and published in philosophy, literature and legal sociology.