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Judging in Lower Courts: Conventional, procedural, therapeutic and feminist approaches

Hunter, Rosemary, Roach Anleu, Sharyn, Mack, Kathy (2016) Judging in Lower Courts: Conventional, procedural, therapeutic and feminist approaches. International Journal of Law in Context, 12 (3). pp. 337-360. ISSN 1744-5523. (doi:10.1017/S1744552316000240) (KAR id:71542)

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Abstract

Recent theorising about feminist judging has concentrated on appellate courts and their judgments. This paper develops a conceptualisation of feminist judging in lower, first instance courts, which are dominated by high case volume and limited time for each matter, with decisions given orally and ex tempore rather than in elaborated written judgments. Through careful accounts of the philosophy, goals and practices of conventional as well as newer, more engaged approaches to judging, the paper compares and contrasts feminist judging with other approaches to judging in the lower courts. This entails considering dimensions such as the judicial officer's orientation to substantive law and practice in court, concepts of fairness, ethical commitments, the view of the defendant, and judicial qualities and capacities.

Item Type: Article
DOI/Identification number: 10.1017/S1744552316000240
Subjects: K Law
Divisions: Divisions > Division for the Study of Law, Society and Social Justice > Kent Law School
Depositing User: Sian Robertson
Date Deposited: 07 Jan 2019 11:06 UTC
Last Modified: 16 Feb 2021 14:01 UTC
Resource URI: https://kar.kent.ac.uk/id/eprint/71542 (The current URI for this page, for reference purposes)
Hunter, Rosemary: https://orcid.org/0000-0001-7526-6012
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