Gender and Judging

Schultz, Ulrike; Shaw, Gisela

doi:10.5771/1866-377x-2013-3-133

Cited by 76 publications

(23 citation statements)

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“…Is there a feminist judicial methodology? These are in many ways hackneyed questions that form part of the wider conversation regarding the feminization of the legal profes sion and the increasing presence of larger numbers of women in law schools and in the legal profession (Schultz & Shaw, 2013;Norgren, 2018;Li et al, 2020). These questions have been part of an ongoing discussion among scholars, legal practitioners, and feminist activists for some time and have generated substantial research questions and analyses.…”

Section: A Curtain-raisermentioning

confidence: 99%

“…Some of these issues have been systematically addressed in the research in other jurisdictions as well as in various research projects globally (Mossman, 2005;Dixon, 2010;Banks, 2017;Graycar, 2009;Coontz, 2000). A few comprehensive volumes have recently been published that have highlighted and analyzed the key questions relating to the role of women judges globally, focusing on the history of women in the judiciary; women serving on international tribunals; quotas, diversity, and representation; judicial training; judicial selection processes; the career paths of women judges; the difference in perspective between female and male judges; feminist adjudication; and women's place and impact in the judiciary (Schultz & Shaw, 2013;Kenney, 2013;Hunter et al, 2010;Dawuni & Bauer, 2016;Stanchi et al, 2016;Helen Irving, 2017;Dawuni & Kuenyehia, 2018).…”

Section: Historical Exclusion Of Women Judges In South Africamentioning

confidence: 99%

“…The assumption that judges know the law and do not need to be trained has hampered judicial training efforts for a long time (Schultz & Shaw, 2013). Even today, training is limited primarily to magistrates, because higher-ranking judi cial officers claim to be adequately prepared for their positions.…”

Section: Introductionmentioning

confidence: 99%

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Gender, Judging and the Courts in Africa

Dawuni¹

2021

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Judges play critical roles as custodians of law and justice. The judicial oath places a duty on judges to apply the law equally, and without fear or favor. The generally held view on gender and judging, however, indicate that the law may not always be applied fairly in matters relating to women and other minorities. This book comes at a time when the world is reawakening to discussions on the rights of women, especially during the Covid-19 pandemic. The chapters provide theoretical and practical analyses and entry points for expanding our understanding of how judges apply the law and the potential for judicial interpretation to either promote women's rights or diminish them. This book is a must-read for judicial officers, gender advocates, experts interested in judicial policy, judicial training, and judicial institutional development. It touches on issues at the intersection of gender, law, and development across Africa."Justice Georgina Theodora Wood (Rtd.) (SOG, LLD (honoris causa), Former Chief Justice of the Republic of Ghana "A rich, timely, thoughtful, lively and diverse compendium of papers examining the multiplicity of questions at the core of constitutional rights and freedoms across the African continent today. The book excellently captures the main issues raised at the conference in Arusha which illuminated the gaps in law and practice towards full and meaningful achievement of women's rights. It highlights the slow but steady advances being made in the gender awareness of judges in Africa, while calling to action the need for more gender-sensitive training for judicial officers." Justice Albie Sachs (Rtd.), Constitutional Court of South AfricaWomen 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,

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Section: A Curtain-raisermentioning

confidence: 99%

Section: Historical Exclusion Of Women Judges In South Africamentioning

confidence: 99%

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Gender, Judging and the Courts in Africa

Dawuni¹

2021

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“…Women are underrepresented as judges, particularly in the higher courts, and do not fit the default image of the judge as an older white man (Rackley, 2012;Schultz & Shaw, 2013;Treanor, 2020). Masculinity is inscribed into the judicial script, and as with other criminal justice and legal professions, the attribution of authority as masculine means that women and men who are perceived as 'feminine' have less legitimacy (Schultz & Shaw, 2013). Treanor (2020) addresses gendered barriers to women entering the judiciary in Northern Ireland.…”

Section: Gender and Legal Professionsmentioning

confidence: 99%

Policing and the Courts

Seal

2021

Gender, Crime and Justice

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Policing and the CourtsThe maintenance of order and the exercise of authority and control are deeply gendered. Order, control and authority are socially and culturally coded as masculine. The social institutions that are responsible for upholding order and keeping control, such as the police and the courts, represent masculine authority and derive their legitimacy from this authority (Heidensohn, 1992). Such institutions uphold different kinds of control depending on the place and time in which they are located. Authoritarian forms of governance rely on 'hard' masculine authority, whereas liberal democratic governance is underpinned by norms of masculine rationality and paternalism-with recent shifts towards women and men working in partnership (Klatzer & Schlager, 2020;Marx Ferree, 2020). The coding of institutions of order, control and authority as masculine does not mean that only men work within them (although historically women were excluded from the police and legal professions). However, it does mean that cis heterosexual white men more closely fit the notion of ideal police officers, lawyers and judges. As gendered institutions, policing and the courts have masculine working cultures that shape how women and LGBTQ people fare within them. The masculinity of policing and the courts also affects how individuals

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“…On the one hand, we find over the past five years or so a growing acceptance of formal equality, organisational commitments to tackle diversity, engage men in equality agendas, address growing problems around poor lawyer well-being and so forth to develop a model of lawyering that might better meet the challenges of both a changing economy and shifting demographics around family life (Sturm, 1997, p. 146). This is an agenda driven by concerns about organisational efficiency and the business case for change that directly connects to the heightened cultural resonance of challenges to the ‘pale, male and stale’ men of the law (Ames, 2016; Ashdown, 2015) – the masculinity associated with a ‘white male bourgeois personality of high morality, humanistic … the loving father of a happy family ’ (Schultz and Shaw, 2013, p. 25, emphasis added).…”

Section: Concluding Remarks: Unpacking the ‘Loving Father Of A Happy mentioning

confidence: 99%

Fatherhood, gender and the making of professional identity in large law firms: bringing men into the frame

Collier

2018

International Journal of Law in Context

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This paper reframes debates about gender equality in the legal professions by interrogating the practices of men and interconnections between fatherhood, gender and parenting within the specific context of large corporate law firms. Drawing on interviews with male lawyer-fathers, it argues that closer exploration of fatherhood reveals much about the gendered dynamics of identity formation as a legal professional in this sector. A set of ideas about fatherhood, the paper suggests, shape how men's work can define a distinctive gender identity as a ‘family man’ and good lawyer. Political-economic and cultural shifts around fatherhood, however, are reconfiguring and adapting gender relations in law in a number of contradictory ways with implications for understanding the place of men in relation to gender-equality agendas. Ideas about fatherhood, family, work and career, I argue, are mobilised and enmeshed within the reproduction of distinctive law-firm cultures and gendered ideas of organisational commitment. What, in short, might it mean to be both a ‘good father’ and a ‘good lawyer’?

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Gender and Judging

Cited by 76 publications

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Gender, Judging and the Courts in Africa

Gender, Judging and the Courts in Africa

Policing and the Courts

Fatherhood, gender and the making of professional identity in large law firms: bringing men into the frame

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