Le droit et l'administration de la justice face aux instruments managériaux

Allison, Christine Rothmayr

doi:10.3917/drs.084.0275

Cited by 7 publications

(6 citation statements)

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“…Overall, frontline judges have been pressured by an increasing caseload over time and prompted to reduce the time necessary to treat cases, to dispense justice more cheaply and to take on managerial roles in their courts. Of course, while these pressures are clearly related to the managerialization of justice, the increase in caseload, as such, is more related to the judicialization of society (Rothmayr Allison, 2013). In addition, the pressures have been distinguished for analytical purposes, but they are related: time management has been a (managerial) response to the growth of workload, and the tension between both has been exacerbated by the requests for cost reductions.…”

Section: Pressures On Judges Resulting From the Managerialization Of ...mentioning

confidence: 99%

“…The Dutch judges interviewed in 2007 after the implementation of a new managerial organization of the judicial system in the early 2000s reported that they lacked time to examine the cases carefully (Langbroek, 2008). Moreover, the evaluation indicators (e.g., the number of cases handled) were blamed for not considering the quality of the legal work or even the effectiveness of the judgment (Rothmayr Allison, 2013).…”

Section: Results Of the Reviewmentioning

confidence: 99%

“…Justice has also been a concern of the NPM turn, although later. The managerialization of justice involves the transfer of managerial ideas and tools to the judicial sector (Rothmayr Allison, 2013). Similar to other public services, this raises questions about the effectivity, validity or legitimacy of such dynamics (Vigour, 2008).…”

Section: Managerialization Of Justice and Frontline Judges: Analytica...mentioning

confidence: 99%

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Neither the Magic Bullet Nor the Big Bad Wolf: A Systematic Review of Frontline Judges’ Attitudes and Coping Regarding Managerialization

Colaux

Schiffino

Moyson

2023

Administration & Society

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How do frontline judges perceive managerial reforms, and how do they cope with them? We relied on concepts from street-level bureaucracy to systematically review the effects of managerial techniques on frontline judges in 35 studies. We find that judges’ attitudes toward managerialization are more heterogeneous than could be anticipated. Beyond facing an increasing caseload, judges are pressed to reduce treatment times and costs as well as to play managerial roles. Judges’ mechanisms to cope with pressures include rationing, prioritizing, and routinizing. While managerialization is a solution to the increasing caseload, it is suspected to affect the quality of justice.

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Section: Pressures On Judges Resulting From the Managerialization Of ...mentioning

confidence: 99%

Section: Results Of the Reviewmentioning

confidence: 99%

Section: Managerialization Of Justice and Frontline Judges: Analytica...mentioning

confidence: 99%

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Neither the Magic Bullet Nor the Big Bad Wolf: A Systematic Review of Frontline Judges’ Attitudes and Coping Regarding Managerialization

Colaux

Schiffino

Moyson

2023

Administration & Society

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“…The report then ends with a short conclusion that, for example, suggests ending the measure or, conversely, emphasizes the importance of continuing to work with the youth despite the poor results obtained thus far. The increasing influence of 'new public management' in judicial institutions, visible in Brazil but also in North America and Europe Rothmayr Allison 2013), has led to greater bureaucratic control being exerted over the técnicas' work. Ever more objective results are sought from penal policies with a view to measuring their efficiency.…”

Section: Competing Imperatives: Maintaining Professional Ethics and Meeting Managerial Standardsmentioning

confidence: 99%

Governing Delinquency Through Freedom

Bugnon¹

2020

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This book analyzes the non-custodial government of young offenders in two major cities in Brazil. In doing so, it delves into the paradox of an institution exerting control over youths while at the same time promoting their autonomy and responsibility. The study sheds light on the specific logics of power, control, and inequality produced by such institutional settings. The book's analysis is based on an ethnographic study of 'Assisted Freedom' (Liberdade Assistida) -a form of probation -in the Brazilian cities of Rio de Janeiro and Belo Horizonte. This particular context -which is characterized by endemic violent crime, on the one hand, and a highly protective juvenile justice system, on the other -sheds productive light on the contradictions of juvenile justice systems and other public policies based on the values of citizenship, autonomy, and responsibilization. The analysis takes the form of an inverted zoom structure: it begins by looking at cognitive and interactional processes at the level of interpersonal relationships between youths and professionals and then works its way up to examine ties outside the institution itself, with schools, the labour market, and juvenile courts.Written in a clear and direct style, this book will appeal to students and scholars in criminology, sociology, cultural studies, and social theory and those interested in learning about non-custodial measures and the regulation of juvenile delinquency in Brazil and beyond.Géraldine Bugnon works as a post-doctoral researcher at the University of Applied Sciences and Arts in Western Switzerland (HES-SO). She holds a PhD in sociology from the University of Geneva (Switzerland) and the University of Lille 1 (France). Her work analyzes the state regulation of deviance in different legal and institutional contexts. Her main research topics are prostitution, juvenile delinquency, and juvenile justice, as well as, more recently, the child protection system. She is particularly interested in the forms of hybridization between the welfare state and the penal state, as well as the impact of judicialization on the management of social problems.

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“…The chart method is particularly time-consuming when used to conduct a macro-analysis of all available evidence, the primary function that Wigmore envisaged for it, yet remains demanding when applied to only part of the evidence. The heaviness and complexity of the work required does not go well with the diffusion in courts of imperatives of efficiency imposed by managerial tools stemming from New Public Management (Adler, 2003; Hodgson and Roberts, 2010; Rothmayr Allison, 2013). In France, judges are nowadays evaluated according to indicators such as the ‘coverage rate’ (ratio between the number of cases registered and the number of cases settled) (Cour de cassation, 2012: 507) or the ‘average age of the stock’ (average time for processing pending cases) (Chambaz, 2020: 7).…”

Section: Introductionmentioning

confidence: 99%

Turning a graphical method of evidential reasoning into an operational tool for judges? Empirical evidence

Leclerc

Vergès

Vial

2022

The International Journal of Evidence & Proof

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Research on graphical methods of reasoning has made enormous progress since the pioneering work of Wigmore in the early 20th century and its later rediscovery in the 1980s. While the usefulness of graphical methods for student training and research is widely acknowledged, their use by judges remains marginal, if not non-existent, even though this was Wigmore's objective. This article explores the difficulties that graphical methods of reasoning must overcome if they are to be integrated into the practice of the courts, at a time when courts are faced with ever more pressing imperatives of efficiency. The research is based on a partnership with the French School of Magistrates (Ecole Nationale de la Magistrature) and is informed by training courses given to magistrates on the basis of real cases, during which the authors proposed that they implement what we have called the Orderly Method of Evidence Analysis. Although the research confirms the value of graphical methods in promoting rigour in evidential reasoning, it also reaffirms the already clearly identified limits related to their complexity and time-consuming nature. The article also points out the difficulties that still need to be overcome in order to operationalise graphical methods of evidential reasoning, and the difficulties encountered by these methods in avoiding judgment bias.

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Le droit et l'administration de la justice face aux instruments managériaux

Cited by 7 publications

References 0 publications

Neither the Magic Bullet Nor the Big Bad Wolf: A Systematic Review of Frontline Judges’ Attitudes and Coping Regarding Managerialization

Neither the Magic Bullet Nor the Big Bad Wolf: A Systematic Review of Frontline Judges’ Attitudes and Coping Regarding Managerialization

Governing Delinquency Through Freedom

Turning a graphical method of evidential reasoning into an operational tool for judges? Empirical evidence

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