Performing Judicial Authority in the Lower Courts

Anleu, Sharyn Roach; Mack, Kathy

doi:10.1057/978-1-137-52159-0

Cited by 52 publications

(20 citation statements)

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“…It looks at how law and society shape and influence each other. Deriving from ethnographic research on the everyday work of lower courts in Australia (Anleu and Mack ), small claims courts (Conley and O'Barr ), and administrative tribunals in the U.S. (Lens et al ), the findings challenge conventional norms about a detached, dispassionate state authority. Two conclusions from this tradition are useful in examining hearing room assessments.…”

Section: Theorizing Dynamics Of Refugee Hearingmentioning

confidence: 93%

“…Parallel to previous research, these two contrasting approaches should be understood as part of a continuum that illustrates the broadest range of behaviors that adjudicators display (Conley and O'Barr ). Few adjudicators strictly adapt one approach over the other (Anleu and Mack ; Lens et al ). While the dominant orientation of any particular Member can be either interview or interrogation, they often exhibit elements of both.…”

Section: Two Competing Approaches To Fact‐finding: Interrogation or Imentioning

confidence: 99%

“…Frustrated, Blanchet turned to Dominguez's lawyer and asked him to question his client. As Anleu and Mack () argue, adjudicators’ relationships with other hearing room actors are interdependent. The actions or inactions of others bear directly on the quasi‐judicial process.…”

Section: Tribunal Initiatives For Case Evaluationmentioning

confidence: 99%

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Who are you afraid of and why? Inside the black box of refugee tribunals

Tomkinson¹

2018

Can Public Adm

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Refugee hearings perform an important function in migration management. They filter unwanted immigrants while offering possibilities for the protection of human rights for others. Building on insights from frontline decision‐making and migration studies, and from the standpoint of law and society, this article examines how Canada's refugee adjudicators assess the facts of a refugee claim. The data come from ethnographic research that combines observation of hearings, interviews with implicated actors and archival research. Going beyond adjudicators’ individual‐level attitudes towards refugee claimants, the article finds that hearing room assessments are shaped by adjudicators’ divergent approaches to fact‐finding, their interdependent relationships with lawyers, and their training.

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Section: Theorizing Dynamics Of Refugee Hearingmentioning

confidence: 93%

Section: Two Competing Approaches To Fact‐finding: Interrogation or Imentioning

confidence: 99%

See 1 more Smart Citation

Who are you afraid of and why? Inside the black box of refugee tribunals

Tomkinson¹

2018

Can Public Adm

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“…Quotes are given verbatim, with any identifying details deleted. For more information, see Roach Anleu and Mack (2017).…”

Section: Emotion and Moralitymentioning

confidence: 99%

Emotions in Late Modernity

Patulny¹,

Bellocchi²,

Olson³

et al. 2019

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Emotional complexity and complex understandings of emotions2 Emotive-cognitive rationality, background emotions and emotion work ÅSA WETTERGREN Introduction 27 Emotion and reason 27 Emotion, action and emotion work 30 Assumptions and implications of the model 32 Emotional regime vs emotive-cognitive frame 33 The Migration Board: procedural correctness 34 Conclusion 37 Notes 38 References 39 3 Conceptualising valences in emotion theories: a sociological approach

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“…A developing field of study explores the role of emotions in judicial decision making with insight about judicial impartiality as an informal norm of practice (Anleu and Mack, 2005, 2017; Bandes and Blumenthal, 2012; Mack and Anleu, 2010; Maroney, 2011b; Maroney and Gross, 2014). However, little research has documented or explored the everyday meanings and implications of judicial independence as both a formal rule and a key organizing principle of judicial work in criminal justice practice.…”

Section: Introductionmentioning

confidence: 99%

Judicial independence: The master narrative in sentencing practice

Jamieson

2019

Criminology & Criminal Justice

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This article draws on biographical narrative accounts of retired Scottish judges to provide insight about the operation of judicial independence in the routine practice of criminal justice. This oblique and often reified legal concept is given new meanings and understandings through the lived experiences of retired judicial actors, demonstrating its role as the 'master narrative' of the judiciary in their routine sentencing work. This research points to some of the adaptive judicial strategies necessary for the maintenance and reinforcement of the concept in the context of the everyday challenges of sentencing practice. It is argued that although judicial independence represents an aspirational conception of judicial work, this symbolic value also carries important meanings and has material effects in sentencing practice. Moreover, the boundaries of the judicial role in daily criminal practice may be less sharply defined than strong 'Olympian' interpretations of judicial independence would otherwise suggest.

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Performing Judicial Authority in the Lower Courts

Abstract: Any person who does any unauthorized act in relation to this publication may be liable to criminal prosecution and civil claims for damages.

Cited by 52 publications

References 0 publications

Who are you afraid of and why? Inside the black box of refugee tribunals

Who are you afraid of and why? Inside the black box of refugee tribunals

Emotions in Late Modernity

Judicial independence: The master narrative in sentencing practice

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