Women and Judging

Shen, Anqi

doi:10.1007/978-3-319-57840-8_5

Cited by 4 publications

(6 citation statements)

References 33 publications

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“…Furthermore, some scholars have mentioned that female judges’ approach to decision-making improved judicial conduct by incorporating certain feminine aspects, such as emotional considerations, which added richness and texture into the justice system (Shen, 2017). In short, incorporating differences in the judiciary will improve the judicial outcomes for women (Hale, 2005) as female judges add depth and quality to the judicial system (Feenan, 2008; Schultz and Shaw, 2013a).…”

Section: Resultsmentioning

confidence: 99%

“…In Nigeria, for instance, Uzebu-Imarhiagbe (2020) found that the need for qualified judges regardless of gender has contributed to the inclusion of women judges and the increase of women in the High Court division in Mid-Western Nigeria. In China, Shen (2017) comprehensively explored the process of women judges’ recruitment, their training, career path, roles and positions in the judicial profession, their gendered problems, and job satisfaction (Shen, 2017). This study showed that men outnumbered women in the Chinese judiciary and the proportion of women in the top leadership positions was still very small.…”

Section: Introductionmentioning

confidence: 99%

“…It also found that although female judges could participate in all types of judicial activities without any differences based on traditional norms of what women can and cannot do, gender stereotypes and discrimination still existed. Specifically, gender inequality in the Chinese judiciary ‘is hidden in court, behind the official image’(Shen 2017: 128).…”

Section: Introductionmentioning

confidence: 99%

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Does Gender Blindness Improve Gender Equality? Female Judges and the Glass Ceiling Effect in the Islamic Judicial System in Indonesia

Kholiq¹,

Halimatusa’diyah

2022

Social & Legal Studies

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Despite the increasing participation of women judges worldwide, including in Muslim countries, the glass ceiling effect in female judges’ careers remains persistent. Using the Islamic judicial system in Indonesia as a case study, this article aims to analyze the representation of female judges and examine why the glass ceiling effect exists in the Islamic judicial system in Indonesia. Drawing on interviews with twenty judges in various provinces in Indonesia and analyzing the gendered organization framework, this article argues that gender blindness in the Islamic judicial organization has contributed to the persistence of gender inequality and the glass ceiling effect. This article also argues that a gender-neutral setting contributes to sustaining or encouraging gendered practices within organizations. Furthermore, focusing on work-life balance as the only solution for addressing the under-representation of women in the public sphere does not necessarily ease them from caring responsibilities as the gendered division of labor in the domestic sphere has not changed. Therefore, we suggest that making the judicial system a gender transformative organization is essential in order to reduce the glass ceiling effect in the Islamic judicial system in Indonesia.

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Section: Resultsmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

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Does Gender Blindness Improve Gender Equality? Female Judges and the Glass Ceiling Effect in the Islamic Judicial System in Indonesia

Kholiq¹,

Halimatusa’diyah

2022

Social & Legal Studies

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“…This is also the case of Chinese judges, although they do not enjoy the same status as their counterparts in the West. Shen’s (2017) fieldwork conducted in 13 courts in one province found that it is not only hard to obtain gatekeepers’ approval, it is challenging to persuade individual judges to take part in research activities when access has been authorized at the top. Shen correctly pointed out that, fundamentally, Chinese judges fear losing their jobs as a consequence of participating in academic activities because of the lack of judicial independence.…”

Section: Methodsmentioning

confidence: 99%

“…Female judges were initially a minority in the judiciary for historical reasons, including the fact that in the beginning judges were chosen from retired military personnel, who were largely male ( Shen, 2017 ). Therefore, the reason for the previous rarity of women in the Chinese judiciary differs from that of women’s underrepresentation in courts of the Western world.…”

Section: Chinese Judiciary and Its Gendered Constructionmentioning

confidence: 99%

Gendered Justice in China: Victim–Offender Mediation as the “Different Voice” of Female Judges

Wei

2020

Int J Offender Ther Comp Criminol

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Attempts to uncover the “different voice” of female judges through testing the statistical significance of judges’ gender in decision making have offered inconsistent results. Meanwhile, a proliferation of research suggests that such “voice” might be detected through qualitative analysis. Existing findings indicate that when female judges have discretionary power regarding case management, they will typically foster a process of settlement. Based on this information, I conducted eight months of fieldwork in China and observed 68 victim–offender mediations in four district courts. I found that the criminal division is widely perceived as a masculine setting, and female judges are accustomed to employing mediation as a preferred dispute resolution method to facilitate reconciliation between the two parties and seek civil compensation for victims. Such judicial behavior is a result of propaganda from the Supreme People’s Court and a reflection of female judges’ life and work experience. By contrast, a neglect of mediation among male judges can be identified in the same workplace. The belief that mediation is feminine and time-consuming contributes to this neglect. In addition, rape lawsuits are an exception for mediation. This explorative research not only represents one of the first efforts to reveal a “different voice” in the Chinese criminal justice system but points out a direction of research for studying the judicial behaviors of female judges worldwide.

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Asian Criminology: Its Contribution in Linking Global North and South

Zhang,

Liu

2023

Int. ann. criminol.

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In recent years, Asian criminology and Southern criminology have drawn scholarly attention to the profound divide between Western and non-Western societies, or the Global North and Global South, in criminological knowledge production. Perspectives from Asian and Southern criminology expose these divides and propose critical ways to correct the hegemony of Western over non-Western, or Northern over Southern, knowledge production. For the contemporary movement of decolonization of knowledge, a particular contribution of Asian criminology is to link Western and non-Western, or Northern and Southern, criminological science. As Sandra Walklate concluded, “Asian criminology … stands at the positive intersection of the north–south and east–west in terms of geography and culture. It is well placed to think differently, both conceptually and methodologically, about the criminological enterprise, and the debates that such different thinking might generate.” This article reviews the divide in criminology between the Global North and South. Based on the framework of the Asian criminological paradigm, Asian criminology has made major contributions to bridging the divide between the North and the South through academic institutionalization and theoretical development strategies.

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Women and Judging

Cited by 4 publications

References 33 publications

Does Gender Blindness Improve Gender Equality? Female Judges and the Glass Ceiling Effect in the Islamic Judicial System in Indonesia

Does Gender Blindness Improve Gender Equality? Female Judges and the Glass Ceiling Effect in the Islamic Judicial System in Indonesia

Gendered Justice in China: Victim–Offender Mediation as the “Different Voice” of Female Judges

Asian Criminology: Its Contribution in Linking Global North and South

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