In-Court Judicial Behaviours, Gender and Legitimacy

Kathleen Mack, Sharyn Roach Anleu

    Research output: Contribution to journalArticle

    4 Citations (Scopus)

    Abstract

    Two important recent developments are the increasing gender diversity of the judiciary and a turn towards newer forms of judging that rely on more direct judicial interaction with court users. Empirical research into the views and attitudes of men and women in the Australian judiciary reveals a strong shared commitment to core judicial values such as impartiality as the most essential qualities for judicial work. Slightly larger proportions of women express positive attitudes towards skills and practices such as communication and listening, while also expressing strong commitment to the importance of legal skills. Analysis of in-court behaviours of men and women in Australian courts, including the time taken to hear matters, the demeanours displayed towards those appearing in court and the frequency of judicial officers looking at and speaking directly to defendants, finds strong similarities and some differences between men and women. These findings provide important insights into the meanings of gender diversity in the judiciary, the increasingly contested nature of the judicial role and the legitimacy of different approaches to judging.

    Original languageEnglish
    Pages (from-to)728-751
    Number of pages24
    JournalGriffith Law Review
    Volume21
    Issue number3
    DOIs
    Publication statusPublished - 2012

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