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Performing Judicial Authority In The Lower Courts


Performing Judicial Authority In The Lower Courts
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Performing Judicial Authority In The Lower Courts


Performing Judicial Authority In The Lower Courts
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Author : Sharyn Roach Anleu
language : en
Publisher: Springer
Release Date : 2017-05-10

Performing Judicial Authority In The Lower Courts written by Sharyn Roach Anleu and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-05-10 with Social Science categories.


Judicial authority is constituted by everyday practices of individual judicial officers, balancing the obligations of formal law and procedure with the distinctive interactional demands of lower courts. Performing Judicial Authority in the Lower Courts draws on extensive original, independent empirical data to identify different ways judicial officers approach and experience their work. It theorizes the meanings of these variations for the legitimate performance of judicial authority. The central theoretical and empirical finding presented in this book is the incomplete fit between conventional norms of judicial performance, emphasizing detachment and impersonality, and the practical, day-to-day judicial work in high volume, time-pressured lower courts. Understanding the judicial officer as the crucial link between formal abstract law, the legal institution of the court and the practical tasks of the courtroom, generates a more complete theory of judicial legitimacy which includes the manner in which judicial officers present themselves and communicate their decisions in court.



Judging And Emotion


Judging And Emotion
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Author : Sharyn Roach Anleu
language : en
Publisher: Routledge
Release Date : 2021-02-03

Judging And Emotion written by Sharyn Roach Anleu and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-03 with Law categories.


Judging and Emotion investigates how judicial officers understand, experience, display, manage and deploy emotions in their everyday work, in light of their fundamental commitment to impartiality. Judging and Emotion challenges the conventional assumption that emotion is inherently unpredictable, stressful or a personal quality inconsistent with impartiality. Extensive empirical research with Australian judicial officers demonstrates the ways emotion, emotional capacities and emotion work are integral to judicial practice. Judging and Emotion articulates a broader conception of emotion, as a social practice emerging from interaction, and demonstrates how judicial officers undertake emotion work and use emotion as a resource to achieve impartiality. A key insight is that institutional requirements, including conceptions of impartiality as dispassion, do not completely determine the emotion dimensions of judicial work. Through their everyday work, judicial officers construct and maintain the boundaries of an impartial judicial role which necessarily incorporates emotion and emotion work. Building on a growing interest in emotion in law and social sciences, this book will be of considerable importance to socio-legal scholars, sociologists, the judiciary, legal practitioners and all users of the courts.



Literature On Court Unification


Literature On Court Unification
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Author : Susan B. Carbon
language : en
Publisher:
Release Date : 1978

Literature On Court Unification written by Susan B. Carbon and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1978 with Court administration categories.




The Judiciary


The Judiciary
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Author : Shelden Douglass Elliott
language : en
Publisher:
Release Date : 1959

The Judiciary written by Shelden Douglass Elliott and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1959 with Courts categories.




The Judge The Judiciary And The Court


The Judge The Judiciary And The Court
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Author : Gabrielle Appleby
language : en
Publisher: Cambridge University Press
Release Date : 2021-04-29

The Judge The Judiciary And The Court written by Gabrielle Appleby and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-29 with Law categories.


Revealing analysis of how judges work as individuals and collectively to uphold judicial values in the face of contemporary challenges.



Justice Alternatives


Justice Alternatives
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Author : Pat Carlen
language : en
Publisher: Routledge
Release Date : 2019-07-11

Justice Alternatives written by Pat Carlen and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-11 with Social Science categories.


Justice is one of the most debated and reinterpreted of concepts within the fields of law, criminology and criminal justice. Bringing together 35 leading thinkers, analysts and campaigners from around the world, this collection presents a range of on-going struggles for justice from abolitionist, transitional, transformative, indigenous, green and restorative perspectives. Against a background of contemporary concerns about dark money, plutocracies and populism, these chapters raise questions about the relationships between social justice and criminal justice and between democracy, knowledge and justice. Overall, the chapters also demonstrate the breadth, variety and vibrancy of contemporary criminology and include, amongst other cutting-edge contributions, chapters by John Braithwaite, Michelle Brown, Ian Loader, Pat O’Malley, Joe Sim, Susanne Karstedt, Phil Scraton, Richard Sparks, Loïc Wacquant and Sandra Walklate. Justice Alternatives is essential reading for students of criminology, criminal justice and law, as well as for other scholars and activists concerned about social justice, policing, courts, imprisonment, mass supervision, rights and privatized justice. The book’s emphasis upon the importance of imagination, experimentation, innovation and debate aims to promote an optimism that there are always alternatives to inequality, domination and oppression.



Judges Judging And Humour


Judges Judging And Humour
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Author : Jessica Milner Davis
language : en
Publisher: Springer
Release Date : 2018-07-20

Judges Judging And Humour written by Jessica Milner Davis and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-20 with Social Science categories.


This book examines social aspects of humour relating to the judiciary, judicial behaviour, and judicial work across different cultures and eras, identifying how traditionally recorded wit and humorous portrayals of judges reflect social attitudes to the judiciary over time. It contributes to cultural studies and social science/socio-legal studies of both humour and the role of emotions in the judiciary and in judging. It explores the surprisingly varied intersections between humour and the judiciary in several legal systems: judges as the target of humour; legal decisions regulating humour; the use of humour to manage aspects of judicial work and courtroom procedure; and judicial/legal figures and customs featuring in comic and satiric entertainment through the ages. Delving into the multi-layered connections between the seriousness of the work of the judiciary on the one hand, and the lightness of humour on the other hand, this fascinating collection will be of particular interest to scholars of the legal system, the criminal justice system, humour studies, and cultural studies.



Criminal Justice And The Ideal Defendant In The Making Of Remorse And Responsibility


Criminal Justice And The Ideal Defendant In The Making Of Remorse And Responsibility
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Author : Stewart Field
language : en
Publisher: Bloomsbury Publishing
Release Date : 2023-05-18

Criminal Justice And The Ideal Defendant In The Making Of Remorse And Responsibility written by Stewart Field and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-05-18 with Law categories.


This book investigates how defendants are assessed by criminal justice decisionmakers, such as judges, lawyers, probation officers, parole board members and those involved in restorative justice. What attitudes and emotions are defendants expected to show? How are these expectations communicated? The book argues that defendants, at various stages of the criminal justice process, are expected to show a (more or less) free acceptance of guilt and individual responsibility along with a display of 'appropriate' emotions, ideally including 'genuine' remorse. It examines why such expressions of individual responsibility and remorse are so important to decision-makers and the state. With contributors from across the world, the book opens new comparative possibilities and research agendas.



Professional Emotions In Court


Professional Emotions In Court
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Author : Stina Bergman Blix
language : en
Publisher: Routledge
Release Date : 2018-12-07

Professional Emotions In Court written by Stina Bergman Blix and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-07 with Social Science categories.


Professional Emotions in Court examines the paramount role of emotions in the legal professions and in the functioning of the democratic judicial system. Based on extensive interview and observation data in Sweden, the authors highlight the silenced background emotions and the tacitly habituated emotion management in the daily work at courts and prosecution offices. Following participants ‘backstage’ – whether at the office or at lunch – in order to observe preparations for and reflections on the performance in court itself, this book sheds light on the emotionality of courtroom interactions, such as professional collaboration, negotiations, and challenges, with the analysis of micro-interactions being situated in the broader structural regime of the legal system – the emotive-cognitive judicial frame – throughout. A demonstration of the false dichotomy between emotion and reason that lies behind the assumption of a judicial system that operates rationally and without emotion, Professional Emotions in Court reveals how this assumption shapes professionals’ perceptions and performance of their work, but hampers emotional reflexivity, and questions whether the judicial system might gain in legitimacy if the role of emotional processes were recognized and reflected upon.



The Judicial Function


The Judicial Function
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Author : Joe McIntyre
language : en
Publisher: Springer Nature
Release Date : 2019-09-16

The Judicial Function written by Joe McIntyre and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-16 with Law categories.


Judicial systems are under increasing pressure: from rising litigation costs and decreased accessibility, from escalating accountability and performance evaluation expectations, from shifting burdens of case management and alternative dispute resolution roles, and from emerging technologies. For courts to survive and flourish in a rapidly changing society, it is vital to have a clear understanding of their contemporary role – and a willingness to defend it. This book presents a clear vision of what it is that courts do, how they do it, and how we can make sure that they perform that role well. It argues that courts remain a critical, relevant and supremely well-adjusted institution in the 21st century. The approach of this book is to weave together a range of discourses on surrounding judicial issues into a systemic and coherent whole. It begins by articulating the dual roles at the core of the judicial function: third-party merit-based dispute resolution and social (normative) governance. By expanding upon these discrete yet inter-related aspects, it develops a language and conceptual framework to understand the judicial role more fully. The subsequent chapters demonstrate the explanatory power of this function, examining the judicial decision-making method, reframing principles of judicial independence and impartiality, and re-conceiving systems of accountability and responsibility. The book argues that this function-driven conception provides a useful re-imagining of some familiar issues as part of a coherent framework of foundational, yet interwoven, principles. This approach not only adds clarity to the analysis of those concepts and the concrete mechanisms by which they are manifest, but helps make the case of why courts remain such vital social institutions. Ultimately, the book is an entreaty not to take courts for granted, nor to readily abandon the benefits they bring to society. Instead, by understanding the importance and legitimacy of the judicial role, and its multifaceted social benefits, this books challenge us to refresh our courts in a manner that best advances this underlying function.