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Women, Judging and the Judiciary - From Difference to Diversity (Paperback)
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Women, Judging and the Judiciary - From Difference to Diversity (Paperback)
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Women, Judging and the Judiciary examines debates about gender
representation in the judiciary and the importance of judicial
diversity. It offers a fresh look at the role of the (woman) judge
and the process of judging and provides a new analysis of the
assumptions which underpin and constrain debates about why we might
want a more diverse judiciary, and how we might get one. Through a
theoretical engagement with the concepts of diversity and
difference in adjudication, Women, Judging and the Judiciary
contends that prevailing images of the judge are enmeshed in
notions of sameness and uniformity: images which are so familiar
that their grip on our understandings of the judicial role are
routinely overlooked. Failing to confront these instinctive images
of the judge and of judging, however, comes at a price. They
exclude those who do not fit this mould, setting them up as
challengers to the judicial norm. Such has been the fate of the
woman judge. But while this goes some way to explaining why,
despite repeated efforts, our attempts to secure greater diversity
in our judiciary have fallen short, it also points a way forward.
For, by getting a clearer sense of what our judges really do and
how they do it, we can see that women judges and judicial diversity
more broadly do not threaten but rather enrich the judiciary and
judicial decision-making. As such, the standard opponent to
measures to increase judicial diversity - the necessity of
appointment on merit - is in fact its greatest ally: a judiciary is
stronger and the justice it dispenses better the greater the
diversity of its members, so if we want the best judiciary we can
get, we should want one which is fully diverse. Women, Judging and
the Judiciary will be of interest to legal academics, lawyers and
policy makers working in the fields of judicial diversity, gender
and adjudication and, more broadly, to anyone interested in who our
judges are and what they do.
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