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Gender and Judging

Gender and Judging

  • Author:
  • Publisher: Hart Publishing
  • ISBN: 9781841136400
  • Published In: July 2013
  • Format: Hardback , 640 pages
  • Jurisdiction: U.K. ? Disclaimer:
    Countri(es) stated herein are used as reference only
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Does gender make a difference to the way the judiciary works and should work? Or is gender-blindness a built-in prerequisite of judicial objectivity? If gender does make a difference, how might this be defined? These are the key questions posed in this collection of essays, by some 30 authors from the following countries; Argentina, Cambodia, Canada, England, France, Germany, India, Israel, Italy, Ivory Coast, Japan, Kenya, the Netherlands, the Philippines, South Africa, Switzerland, Syria and the United States. The contributions draw on various theoretical approaches, including gender, feminist and sociological theories.

The book's pressing topicality is underlined by the fact that well into the modern era male opposition to women's admission to, and progress within, the judicial profession has been largely based on the argument that their very gender programmes women to show empathy, partiality and gendered prejudice - in short essential qualities running directly counter to the need for judicial objectivity. It took until the last century for women to begin to break down such seemingly insurmountable barriers. And even then, there are a number of countries where even this first step is still waiting to happen. In all of them, there remains a more or less pronounced glass ceiling to women's judicial careers.

  • Ulrike Schultz is a senior academic in law at the Fern Universität Hagen, Germany. She is also head of the law faculty's Teaching and Learning Unit, and Chair of the university's Equal Opportunities Commission. She acts as a practical skills trainer for lawyers in Germany.
  • Gisela Shaw is a Professor of German Studies and Director of Research in the Faculty of Languages and European Studies at the University of the West of England, Bristol.

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