Pub Date : 2020-04-27DOI: 10.1080/09695958.2020.1751166
Tara Sklar, Jennifer Moore, M. Bismark, Y. Taouk
ABSTRACT Public trust in the legal profession rests on regulators taking timely and effective action in response to misconduct. Usually, case-by-case analysis occurs after a claim or complaint is lodged with little attention on factors that may predispose a lawyer to misconduct. Vulnerability is a useful concept for understanding individuals’ susceptibility to harm and for identifying safeguards to protect against that harm. This empirical study adds to the largely normative research on vulnerability with an analysis of 67 “problem lawyers” who were the subject of multiple complaints and at least one disciplinary hearing, a paid financial misconduct claim, or striking from the roll in Victoria, Australia between 2005 and 2015. We analysed determinations about these lawyers and identified a concatenation of factors associated with legal misconduct. Personal vulnerabilities included older age, male sex, poor health, and patterns of behaviour such as low conscientiousness. Situational vulnerabilities included working as a sole principal or in a small practice, excessive workload, and pressures from relationship breakdowns, death or illness in the family, or financial difficulties. These findings shed light on vulnerabilities to legal misconduct, and have implications for lawyer education and well-being, protection of clients, and efforts to reduce lapses in professionalism.
{"title":"Vulnerability to legal misconduct: a profile of problem lawyers in Victoria, Australia","authors":"Tara Sklar, Jennifer Moore, M. Bismark, Y. Taouk","doi":"10.1080/09695958.2020.1751166","DOIUrl":"https://doi.org/10.1080/09695958.2020.1751166","url":null,"abstract":"ABSTRACT Public trust in the legal profession rests on regulators taking timely and effective action in response to misconduct. Usually, case-by-case analysis occurs after a claim or complaint is lodged with little attention on factors that may predispose a lawyer to misconduct. Vulnerability is a useful concept for understanding individuals’ susceptibility to harm and for identifying safeguards to protect against that harm. This empirical study adds to the largely normative research on vulnerability with an analysis of 67 “problem lawyers” who were the subject of multiple complaints and at least one disciplinary hearing, a paid financial misconduct claim, or striking from the roll in Victoria, Australia between 2005 and 2015. We analysed determinations about these lawyers and identified a concatenation of factors associated with legal misconduct. Personal vulnerabilities included older age, male sex, poor health, and patterns of behaviour such as low conscientiousness. Situational vulnerabilities included working as a sole principal or in a small practice, excessive workload, and pressures from relationship breakdowns, death or illness in the family, or financial difficulties. These findings shed light on vulnerabilities to legal misconduct, and have implications for lawyer education and well-being, protection of clients, and efforts to reduce lapses in professionalism.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":"27 1","pages":"269 - 289"},"PeriodicalIF":0.6,"publicationDate":"2020-04-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/09695958.2020.1751166","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45138910","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-04-24DOI: 10.1080/09695958.2020.1749058
T. Booth, A. Stuhmcke, J. Wangmann
ABSTRACT There is a symbiotic relationship between the legal profession and the tertiary education sector. The law degree itself is symbolic of this close relationship. Standards of the legal profession are reflected in the legal qualifications obtained by law students who wish to practice law. However the clarity of such professional requirements for legal practice become increasingly opaque with respect to plagiarism and entry to the profession. Importantly, it is the admission boards that grapple with how to balance the growth in law student plagiarism and the changing needs of the legal profession. This article exposes widely varying university plagiarism rules and argues that further research is required into whether professional admission boards should provide the “level playing field” for law students who may have fallen foul of university rules.
{"title":"There is plagiarism … and then there is plagiarism: academic misconduct and admission to legal practice","authors":"T. Booth, A. Stuhmcke, J. Wangmann","doi":"10.1080/09695958.2020.1749058","DOIUrl":"https://doi.org/10.1080/09695958.2020.1749058","url":null,"abstract":"ABSTRACT There is a symbiotic relationship between the legal profession and the tertiary education sector. The law degree itself is symbolic of this close relationship. Standards of the legal profession are reflected in the legal qualifications obtained by law students who wish to practice law. However the clarity of such professional requirements for legal practice become increasingly opaque with respect to plagiarism and entry to the profession. Importantly, it is the admission boards that grapple with how to balance the growth in law student plagiarism and the changing needs of the legal profession. This article exposes widely varying university plagiarism rules and argues that further research is required into whether professional admission boards should provide the “level playing field” for law students who may have fallen foul of university rules.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":"27 1","pages":"291 - 316"},"PeriodicalIF":0.6,"publicationDate":"2020-04-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/09695958.2020.1749058","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48489439","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-04-22DOI: 10.1080/09695958.2020.1750410
Enibokun Uzebu-Imarhiagbe
ABSTRACT Women have made considerable progress in terms of their entrance into the legal profession, such that they are advancing towards parity with men on the High Court benches in Nigeria. This study is a product of qualitative empirical data gathered from interviews with judges and information gleaned from government records and personal files of judges in the Archives of the judiciaries in Mid-Western Nigeria. It identifies reasons for the increase in the number of women on the High Court Bench in the area. Women entering the legal professions in Nigeria from the 1930s opted for a career in government legal service and the Magistracy with less financial remuneration but regular work hours, than in private legal practice that provides higher remunerations and irregular work hours. Findings reveal that the number of women judges increased when it became fairly established to tunnel 90% of appointments to the High Court from these channels. The preliminary conclusion therefore, is that, although women lawyers have made considerable headway as High Court judges, the increase in their numbers on the High Court bench was not as a result of any organised policy to increase the number of women judges in Nigeria.
{"title":"Women in the Nigerian judiciary: considerable headway or organised progress?","authors":"Enibokun Uzebu-Imarhiagbe","doi":"10.1080/09695958.2020.1750410","DOIUrl":"https://doi.org/10.1080/09695958.2020.1750410","url":null,"abstract":"ABSTRACT Women have made considerable progress in terms of their entrance into the legal profession, such that they are advancing towards parity with men on the High Court benches in Nigeria. This study is a product of qualitative empirical data gathered from interviews with judges and information gleaned from government records and personal files of judges in the Archives of the judiciaries in Mid-Western Nigeria. It identifies reasons for the increase in the number of women on the High Court Bench in the area. Women entering the legal professions in Nigeria from the 1930s opted for a career in government legal service and the Magistracy with less financial remuneration but regular work hours, than in private legal practice that provides higher remunerations and irregular work hours. Findings reveal that the number of women judges increased when it became fairly established to tunnel 90% of appointments to the High Court from these channels. The preliminary conclusion therefore, is that, although women lawyers have made considerable headway as High Court judges, the increase in their numbers on the High Court bench was not as a result of any organised policy to increase the number of women judges in Nigeria.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":"27 1","pages":"175 - 188"},"PeriodicalIF":0.6,"publicationDate":"2020-04-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/09695958.2020.1750410","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46005628","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-04-05DOI: 10.1080/09695958.2020.1749638
T. Mundy, Karina Murray, Kate Tubridy, John P Littrich
ABSTRACT Law Student Oaths, Honour Codes and Pledges have been variously used as a way to communicate and regulate standards of law student behaviour and to inculcate them into the ethical and professional values and attitudes seen as important for future legal professionals, such as a commitment to honesty and integrity. Variations of Oaths, Codes and Pledges are used extensively in America and in many other parts of the world. However, they have never really featured in the Australian university landscape. This article reports on the introduction of a Law Student Pledge as part of the first year law experience at the University of Wollongong (UOW) in New South Wales, Australia. Through focus groups held with students, feedback from first year teaching staff, and through a practice of collaborative review, this article reports on the impact, benefits and challenges of introducing the Pledge at UOW, as well as the research team’s learnings and the future development of the Pledge.
{"title":"The role of a Law Student Pledge in shaping positive professional and ethical identities: a case study from Australia","authors":"T. Mundy, Karina Murray, Kate Tubridy, John P Littrich","doi":"10.1080/09695958.2020.1749638","DOIUrl":"https://doi.org/10.1080/09695958.2020.1749638","url":null,"abstract":"ABSTRACT Law Student Oaths, Honour Codes and Pledges have been variously used as a way to communicate and regulate standards of law student behaviour and to inculcate them into the ethical and professional values and attitudes seen as important for future legal professionals, such as a commitment to honesty and integrity. Variations of Oaths, Codes and Pledges are used extensively in America and in many other parts of the world. However, they have never really featured in the Australian university landscape. This article reports on the introduction of a Law Student Pledge as part of the first year law experience at the University of Wollongong (UOW) in New South Wales, Australia. Through focus groups held with students, feedback from first year teaching staff, and through a practice of collaborative review, this article reports on the impact, benefits and challenges of introducing the Pledge at UOW, as well as the research team’s learnings and the future development of the Pledge.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":"27 1","pages":"317 - 337"},"PeriodicalIF":0.6,"publicationDate":"2020-04-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/09695958.2020.1749638","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47809166","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-03-23DOI: 10.1080/09695958.2020.1742720
Kay-Wah Chan, Takayuki Ii
ABSTRACT In Japan, the quasi-legal profession of judicial scriveners (shihō-shoshi) traditionally prepared documents for litigants to file with courts but did not have the right to represent them in courts. As part of the justice system reform, from April 2003, shihō-shoshi who took an induction course, passed a certification examination and obtained the Justice Minister’s certification are permitted to represent litigants in Summary Court civil lawsuits. Such work used to be monopolised by the full-fledged legal profession of bengoshi. The reform aimed at enhancing the public’s accessibility to legal service. However, has the change really achieved this objective? Has the objective been attained by another change under the reform: a substantial expansion of the bengoshi population? To examine the justifiability and value of the expansion of shihō-shoshi’s permitted scope of practice, this paper empirically investigates the post-reform situation of the two professions, Summary Court civil litigation, and legal representation in such lawsuits.
{"title":"Empowering judicial scriveners as litigators in Japan: is it justifiable and of value?","authors":"Kay-Wah Chan, Takayuki Ii","doi":"10.1080/09695958.2020.1742720","DOIUrl":"https://doi.org/10.1080/09695958.2020.1742720","url":null,"abstract":"ABSTRACT In Japan, the quasi-legal profession of judicial scriveners (shihō-shoshi) traditionally prepared documents for litigants to file with courts but did not have the right to represent them in courts. As part of the justice system reform, from April 2003, shihō-shoshi who took an induction course, passed a certification examination and obtained the Justice Minister’s certification are permitted to represent litigants in Summary Court civil lawsuits. Such work used to be monopolised by the full-fledged legal profession of bengoshi. The reform aimed at enhancing the public’s accessibility to legal service. However, has the change really achieved this objective? Has the objective been attained by another change under the reform: a substantial expansion of the bengoshi population? To examine the justifiability and value of the expansion of shihō-shoshi’s permitted scope of practice, this paper empirically investigates the post-reform situation of the two professions, Summary Court civil litigation, and legal representation in such lawsuits.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":"29 1","pages":"181 - 207"},"PeriodicalIF":0.6,"publicationDate":"2020-03-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/09695958.2020.1742720","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43751359","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-03-23DOI: 10.1080/09695958.2020.1742719
Leah Treanor
ABSTRACT This paper considers women’s representation in the under-explored context of the judiciary in Northern Ireland. Previous research into the experiences of women practitioners in the legal profession in Northern Ireland has indicated that women are discouraged from pursuing judicial careers for a variety of reasons associated with their gender. Further research into the gendered barriers these women practitioners face is required in order to assess the extent to which the same may impede their career progression. This paper uses a critical, social constructionist feminist approach to explore some of the gendered barriers influencing women’s under-representation in Northern Ireland’s judiciary. It is contended that representation can only be improved when women’s retention and progression through the ranks of the legal profession is addressed. Employing gender as a lens, this paper will analyse potential difficulties faced by the women solicitors and barristers in Northern Ireland in order to assess future judicial gender parity prospects in this jurisdiction as it is these women solicitors and barristers who form the female “talent pool” from which future members of the judiciary will be selected.
{"title":"Problems in the pathways to judicial success: women in the legal profession in Northern Ireland","authors":"Leah Treanor","doi":"10.1080/09695958.2020.1742719","DOIUrl":"https://doi.org/10.1080/09695958.2020.1742719","url":null,"abstract":"ABSTRACT This paper considers women’s representation in the under-explored context of the judiciary in Northern Ireland. Previous research into the experiences of women practitioners in the legal profession in Northern Ireland has indicated that women are discouraged from pursuing judicial careers for a variety of reasons associated with their gender. Further research into the gendered barriers these women practitioners face is required in order to assess the extent to which the same may impede their career progression. This paper uses a critical, social constructionist feminist approach to explore some of the gendered barriers influencing women’s under-representation in Northern Ireland’s judiciary. It is contended that representation can only be improved when women’s retention and progression through the ranks of the legal profession is addressed. Employing gender as a lens, this paper will analyse potential difficulties faced by the women solicitors and barristers in Northern Ireland in order to assess future judicial gender parity prospects in this jurisdiction as it is these women solicitors and barristers who form the female “talent pool” from which future members of the judiciary will be selected.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":"27 1","pages":"203 - 216"},"PeriodicalIF":0.6,"publicationDate":"2020-03-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/09695958.2020.1742719","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49640081","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-01-02DOI: 10.1080/09695958.2019.1699418
A. Melville, A. Barrow, Patrick Morgan
ABSTRACT Academics are becoming increasingly internationally mobile, and yet there is still limited research into the nature, outcomes and limits of academic mobility. This paper examines the biographies of over 700 academics employed within Australian law schools. It identifies legal academics who hold academics qualifications have been employed outside of Australia. Almost a quarter of legal academics in our sample hold a first degree outside of Australia, over a third hold a non-Australian post-graduate degree. While it could be expected that possessing international experience would broaden an academic’s cultural experiences, we also found that the internationally mobile academics have typically studied and worked previously within an elite international law school, and are now employed within an elite Australian law school. In addition, experiences of international mobility are not equally distributed, and male legal academics are significantly more likely to have international experience than female legal academics.
{"title":"The limits and benefits of international mobility: an empirical examination of the biographies of Australian legal academics","authors":"A. Melville, A. Barrow, Patrick Morgan","doi":"10.1080/09695958.2019.1699418","DOIUrl":"https://doi.org/10.1080/09695958.2019.1699418","url":null,"abstract":"ABSTRACT Academics are becoming increasingly internationally mobile, and yet there is still limited research into the nature, outcomes and limits of academic mobility. This paper examines the biographies of over 700 academics employed within Australian law schools. It identifies legal academics who hold academics qualifications have been employed outside of Australia. Almost a quarter of legal academics in our sample hold a first degree outside of Australia, over a third hold a non-Australian post-graduate degree. While it could be expected that possessing international experience would broaden an academic’s cultural experiences, we also found that the internationally mobile academics have typically studied and worked previously within an elite international law school, and are now employed within an elite Australian law school. In addition, experiences of international mobility are not equally distributed, and male legal academics are significantly more likely to have international experience than female legal academics.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":"27 1","pages":"24 - 3"},"PeriodicalIF":0.6,"publicationDate":"2020-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/09695958.2019.1699418","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41338574","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-01-02DOI: 10.1080/09695958.2019.1701477
I. Barbero
ABSTRACT The objective of this article is to examine the unexplored role of public defenders who provide legal aid services to immigrants within the debate on the migration control and rescue industries. Although these services are provided by bar associations, public organizations that group private professionals, they are paid for with government funds due to regulations guaranteeing the right to legal defence. The main argument and conclusion of this article is that although lawyers working in these services receive public compensation for the legal aid they provide, they generally become public defenders due to personal beliefs, such as a commitment to protecting the rights of foreigners.
{"title":"Legal aid services in Spain within the migration industry debate. Public policy, business or social compromise?","authors":"I. Barbero","doi":"10.1080/09695958.2019.1701477","DOIUrl":"https://doi.org/10.1080/09695958.2019.1701477","url":null,"abstract":"ABSTRACT The objective of this article is to examine the unexplored role of public defenders who provide legal aid services to immigrants within the debate on the migration control and rescue industries. Although these services are provided by bar associations, public organizations that group private professionals, they are paid for with government funds due to regulations guaranteeing the right to legal defence. The main argument and conclusion of this article is that although lawyers working in these services receive public compensation for the legal aid they provide, they generally become public defenders due to personal beliefs, such as a commitment to protecting the rights of foreigners.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":"27 1","pages":"45 - 61"},"PeriodicalIF":0.6,"publicationDate":"2020-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/09695958.2019.1701477","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44106291","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-01-02DOI: 10.1080/09695958.2019.1676754
T. Mundy, Nan Seuffert
ABSTRACT This article reports on the findings of a pilot research project investigating current best practices, operating within national law firms in Australia, that support women lawyers in their advancement to partnership and other leadership positions. Academic research and professional body reports suggest that current diversity and inclusion (D&I) initiatives across the private sector are not resulting in significant change to advancement, retention and attrition of women in the legal profession. However, work done by the Women Lawyers’ Association of New South Wales in Australia, through the Data Comparison Project (DCP), indicates that some firms have made better progress than others. Building on the DCP, this article presents the findings of a pilot project involving in-depth interviews with four of the top-achieving national law firms in Australia on gender equity criteria. It finds that these firms are collectively engaging with many of the best practice initiatives for D&I recommended by the current national and international research and scholarship, and in some instances go beyond international best practice. What is apparent, however, is that the current best practices have yet to achieve significant advancement of women, or to break through the glass ceilings that continue to operate for women in large Australian law firms.
{"title":"Are we there yet? Best practices for diversity and inclusion in Australia","authors":"T. Mundy, Nan Seuffert","doi":"10.1080/09695958.2019.1676754","DOIUrl":"https://doi.org/10.1080/09695958.2019.1676754","url":null,"abstract":"ABSTRACT This article reports on the findings of a pilot research project investigating current best practices, operating within national law firms in Australia, that support women lawyers in their advancement to partnership and other leadership positions. Academic research and professional body reports suggest that current diversity and inclusion (D&I) initiatives across the private sector are not resulting in significant change to advancement, retention and attrition of women in the legal profession. However, work done by the Women Lawyers’ Association of New South Wales in Australia, through the Data Comparison Project (DCP), indicates that some firms have made better progress than others. Building on the DCP, this article presents the findings of a pilot project involving in-depth interviews with four of the top-achieving national law firms in Australia on gender equity criteria. It finds that these firms are collectively engaging with many of the best practice initiatives for D&I recommended by the current national and international research and scholarship, and in some instances go beyond international best practice. What is apparent, however, is that the current best practices have yet to achieve significant advancement of women, or to break through the glass ceilings that continue to operate for women in large Australian law firms.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":"27 1","pages":"111 - 81"},"PeriodicalIF":0.6,"publicationDate":"2020-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/09695958.2019.1676754","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46301619","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-01-02DOI: 10.1080/09695958.2020.1733580
Anqi Shen
ABSTRACT Based on an empirical study, this article examines Chinese female judges’ life experiences and worldviews by asking: are women judges feminist or pro-feminism? Given the very nature of feminism, if a large number of women judges are feminist or pro-feminism, they are likely to bring attention to women’s issues in the judiciary and the judicial process. If so, women’s equal participation in courts would make a vital difference in law and judicial production. The article first provides the context of the research on which this article is based. Next, it briefly outlines several key methodological issues. Then, it presents findings on female judges’ perceptions of women’s gender roles, their views about female offending and their awareness of feminism. Finally, it highlights the evidence presented and offers implications of the research.
{"title":"Women judges who judge women offenders: a Chinese case study on gender and judging","authors":"Anqi Shen","doi":"10.1080/09695958.2020.1733580","DOIUrl":"https://doi.org/10.1080/09695958.2020.1733580","url":null,"abstract":"ABSTRACT Based on an empirical study, this article examines Chinese female judges’ life experiences and worldviews by asking: are women judges feminist or pro-feminism? Given the very nature of feminism, if a large number of women judges are feminist or pro-feminism, they are likely to bring attention to women’s issues in the judiciary and the judicial process. If so, women’s equal participation in courts would make a vital difference in law and judicial production. The article first provides the context of the research on which this article is based. Next, it briefly outlines several key methodological issues. Then, it presents findings on female judges’ perceptions of women’s gender roles, their views about female offending and their awareness of feminism. Finally, it highlights the evidence presented and offers implications of the research.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":"27 1","pages":"63 - 79"},"PeriodicalIF":0.6,"publicationDate":"2020-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/09695958.2020.1733580","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48519407","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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