Gender and Judging

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 now, 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.

Auteur

Ulrike Schultz is a senior academic in law at the FernUniversität in Hagen, Germany. She heads the International Working Group on the Comparative Study of Legal Professions and has been a member of the Oñati International Institute for the Sociology of Law Governing Board since 2006.

Gisela Shaw, Emeritus Professor of German Studies at the University of the West of England, Bristol, UK, has worked and published in philosophy, literature and legal sociology.

Contenu

Introduction: Gender and Judging: Overview and Synthesis
Ulrike Schultz and Gisela Shaw

PART 1: PIONEERS AND EMINENT WOMEN JUDGES

1.1. Becoming the First Women Judges in Ontario: Women Lawyers, Gender and the Politics of Judicial Appointment
Mary Jane Mossman

1.2. Profiles in Leadership: Eminent Women Judges in the United States
Elaine Martin

1.3. The Entry and Integration of Women into Judicial Positions in Israel
Eyal Katvan

1.4. First Female Judges in the Weimar Republic in Germany: Reflections on Difference
Marion Röwekamp

PART 2: WOMEN JUDGES' WORK AND CAREERS

2.1. Feminisation of the French 'Magistrature': Gender and Judging in a Feminised Context
Anne Boigeol

2.2. 'I was noticed and I was asked ...' Women's Careers in the Judiciary. Results of an empirical study for the Ministry of Justice in Northrhine-Westfalia, Germany
Ulrike Schultz

2.3. Women Judges and Magistrates in Kenya: Challenges, Opportunities and Contributions
Winifred Kamau

2.4. The Impact of Women on the Administration of Justice in Syria and the Judicial Selection Process
Monique C Cardinal

2.5. Skills for Judicial Work: Comparing Women Judges and Women Magistrates
Kathy Mack and Sharyn Roach Anleu

2.6. Professional Stress, Discrimination and Coping Strategies: Similarities and Differences between Female
and Male Judges in Switzerland
Revital Ludewig and Juan LaLlave

PART 3: GENDER PERSPECTIVES IN JUDGING

3.1. Gendered Experiences of a Judge in Germany
Ruth Herz

3.2. Women Judges in the Netherlands
Bregje Dijksterhuis

3.3. Gender and Judging in Traditional and Modern Societies: A Comparison of Two Case Studies (Ivory Coast and Italy)
Maria Rita Bartolomei

3.4. Gender Arguments and Gender Perspective in Legal Judgments in Argentina
Andrea L Gastron, M Angela Amante and Rubén Rodriguez

3.5. Do Women on South Africa's Courts Make a Difference?
Ruth B Cowan

PART 4: GENDERED CONSTRUCTION OF JUDGES

4.1. 'May it Please the Court'. Forming Sexualities as Judicial Virtues in Judicial Swearing-in Ceremonies
Leslie J Moran

4.2. Let History Judge? Gender, Race, Class and Performative Identity: A Study of Women Judges in England and Wales
Hilary Sommerlad

PART 5: FEMINIST JUDGES AND FEMINIST ADJUDICATION

5.1. Must Feminist Judges Self-identify as Feminists?
Beverley Baines

5.2. Justice Marcia Neave: Case Study of a Feminist Judge
Rosemary Hunter

5.3. What's in a Label? Argentine Judges' Reluctance to Call Themselves Feminists
Beatriz Kohen

5.4. A Feminist Adjudication Process: Is There Such a Thing?
Reg Graycar

PART 6: QUOTAS AND DIVERSITY

6.1. Which Judicial Selection Systems Generate the most Women Judges? Lessons from the United States
Sally J Kenney

6.2. Gender Quotas for the Judiciary in England and Wales
Kate Malleson

6.3. Rethinking Judicial Diversity
Erika Rackley

PART 7: GENDER AND JUDICIAL EDUCATION

7.1. Gender and Judicial Education in India
Ann Stewart

7.2. Gender and Judicial Education in Japan
Kayo Minamino

7.3. Engendering the Judiciary-Lessons from the Philippines
Atsuko Miwa

7.4. Gender Training for the Judiciary in Cambodia
Keiko Sawa

7.5. Do German Judges Need Gender Education?
Ulrike Schultz