Performing Judicial Authority in the Lower Courts

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 Courtsdraws 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.

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Performing Judicial Authority in the Lower Courts

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 Courtsdraws 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.

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Performing Judicial Authority in the Lower Courts

Performing Judicial Authority in the Lower Courts

by Sharyn Roach Anleu, Kathy Mack
Performing Judicial Authority in the Lower Courts

Performing Judicial Authority in the Lower Courts

by Sharyn Roach Anleu, Kathy Mack

Hardcover(1st ed. 2017)

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Overview

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 Courtsdraws 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.


Product Details

ISBN-13: 9781137521583
Publisher: Palgrave Macmillan UK
Publication date: 11/25/2016
Series: Palgrave Socio-Legal Studies Series
Edition description: 1st ed. 2017
Pages: 200
Product dimensions: 6.00(w) x 9.30(h) x 2.50(d)

About the Author

Sharyn Roach Anleu isis Matthew Flinders Distinguished Professor in the School of Social and Policy Studies at Flinders University, Adelaide, and a Fellow of the Australian Academy of the Social Sciences in Australia.She has published widely on sociology of law, deviance and social control, and gender in the legal profession.

Kathy Mack is an Emerita Professor in the Flinders Law School at Flinders University, Australia.She is the author of a monograph, book chapters and articles on alternative dispute resolution, and articles on legal education and evidence. With her co-author, Sharyn Roach Anleu, she has also conducted empirical research involving plea negotiations.

Table of Contents

Preface.- 1. Lower courts, judicial officers and legitimacy.- 2. Lower Courts.- 3. Everyday work in the lower courts.- 4. Judicial attitudes towards every day work.- 5. Time management.- 6. Demeanour in court.- 7. Delivering decisions in court.- 8. Conclusion.

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