Inclusive judging

Rosemary Hunter

Chapter 9 in Research Handbook on Judging and the Judiciary, 2025, pp 168-191 from Edward Elgar Publishing

Abstract: This chapter is concerned with inclusive judging, in the sense of fulfilling the requirement of procedural justice that all individuals are treated with dignity and respect. Inclusive judging is not simply ‘judging as usual’, and the ways in which judging traditionally has not been inclusive are identified. Techniques of inclusive judging are considered, based on studies of ‘real world’ instances of inclusive judging, as well as imagined approaches derived from feminist and other critical judgment rewriting projects. This also enables reflection on the limits of inclusivity that can be exercised by individual judges. The chapter then examines alternative, more consciously inclusive justice processes. Examples are both real, such as problem-solving courts, and imagined, such as people's tribunals. It concludes by speculating on the future of inclusive judging and the types of inclusivity that may or may not be systemically embraced.

Keywords: Alternative justice processes; Feminist and critical judgment projects; Inclusive judging; Judicial decision-making; Judicial diversity; Procedural justice (search for similar items in EconPapers)
Date: 2025
ISBN: 9781788978736
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