Research Handbook on Law and Courts
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Research Handbook on Law and Courts

Edited by Susan M. Sterett and Lee D. Walker

The Research Handbook on Law and Courts provides a systematic analysis of new work on courts as governing institutions. Authors consider how courts have taken on regulating fundamental categories of inclusion and exclusion, including citizenship rights. Courts’ centrality to governance is addressed in sections on judicial processes, sub-national courts, and political accountability, all analyzed in multiple legal/political systems. Other chapters turn to analyzing the worldwide push for diversity in staffing courts. Finally, the digitization of records changes both court processes and studying courts. Authors included in the Handbook discuss theoretical, empirical and methodological approaches to studying courts as governing institutions. They also identify promising areas of future research.
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Chapter 17: The gender and judging project: equity in Germany

Ulrike Schultz

Abstract

In the past two decades in Europe, considerable efforts have been taken to promulgate diversity and set the legal basis for antidiscrimination measures. These rules are not always successfully translated into practice. In spite of the difference between judges in common law countries who are chosen from experienced practitioners and the career judges in civil law countries who start their positions in their late twenties, in both systems an individualisation of hiring and promotion may hinder equity. Diversity is also considered to be important for bringing the full range of views and experiences into the adjudication process, and is demanded for equity in representation on the bench. Do gender, age, sexual orientation and other diversity factors of judges influence the outcome of proceedings? And can gender and diversity training at the judiciary level outweigh deficits? Examples mainly from Germany illustrate these questions.

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