CLASS 6 – WEEK 8 – THE JUDICIARY AND
DIVERSITY
This week we will look at a contemporary debate about diversity in the legal profession. The
aim of the class is to get you to reflect on what we mean by concepts such as neutrality,
independence and diversity and to consider why they are important. Issues around judicial
diversity have been the subject of much media attention in recent years. In this class we will
consider the nature of the links between the legitimacy and effectiveness of the legal system
and those who judge in it. We will also consider what might be done to improve the
representation of women and BME people in the legal profession.
Readings:
o Confronting Gender Equality (LSE article), pp. 38-43
o Judicial Diversity and Decision Making, pp. 119-141
o Taking Silk: An Empirical Study of the Award of Queen’s
Counsel Status 1981–2015, pp. 971-100362
QUESTIONS
1. What do we mean when we talk about judicial neutrality and independence? Why are
these issues important?
2. What evidence is there of lack of diversity in the judiciary?
3. Does diversity in the judiciary or among the legal profession matter, and if so, why?
4. What obstacles to judicial diversity do you think exist? How could these be
overcome?
5. Do you think that achieving diversity presents a challenge to traditional ways of
judging and judicial reasoning? Should it?
Q) “There is considerable interest in judicial diversity in contemporary debate about the legal
profession but those who argue in favour of it often ignore the fact that it will inevitably lead
to challenges in the way our judges approach the task of judging’. Discuss.
ROSEMARY HUNTER
Would having a more diverse judiciary have an impact on judicial decision making?
YES! She proposes three symbolic reasons, including equality and empathy as well as
gender stability. Women can understand each other better; Penny Darbyshire’s article
is provided as an example, where it basically says that judge sides with female litigant
as she understands her as a female as well.
Allows for a symbolic representation of society.
She says that men care more for the ethic of justice whilst females care more about
care, sympathy and are more sensitive (Carol Gilligan).
BBC Law in Action – 16 students exposed to judgements that are sensitive. Half of
the time they were right, the other half wrong! Erika Rackley concludes that gender
does not make a difference. She also says that judicial precedent is still abided by.
Judges are appointed POLITICALLY (in the US).
DIVERSITY
This week we will look at a contemporary debate about diversity in the legal profession. The
aim of the class is to get you to reflect on what we mean by concepts such as neutrality,
independence and diversity and to consider why they are important. Issues around judicial
diversity have been the subject of much media attention in recent years. In this class we will
consider the nature of the links between the legitimacy and effectiveness of the legal system
and those who judge in it. We will also consider what might be done to improve the
representation of women and BME people in the legal profession.
Readings:
o Confronting Gender Equality (LSE article), pp. 38-43
o Judicial Diversity and Decision Making, pp. 119-141
o Taking Silk: An Empirical Study of the Award of Queen’s
Counsel Status 1981–2015, pp. 971-100362
QUESTIONS
1. What do we mean when we talk about judicial neutrality and independence? Why are
these issues important?
2. What evidence is there of lack of diversity in the judiciary?
3. Does diversity in the judiciary or among the legal profession matter, and if so, why?
4. What obstacles to judicial diversity do you think exist? How could these be
overcome?
5. Do you think that achieving diversity presents a challenge to traditional ways of
judging and judicial reasoning? Should it?
Q) “There is considerable interest in judicial diversity in contemporary debate about the legal
profession but those who argue in favour of it often ignore the fact that it will inevitably lead
to challenges in the way our judges approach the task of judging’. Discuss.
ROSEMARY HUNTER
Would having a more diverse judiciary have an impact on judicial decision making?
YES! She proposes three symbolic reasons, including equality and empathy as well as
gender stability. Women can understand each other better; Penny Darbyshire’s article
is provided as an example, where it basically says that judge sides with female litigant
as she understands her as a female as well.
Allows for a symbolic representation of society.
She says that men care more for the ethic of justice whilst females care more about
care, sympathy and are more sensitive (Carol Gilligan).
BBC Law in Action – 16 students exposed to judgements that are sensitive. Half of
the time they were right, the other half wrong! Erika Rackley concludes that gender
does not make a difference. She also says that judicial precedent is still abided by.
Judges are appointed POLITICALLY (in the US).
