ORCID Profile
0000-0002-7892-0099
Current Organisation
Flinders University
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In Research Link Australia (RLA), "Research Topics" refer to ANZSRC FOR and SEO codes. These topics are either sourced from ANZSRC FOR and SEO codes listed in researchers' related grants or generated by a large language model (LLM) based on their publications.
Law | Law And Society | Justice Systems And Administration | Legal Institutions (incl. Courts and Justice Systems) | Social Change | Public Administration | Social Change | Law and Society | Sociology | Forensic Psychology
Understanding legal processes | The professions and professionalisation | Professions and Professionalisation | Legal Processes | Public services management | Changing work patterns |
Publisher: SAGE Publications
Date: 05-1992
DOI: 10.1177/0730888492019002004
Abstract: Over the past 2 decades, the legal profession in the United States and Australia has undergone critical changes including growth, specialization, the entry of women, increasing salaried employment, and the relaxation on advertising constraints. Many argue that these developments undermine the profession's autonomy, self-regulation, and control over the terms and organization of work and suggest that the law is becoming deprofessionalized. By accepting, albeit implicitly, the attribute model of the professions, these theorists necessarily interpret change as “profession damaging.” This article examines the implications of recent developments for the status of the legal profession in both societies and questions whether they diminish professional control and prerogative or constitute new forms of organization. It concludes that recent changes demonstrate that various segments within the profession are making jurisdictional claims and strengthening their positions vis-à-vis employers, competing occupational groups, clients, and other segments of the profession. Increasing heterogeneity within the legal profession enables greater flexibility and versatility in the long term. For the most part, short-term conflicts are contained within the profession.
Publisher: Queensland University of Technology
Date: 04-07-2022
DOI: 10.5204/IJCJSD.2236
Abstract: In March 2020, when emergency powers legislation was invoked in South Australia to manage COVID-19, the South Australian Abortion Action Coalition (saaac) had been c aigning to decriminalise abortion since 2015. The group quickly realised that COVID-19 restrictions would lify pre-existing difficulties for abortion providers and their patients and focused its efforts on persuading members of the government and the Chief Public Health Officer to use emergency powers to suspend aspects of abortion law to enable better and safer access to abortion services, specifically medical abortion via telehealth. This article offers an account of saaac’s 2020 c aign and asks why the needs of abortion patients and their healthcare providers were sidelined at the height of the COVID-19 lockdown in SA in early 2020.
Publisher: Onati International Institute for the Sociology of Law
Date: 16-04-2019
DOI: 10.35295/OSLS.IISL/0000-0000-0000-1032
Abstract: Judicial work requires judicial officers to manage their own emotions and related conduct, as well as to anticipate, interpret, respond to and manage emotions and behaviours of others, most visibly in the interaction order of the courtroom. A detailed, sociological analysis of judicial interview data reveals the ways judicial officers themselves understand, manage and use emotion in their everyday work. Judicial emotion work is more than a purely in idual or personal enterprise. It operates in accordance with explicit and implicit feeling and display rules, cultural scripts and legal norms that shape the relation between emotion and judging. The ways judicial officers articulate their understanding of emotion in their everyday work reveals their reproduction and potential transformation of the boundaries between emotion and their status as judge. These findings reposition emotion work as central to judicial performance and enable emotion itself to be recognised as a positive judicial resource. El trabajo judicial exige que los funcionarios judiciales gestionen sus emociones y los comportamientos relacionados, así como que anticipen, interpreten, respondan a y gestionen emociones y comportamientos de otros, sobre todo en la interacción dentro del juzgado. Un análisis sociológico detallado de datos de entrevistas revela cómo los propios funcionarios entienden, gestionan y usan la emoción en su trabajo cotidiano. El trabajo emocional judicial es algo más que un esfuerzo in idual o personal opera en consonancia con normas explícitas e implícitas de sentir y expresarse, normas culturales y normas jurídicas que modelan la relación entre emoción y judicatura. La forma en que los funcionarios articulan su concepto de la emoción en su trabajo cotidiano revela la forma en que reproducen y, potencialmente, transforman los límites entre la emoción y su estatus como jueces. Estos hallazgos reposicionan el trabajo emocional en el centro del trabajo judicial y posibilitan que la emoción sea reconocida como un recurso judicial positivo.
Publisher: SAGE Publications
Date: 04-2009
DOI: 10.1375/ACRI.42.1.1
Abstract: In Australia (as elsewhere) most criminal defendants plead guilty and do not contest the charges at trial. Our research suggests that guilty pleas can result from an intersectional process, in which in-court events interact with out-of-court activities and discussions. This article draws on an observational study of criminal matters in Australian lower courts. It examines the early stages of in-court proceedings, in particular the ways in which the judicial officer's — here the magistrate — decisions about adjournments, contribute to and are driven by the guilty plea production process.While Australian magistrates and judges have no direct role in or even knowledge of the substance of plea or charge bargaining, they can influence the circumstances for a prompt guilty plea.
Publisher: SAGE Publications
Date: 03-2005
Publisher: SAGE Publications
Date: 12-2003
Publisher: SAGE Publications
Date: 25-11-2015
Abstract: The dominant image of judicial authority is emotional detachment however, judicial work involves emotion. This presents a challenge for researchers to investigate emotions where they are disavowed. Two projects, one in Australia and another in Sweden, use multiple sociological research methods to study judicial experience, expression, and management of emotion. In both projects, observational research examines judicial officers’ display of emotion in court, while interviews investigate judicial emotional experiences. Surveys in Australia identify emotions judicial officers generally find important in their work in Sweden, shadowing allows researchers to investigate in idual judicial emotion experiences and expression. Evaluating the different methods used demonstrates the limitations and effectiveness of particular research designs, the value of multiple methods and the challenges for researching emotion.
Publisher: SAGE Publications
Date: 09-07-2015
Abstract: In the courtroom legal authority must be performed by the presiding judicial officer. It is also a social situation where information and emotions must be managed in face-to-face interactions. This paper investigates how magistrates perform their authority in the delivery of decisions in open court. An observational study of criminal cases in Australian lower courts shows that magistrates communicate sentencing decisions in a distinct manner. Magistrates frequently look and speak directly to the person being sentenced (the defendant), in line with everyday conversational conventions, and preface their decision with explanations, which allow for some engagement with the defendant. When delivering other kinds of decisions (in criminal cases), such as adjournments, magistrates display less engagement with the defendant. These findings underscore the important ways in which the embodied presence of the defendant and the interactional dimensions of the courtroom can impact on the legal process and the legitimacy of judicial authority.
Publisher: Wiley
Date: 10-2001
Publisher: Wiley
Date: 20-03-2007
Publisher: SAGE Publications
Date: 05-2014
Publisher: SAGE Publications
Date: 09-2007
Abstract: This article examines the judgecraft required when judicial officers actively manage the time pressures created by long and unpredictable case lists. It considers the implications of this time management for the legitimate exercise of judicial authority. In particular, we focus on the strategy of altering the temporal sequence of the list by standing matters down and recalling them later in the list. This strategy, especially when initiated by the judicial officer, is analysed in light of the temporal goals of getting through the list on the day and moving cases along towards final resolution, and the ideological and practical requirements of legitimate judicial authority within the adversary system. The article is based on a court observation study of the general criminal list, concentrating on the role of the presiding judicial officer — the magistrate — in the lower courts of Australia. The research demonstrates that magistrates exercise considerable judgecraft which achieves temporal goals and can create space for a more engaged and therefore more legitimate decision-making process however, their capacity to do so is limited by the judicial role and the roles allocated to others by conventional adversarial norms and practices.
Publisher: SAGE Publications
Date: 2011
Publisher: SAGE Publications
Date: 12-2002
Publisher: Wiley
Date: 02-1990
Publisher: SAGE Publications
Date: 03-1994
Publisher: Wiley
Date: 2000
Publisher: SAGE Publications
Date: 06-2008
Abstract: Over the past 20 years or so, magistrates courts in Australia have undergone significant change, in particular, separation from the public service and credentialization, indicating greater professionalization. One important reason for separating the magistracy from the public service was to establish magistrates' independence as judicial officers, a distinctive form of professional autonomy. Drawing on a national study of magistrates and their courts, this article investigates the impact of separation from the public service and credentialization on magistrates' occupational location, and considers other dimensions of professionalization, specifically occupational status and prestige. While the professionalization of magistrates has increased, it can also be seen as incomplete. Some magistrates are dissatisfied with their autonomy, especially in relation to workload, and there is some dissatisfaction with their perceptions of the prestige and standing of their judicial office, especially in comparison with judges in the higher courts.
Publisher: Informa UK Limited
Date: 2012
Publisher: SAGE Publications
Date: 1990
DOI: 10.1177/000169939003300105
Abstract: Surrogate motherhood agreements have stimulated widespread public, governmental and academic debate. Much ot the discussion focuses on commercial contracts which are generally condemned, whereas more support exists for altruistic agreements. The paper argues that the distinction between commercial and altruistic surrogacy is neither self-evident nor natural. By examining two recent surrogacy cases it concludes that the distinction is based on gender norms specifyng that love and affection not self-intercstedness or financial gain should underlie women's motivations to have children.
Publisher: Cambridge University Press (CUP)
Date: 2010
DOI: 10.1111/J.1747-4469.2009.01180.X
Abstract: The demeanor exhibited by a judge is a key element in criminal proceedings, especially in direct interactions with the defendant, defense representatives, and prosecutors. The judicial demeanor(s) displayed must meet the normative confines of the judicial role—primarily impartiality—within the practical constraints of long case lists, when interactions are subject to considerable time pressure. Drawing on findings from an extensive national court observation study, this article examines the varied demeanors displayed by magistrates—the presiding judicial officers—in Australia's lower courts. It explores the complex meanings of these demeanors, and considers how they may enhance or undermine the legitimacy of judicial authority.
Publisher: Cambridge University Press (CUP)
Date: 21-07-2222
DOI: 10.1017/S1744552316000240
Abstract: Recent theorising about feminist judging has concentrated on appellate courts and their judgments. This paper develops a conceptualisation of feminist judging in lower, first instance courts, which are dominated by high case volume and limited time for each matter, with decisions given orally and ex tempore rather than in elaborated written judgments. Through careful accounts of the philosophy, goals and practices of conventional as well as newer, more engaged approaches to judging, the paper compares and contrasts feminist judging with other approaches to judging in the lower courts. This entails considering dimensions such as the judicial officer's orientation to substantive law and practice in court, concepts of fairness, ethical commitments, the view of the defendant, and judicial qualities and capacities.
Publisher: Cambridge University Press (CUP)
Date: 2020
DOI: 10.1086/703700
Abstract: Judicial ethics and conduct guides emphasize dignity, decorum, patience, and courtesy, contributing to an understanding of judging as rational, detached, and unemotional. However, these are also interactional capacities, implying the presence of emotion and emotion work. Empirical research finds that judicial officers express considerable awareness of the need for judicial emotional capacities and emotion work and undertake a range of strategies to manage emotion. This judicial experience shows that available guidance does not adequately address emotion in judicial officers’ everyday work. Improved guidance will explicitly recognize judicial work as an interactional space, generating emotion and demanding emotion work.
Publisher: Edward Elgar Publishing
Date: 18-12-2020
Publisher: SAGE Publications
Date: 08-1996
Publisher: Springer Science and Business Media LLC
Date: 09-1993
DOI: 10.1007/BF01115050
Publisher: SAGE Publications
Date: 20-12-2014
Abstract: This article examines job satisfaction among judicial officers in Australia. Increasing numbers of women have entered the judiciary and their job satisfaction is a key route to understanding their experiences of this elite role. This paper applies concepts of job satisfaction to the judiciary and investigates gender differences. Data from two national surveys demonstrate that women and men across the Australian judiciary express very high levels of overall job satisfaction, though areas of dissatisfaction exist, in particular regarding work–life balance. Gender differences do not appear to be direct, but mediated by other characteristics which are gender-related. Broadly, these findings demonstrate that a full understanding of job satisfaction now requires attention to family/domestic demands and commitments and the workplace context, as well as to the intrinsic nature of the work and the extrinsic characteristics of the job.
Publisher: Palgrave Macmillan
Publisher: SAGE Publications
Date: 08-1999
DOI: 10.1177/144078339903500205
Abstract: This paper examines sociologists' current interest in the topics of human rights and globalisation. Some descnbe a world where everyone has rights (or at least a modicum of rights), because we are all human, and we all interact and communicate with one another in a global environment which will (it is argued), result in greater toleration and recognition of differences. In contrast, this paper emphasises the political instability of rights in a world characterised by vast economic inequalities which does not fit neatly into some of the visions of international or global community being proposed. Rather than the inevitability of rights discourse, I argue that it is the force of law that demands human problems be cast in the language of rights and rights language is legal language. Nonetheless, there has been relatively little attention paid by sociologists to the institutions, especially courts, for ex le, that will recognise and enforce those rights designated as human rights. The paper closes with some suggestions for further sociological endeavour in this regard.
Publisher: SAGE Publications
Date: 11-1992
DOI: 10.1177/0038038592026004007
Abstract: Despite women's entry into the legal profession differences remain in men's and women's employment opportunities. This paper examines the way organizational practices affect the recruitment of men and women lawyers by comparing twelve in-house legal departments in manufacturing and financial services corporations. On the whole, women lawyers are less likely to be employed in the former. This pattern can be explained by the different requirements of each sector for specific legal skills and their recruitment of lawyers from various segments of the labour market in which women and men are differentially distributed.
Publisher: Springer International Publishing
Date: 2018
Publisher: SAGE Publications
Date: 12-1994
Publisher: Queensland University of Technology
Date: 22-05-2017
Abstract: Research into sentencing is undertaken from a range of theoretical, disciplinary and methodological perspectives. Each approach offers valuable insights, including a conception of the judge, sometimes explicit, often implicit. Little scholarly attention has been paid to directly interrogating the ways in which different research traditions construct the judge in the sentencing process. By investigating how different research approaches locate the judge as an actor in sentencing, theoretically and empirically, this article addresses that gap. It considers key ex les of socio-legal scholarship which emphasise the judge as operating within experiential, emotional and social, as well as legal dimensions. This growing body of research offers a more social, relational and interactive understanding of the judge in sentencing, extending and complementing the valuable, but necessarily limited, insights of other research approaches about the place of the judge in sentencing.
Publisher: SAGE Publications
Date: 20-04-2016
Abstract: Observation is an important component of research to examine complex social settings and is well-established for studying courtroom dynamics and judicial behaviour. However, the many activities occurring at once and the multiple participants, lay and professional, make it impossible for a sole researcher to observe and understand everything occurring in the courtroom. This article reports on the use of two researchers to undertake court observations, in two different studies, each nested in a different research design. The social nature of data collection and the value of dialogue between the two researchers in interpreting observed events, especially when studying emotion, are readily apparent in both studies.
Publisher: SAGE Publications
Date: 06-2008
Publisher: Onati International Institute for the Sociology of Law
Date: 12-2019
DOI: 10.35295/OSLS.IISL/0000-0000-0000-1095
Abstract: This special issue of Oñati Socio-legal Series, titled Judging, Emotion and Emotion Work, is the result of presentations and discussions during an interdisciplinary workshop at the International Institute for the Sociology of Law (IISL) held in May 2018. This issue builds on the growing critique of the dispassionate ideal of judicial work, combining original theoretical insights with imaginative empirical analyses to extend the understanding of emotion in judging. Fifteen articles are presented in four themes: Theoretical, cultural and historical perspectives Tensions of the dispassionate ideal Social dynamics of emotion in judging and Research methods, empirical insights and [changing] judicial practice. The international ersity of contributions recognises similarities and differences in the structure and organization of courts and the judiciary, and socio-cultural variations in emotional experience and expression. Este número de Oñati Socio-legal Series, titulado Judging, Emotion and Emotion Work, es el resultado de las exposiciones y debates de un seminario interdisciplinar celebrado en el Instituto Internacional de Sociología Jurídica (IISJ) en mayo de 2018. El número se basa en la creciente crítica del ideal desapasionado del trabajo judicial, combinando perspectivas teóricas originales con análisis empíricos imaginativos, a fin de liar la comprensión de la emoción en el trabajo judicial. Se presentan quince artículos en cuatro temas: Perspectivas teóricas, culturales e históricas Tensiones del ideal desapasionado Dinámicas sociales de la emoción en el trabajo judicial y Métodos de investigación, perspectivas empíricas y trabajo judicial [cambiante]. El carácter erso e internacional de los artículos reconoce similitudes y diferencias en la estructura y organización de los juzgados y de la judicatura, y variaciones socioculturales en la experiencia y expresión de la emoción.
Publisher: Oxford University Press
Date: 11-11-2012
Publisher: Springer International Publishing
Date: 2018
Publisher: OpenEdition
Date: 15-12-2015
DOI: 10.4000/ECES.1955
Publisher: SAGE Publications
Date: 25-05-2010
Publisher: Wiley
Date: 18-04-2012
Publisher: SAGE Publications
Date: 06-1990
DOI: 10.1177/089124390004002005
Abstract: Despite increasing numbers of women lawyers, gender segregation within the legal profession in the United States continues. The present article examines interorganizational differences in the employment of 34 men and 34 women lawyers in 12 in-house legal departments that varied by size and industry in corporations located in the northeast United States. There were differences among the firms with respect to the number, position, and salary of men and women lawyers. The findings suggest that women in-house counsel do not enter the same type of practice or organizations, obtain the same positions, or earn the same salaries as men. The differential employment patterns, the article concludes, stem largely from organizational contingencies, such as a firm's market position, perceived needs, the kinds of rewards and training offered, and recruitment strategies. It also suggests that men's and women's differential location in the labor pool results not from their own career choices but from employer's hiring and work-allocation decisions that provide them with different experiences and expertise, which in turn constrain future employment options.
Publisher: SAGE Publications
Date: 03-1992
DOI: 10.1177/089124392006001003
Abstract: Recent cases in the United States and Australia have catapulted surrogacy into the forefront of debates and public policy regarding new procreative technologies, even though gestating and birthing a baby for another woman does not necessarily involve artificial insemination or in vitro fertilization. Feminists have condemned commercial surrogacy because it borders on baby selling and exploits women. Similar criticism has appeared in the mass media, but these forums, as well as the medical profession, have considered noncommercial surrogacy as more acceptable because of the absence of monetary exchange. Using two cases of surrogacy, this article argues that the distinction between commercial and altruistic surrogacy is socially constructed rather than based on self-evident or intrinsic differences. Both types of surrogacy involve the application of pervasive gender norms specifying that women's motivations to have children should be based on emotion, selflessness, and caring, not on self-interest, financial incentives, or pragmatism. Applying these norms renders commercial surrogacy deviant, but altruistic arrangements more acceptable. However, the article's central argument is that both types of agreement can entail exploitation, the denial of the birth mother's rights, and the severe reduction of her autonomy.
Publisher: SAGE Publications
Date: 06-2001
Publisher: SAGE Publications
Date: 12-1992
DOI: 10.1177/144078339202800305
Abstract: The increase in the number of women law students and lawyers is well-documented in Australia, as elsewhere. As a result of this increase some theorists suggest that women bring to the law a 'different voice' which will enable such values as caring, conciliation, empathy and mediation to become more central to legal practice. Others disagree that the maleness of law can be changed by increasing women's entry or by placing more value on so-called female qualities. What is absent, however, is the integration of empirical research and theory assertions about women and law remain unexamined and unsubstantiated. This paper examines the processes whereby men and women lawyers are recruited to in-house legal departments and describes the type of work performed. The central argument is that women's locations within the legal profession must be investigated in order to assess the ways in which work settings constrain or enable different approaches to legal work.
Publisher: Wiley
Date: 13-11-2021
DOI: 10.1111/JOLS.12321
Abstract: Much of the literature on feminist judging concentrates on judges and judging in appellate and superior courts. This article extends that literature by investigating whether and how feminist judging manifests in lower courts, which deal with the vast bulk of criminal offences and civil claims. It does so through analysis of transcripts of non‐trial criminal proceedings in Australian magistrates courts, focusing on judicial practices rather than the gender or other known characteristics of the magistrates. Clear instances of feminist judging are relatively rare. Where they occur, they are often in the form of isolated feminist ‘moments’ rather than a magistrate exhibiting a distinct feminist orientation. The article reflects on what these findings suggest about the nature of judging in lower courts and the possibilities for feminist judging in that context.
Publisher: Springer International Publishing
Date: 2018
Publisher: SAGE Publications
Date: 08-05-2014
Publisher: SAGE Publications
Date: 12-2004
Publisher: Routledge
Date: 11-07-2020
Publisher: Elsevier BV
Date: 2007
DOI: 10.2139/SSRN.998419
Publisher: Springer Science and Business Media LLC
Date: 1992
DOI: 10.1007/BF00290125
Publisher: Edward Elgar Publishing
Date: 27-04-2021
Publisher: Routledge
Date: 31-01-2019
Publisher: SAGE Publications
Date: 03-1999
Publisher: JSTOR
Date: 1992
DOI: 10.2307/1410062
Publisher: SAGE Publications
Date: 02-1992
DOI: 10.1177/0038038592026001003
Abstract: This case study of social workers employed in three organisations suggests that conflict and tension arising from specific bureaucratic requirements combined with professional workers' claims for autonomy are not the invariable or inevitable outcome of organisational employment. Indeed, by defining spheres of competence and exclusive jurisdiction, organisational guide-lines protect social workers from encroachment by, and competition with members of other professions. This thereby strengthens the position and increases the legitimacy of social work within an organisation. In addition, social workers depend upon complex organisations for essential resources including employment opportunities and clients thereby contributing to professional-organisational interdependence and integration.
Publisher: Wiley
Date: 12-2005
Publisher: Informa UK Limited
Date: 23-09-2024
Publisher: SAGE Publications
Date: 03-1994
Publisher: SAGE Publications Ltd
Date: 2006
Publisher: Cambridge University Press
Date: 31-05-2021
Publisher: Palgrave Macmillan UK
Date: 2017
Publisher: SAGE Publications
Date: 13-01-2023
DOI: 10.1177/14407833211066926
Abstract: Responses to the Covid-19 pandemic include the generation of new norms and shifting expectations about everyday, ordinary behaviour, management of the self, and social interaction. Central to the amalgam of new norms is the way information and instructions are communicated, often in the form of simple images and icons in posters and signs that are widespread in public settings. This article combines two sociological concerns – social control and visual research – to investigate the ways social interaction is being recalibrated during the pandemic. It focuses on some of the imagery relied on in public information about the coronavirus and investigates the form and content of various signs, instructions, and notices for their normative underpinnings, their advice and directives which attempt to modify and regulate erse activities.
Publisher: Palgrave Macmillan UK
Date: 2013
Publisher: Informa UK Limited
Date: 25-05-2018
Publisher: Springer Science and Business Media LLC
Date: 27-02-2009
Publisher: International Association for Court Administration
Date: 15-12-2012
DOI: 10.18352/IJCA.87
Publisher: Informa UK Limited
Date: 10-07-2019
Start Date: 2006
End Date: 12-2010
Amount: $505,000.00
Funder: Australian Research Council
View Funded ActivityStart Date: 01-2007
End Date: 12-2011
Amount: $117,889.00
Funder: Australian Research Council
View Funded ActivityStart Date: 2010
End Date: 12-2014
Amount: $370,000.00
Funder: Australian Research Council
View Funded ActivityStart Date: 04-2002
End Date: 12-2006
Amount: $510,120.00
Funder: Australian Research Council
View Funded ActivityStart Date: 2015
End Date: 12-2022
Amount: $459,445.00
Funder: Australian Research Council
View Funded ActivityStart Date: 05-2022
End Date: 05-2025
Amount: $540,000.00
Funder: Australian Research Council
View Funded Activity