2011
DOI: 10.1177/0964663910388857
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Judges and Their Work

Abstract: The article discusses judicial activism in the light of research into the attitudes of English judges, and a comparator group of US judges, towards judicial selection, judicial training and sentencing practice. Noting commonalities and shared perspectives, it is argued that the findings indicate enduring features of occupational culture that originate in relations within the legal workgroup and the practical craft of judging. Against the context of highly conventional attitudes, a conservative form of judicial… Show more

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Cited by 37 publications
(30 citation statements)
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“…Interviews and group discussions were conducted via AG with graduate students, and then group discussions were conducted between judges at British and U.S. courts to demonstrate that AG could be used for fieldwork outside academic settings, bringing an international dimension to research without the cost or carbon footprint of travel. The interview and group discussion data were integrated with courtroom observation and data from surveys of crime victims and witnesses to demonstrate that the established concept of ''judicial activism'' (Galanter, Palen, & Thomas, 1979) extends not only to progressive judicial radicalism but to a conservative variant that elevates judicial discretion at the expense of victim interests (Fielding, 2011).…”
Section: Integration Of Multistream Visual Datamentioning
confidence: 99%
“…Interviews and group discussions were conducted via AG with graduate students, and then group discussions were conducted between judges at British and U.S. courts to demonstrate that AG could be used for fieldwork outside academic settings, bringing an international dimension to research without the cost or carbon footprint of travel. The interview and group discussion data were integrated with courtroom observation and data from surveys of crime victims and witnesses to demonstrate that the established concept of ''judicial activism'' (Galanter, Palen, & Thomas, 1979) extends not only to progressive judicial radicalism but to a conservative variant that elevates judicial discretion at the expense of victim interests (Fielding, 2011).…”
Section: Integration Of Multistream Visual Datamentioning
confidence: 99%
“…Sociolegal scholars have discussed the importance of judicial cultures arising in different courts and courtrooms (Conley and O-Barr, 1988;Fielding, 2011; see also Griffiths et al (2013) for an early discussion of the current study), and the univariate analysis may hint at different cultures between First Tier hearing centres. Indeed, other correlations we performed lend anecdotal support to this hypothesis.…”
Section: Discussionmentioning
confidence: 99%
“…3 There is no prima facie reason that these considerations should not apply equally to policymakers. Indeed, such questions have been addressed, at different levels of abstraction, in my own work (Annison, (2014a;2014b) and by scholars including Bauman (1989), Barker and Wilson (1997) Carlen (2008) and Fielding (2011).…”
Section: Reflexivitymentioning
confidence: 99%