Judging Merit

Merit-based tests and contests have become popular methods for allocating rewards – from trophies to contracts, jobs to grants, admissions to licenses. With origins in jurisprudence, methods of rewarding merit seem fairer than those rewarding political or social connections, bribery, aggression, status, or wealth. Because of this, merit-based competitions are well-suited to the societal belief that people should be rewarded for what they know or do, and not for who they know or are; however, judging merit is rarely an easy task – it is prone to a variety of biases and errors. Small biases and errors, especially in large competitions, can make large differences in who or what is rewarded. It is important, then, to learn how to spot flaws in procedures for judging merit and to correct them when possible. Based on over 20 years of theory and research in human judgment, decision making and social psychology, this unique book brings together for the first time what is known about the processes and problems of judging merit and their consequences. It also provides practical suggestions for increasing the fairness of merit-based competitions, and examines the future and limits of these competitions in society.

Merit-based tests and contests have become popular methods for allocating rewards – from trophies to contracts, jobs to grants, admissions to licenses. With origins in jurisprudence, methods of rewarding merit seem fairer than those rewarding political or social connections, bribery, aggression, status, or wealth. Because of this, merit-based competitions are well-suited to the societal belief that people should be rewarded for what they know or do, and not for who they know or are; however, judging merit is rarely an easy task – it is prone to a variety of biases and errors. Small biases and errors, especially in large competitions, can make large differences in who or what is rewarded. It is important, then, to learn how to spot flaws in procedures for judging merit and to correct them when possible. Based on over 20 years of theory and research in human judgment, decision making and social psychology, this unique book brings together for the first time what is known about the processes and problems of judging merit and their consequences. It also provides practical suggestions for increasing the fairness of merit-based competitions, and examines the future and limits of these competitions in society.

Awarded the 2013 Birks Book Prize by the Society of Legal Scholars, Women, Judging and the Judiciary expertly examines debates about gender representation in the judiciary and the importance of judicial diversity. It offers a fresh look at the role of the (woman) judge and the process of judging and provides a new analysis of the assumptions which underpin and constrain debates about why we might want a more diverse judiciary, and how we might get one. Through a theoretical engagement with the concepts of diversity and difference in adjudication, Women, Judging and the Judiciary contends that prevailing images of the judge are enmeshed in notions of sameness and uniformity: images which are so familiar that their grip on our understandings of the judicial role are routinely overlooked. Failing to confront these instinctive images of the judge and of judging, however, comes at a price. They exclude those who do not fit this mould, setting them up as challengers to the judicial norm. Such has been the fate of the woman judge. But while this goes some way to explaining why, despite repeated efforts, our attempts to secure greater diversity in our judiciary have fallen short, it also points a way forward. For, by getting a clearer sense of what our judges really do and how they do it, we can see that women judges and judicial diversity more broadly do not threaten but rather enrich the judiciary and judicial decision-making. As such, the standard opponent to measures to increase judicial diversity - the necessity of appointment on merit - is in fact its greatest ally: a judiciary is stronger and the justice it dispenses better the greater the diversity of its members, so if we want the best judiciary we can get, we should want one which is fully diverse. Women, Judging and the Judiciary will be of interest to legal academics, lawyers and policy makers working in the fields of judicial diversity, gender and adjudication and, more broadly, to anyone interested in who our judges are and what they do.

To what extent do courts make social and public policy and influence policy change? This innovative text analyzes this question generally and in seven distinct policy areas that play out in both federal and state courts—tax policy, environmental policy, reproductive rights, sex equality, affirmative action, school finance, and same-sex marriage. The authors address these issues through the twin lenses of how state and federal courts must and do interact with the other branches of government and whether judicial policy-making is a form of activist judging. Each chapter uncovers the policymaking aspects of judicial process by investigating the current state of the law, the extent of court involvement in policy change, the responses of other governmental entities and outside actors, and the factors which influenced the degree of implementation and impact of the relevant court decisions. Throughout the book, Howard and Steigerwalt examine and analyze the literature on judicial policy-making as well as evaluate existing measures of judicial ideology, judicial activism, court and legal policy formation, policy change and policy impact. This unique text offers new insights and areas to research in this important field of American politics.

Does gender make a difference to the way the judiciary works and should work? Or is gender-blindness a built-in prerequisite of judicial objectivity? If gender does make a difference, how might this be defined? These are the key questions posed in this collection of essays, by some 30 authors from the following countries; Argentina, Cambodia, Canada, England, France, Germany, India, Israel, Italy, Ivory Coast, Japan, Kenya, the Netherlands, the Philippines, South Africa, Switzerland, Syria and the United States. The contributions draw on various theoretical approaches, including gender, feminist and sociological theories. The book's pressing topicality is underlined by the fact that well into the modern era male opposition to women's admission to, and progress within, the judicial profession has been largely based on the argument that their very gender programmes women to show empathy, partiality and gendered prejudice - in short essential qualities running directly counter to the need for judicial objectivity. It took until the last century for women to begin to break down such seemingly insurmountable barriers. And even now, there are a number of countries where even this first step is still waiting to happen. In all of them, there remains a more or less pronounced glass ceiling to women's judicial careers.

This special issue of Studies in Law, Politics, and Society focuses on the discourse of judging and the "language of judging" within many diverse legal scenarios. The volume features chapters specifically on: the "language of rights" within the context of abortion and same-sex marriage cases; discourses within the European Court of Justice; the mod

This work examines evidence in North American obscenity trials revealing how little consensus there is among those who purport to know best about the nature of artistic representation, human sexuality and the psychological and behavioural effects of digesting explicit sexual narratives and imagery.