Rossner, Meredith (2011) Contested emotions: adversarial rituals in non-adversarial justice procedures. Monash University Law Review, 37 (1). p. 241. ISSN 0311-3140
Full text not available from this repository.Abstract
Non-adversarial justice theories and practices have developed in response to perceived failures of traditional western-style justice processes. However, we argue that while the operations of contemporary court processes might justly be criticised, the philosophical foundations of the common law can provide a framework for understanding nonadversarial justice procedures. Several key features of the adversarial system - lay participation in decision-making, confrontation and representation- are also at the core of many non-adversarial justice processes. This paper explores the ways that non-adversarial approaches, such as restorative justice conferences, indigenous courts and mental health tribunals, embody features of adversarialism in imaginative ways to create effective contemporary justice rituals.
| Item Type: | Article |
|---|---|
| Official URL: | http://heinonline.org/HOL/Contents?handle=hein.jou... |
| Additional Information: | © 2013 Copyright Clearance Center |
| Divisions: | Law |
| Subjects: | K Law > K Law (General) |
| Date Deposited: | 26 Sep 2013 14:15 |
| Last Modified: | 12 Dec 2024 00:01 |
| URI: | http://eprints.lse.ac.uk/id/eprint/50584 |
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