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Contested emotions: adversarial rituals in non-adversarial justice procedures

Rossner, Meredith (2011) Contested emotions: adversarial rituals in non-adversarial justice procedures. Monash University Law Review, 37 (1). p. 241. ISSN 0311-3140

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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)
Sets: Departments > Law
Date Deposited: 26 Sep 2013 14:15
Last Modified: 22 Aug 2020 23:25
URI: http://eprints.lse.ac.uk/id/eprint/50584

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