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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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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:
Additional Information: © 2013 Copyright Clearance Center
Divisions: Law
Subjects: K Law > K Law (General)
Date Deposited: 26 Sep 2013 14:15
Last Modified: 21 Aug 2021 23:12

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