Rossner, Meredith (2011) Contested emotions: adversarial rituals in non-adversarial justice procedures. Monash University Law Review, 37 (1). p. 241. ISSN 0311-3140
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 |
| Library of Congress subject classification: | K Law > K Law (General) |
| Sets: | Departments > Law |
| Date Deposited: | 26 Sep 2013 14:15 |
| URL: | http://eprints.lse.ac.uk/50584/ |
Actions (login required)
 |
Record administration - authorised staff only |
