Kathy Mack
Dados Biográficos
| ID | 297217 |
|---|---|
| NOME | Kathy Mack |
| PRENOMES | Kathy |
| SOBRENOME | Mack |
| ASSINATURA | MACK K |
| AFILIAÇÕES | Flinders University |
| ORCID | 0009-0003-9486-8985 |
| VERIFICADO | Sim |
| TOTAL DE OBRAS | 25 |
| TOTAL DE CITAÇÕES | 82 |
| TOTAL COMO AUTOR | 26 |
| TOTAL COMO EDITOR | 0 |
| PRIMEIRO ANO DE PUBLICAÇÃO | 1994 |
| ANO MAIS RECENTE DE PUBLICAÇÃO | 2023 |
| ÍNDICE H | 6 |
Empirical research with judicial officers
This article examines the history of a large multi-year, national empirical research project into the Australian judiciary undertaken by the two co-authors. We consider the different phases of the project, discuss what worked and what did not, and offer some suggestions for future research involving judicial officers and their courts. The research project entailed negotiating collaboration with and access to judicial officers and court staff on a…
Judging and Emotion
Judging and Emotion investigates how judicial officers understand, experience, display, manage and deploy emotions in their everyday work, in light of their fundamental commitment to impartiality. Judging and Emotion challenges the conventional assumption that emotion is inherently unpredictable, stressful or a personal quality inconsistent with impartiality. Extensive empirical research with Australian judicial officers demonstrates the ways emo…
Judging and Emotion
Conclusion
Feminist judging in lower courts
Much of the literature on feminist judging concentrates on judges and judging in appellate and superior courts. This article extends that literature by investigating whether and how feminist judging manifests in lower courts, which deal with the vast bulk of criminal offences and civil claims. It does so through analysis of transcripts of non‐trial criminal proceedings in Australian magistrates courts, focusing on judicial practices rather than t…
Judicial Ethics, Everyday Work, and Emotion Management
Judicial ethics and conduct guides emphasize dignity, decorum, patience, and courtesy, contributing to an understanding of judging as rational, detached, and unemotional. However, these are also interactional capacities, implying the presence of emotion and emotion work. Empirical research finds that judicial officers express considerable awareness of the need for judicial emotional capacities and emotion work and undertake a range of strategies …
A Sociological Perspective on Emotion Work and Judging
Judicial work requires judicial officers to manage their own emotions and related conduct, as well as to anticipate, interpret, respond to and manage emotions and behaviours of others, most visibly in the interaction order of the courtroom. A detailed, sociological analysis of judicial interview data reveals the ways judicial officers themselves understand, manage and use emotion in their everyday work. Judicial emotion work is more than a purely…
Introducing an Interdisciplinary Frontier to Judging, Emotion and Emotion Work
This special issue of Oñati Socio-legal Series, titled Judging, Emotion and Emotion Work, is the result of presentations and discussions during an interdisciplinary workshop at the International Institute for the Sociology of Law (IISL) held in May 2018. This issue builds on the growing critique of the dispassionate ideal of judicial work, combining original theoretical insights with imaginative empirical analyses to extend the understanding of e…
Judging in lower courts
Recent theorising about feminist judging has concentrated on appellate courts and their judgments. This paper develops a conceptualisation of feminist judging in lower, first instance courts, which are dominated by high case volume and limited time for each matter, with decisions given orally and ex tempore rather than in elaborated written judgments. Through careful accounts of the philosophy, goals and practices of conventional as well as newer…
Observing judicial work and emotions
Observation is an important component of research to examine complex social settings and is well-established for studying courtroom dynamics and judicial behaviour. However, the many activities occurring at once and the multiple participants, lay and professional, make it impossible for a sole researcher to observe and understand everything occurring in the courtroom. This article reports on the use of two researchers to undertake court observati…
Comparación de mujeres y hombres de experiencias en la judicatura australiana
Uno de los cambios más significativos que han tenido lugar en la última mitad del siglo veinte es la participación de las mujeres en profesiones de tradición masculina, incluyendo la judicatura. Sin embargo, aunque las cantidades de mujeres estén en aumento, ellas aún constituyen sólo una pequeña proporción de la judicatura. Este artículo de publicación trata de dos aspectos específicos de las experiencias y actitudes de las mujeres en relación c…
Job satisfaction in the judiciary
This article examines job satisfaction among judicial officers in Australia. Increasing numbers of women have entered the judiciary and their job satisfaction is a key route to understanding their experiences of this elite role. This paper applies concepts of job satisfaction to the judiciary and investigates gender differences. Data from two national surveys demonstrate that women and men across the Australian judiciary express very high levels …
Performing Authority
In the courtroom legal authority must be performed by the presiding judicial officer. It is also a social situation where information and emotions must be managed in face-to-face interactions. This paper investigates how magistrates perform their authority in the delivery of decisions in open court. An observational study of criminal cases in Australian lower courts shows that magistrates communicate sentencing decisions in a distinct manner. Mag…
In-Court Judicial Behaviours, Gender and Legitimacy
Two important recent developments are the increasing gender diversity of the judiciary and a turn towards newer forms of judging that rely on more direct judicial interaction with court users. Empirical research into the views and attitudes of men and women in the Australian judiciary reveals a strong shared commitment to core judicial values such as impartiality as the most essential qualities for judicial work. Slightly larger proportions of wo…
Legal Architecture
Entering the Australian Judiciary
There is considerable attention to increasing judicial diversity along a range of dimensions, in particular, gender. Women remain underrepresented in many courts, especially at the higher levels of the judiciary. A comprehensive socio‐legal study of the Australian judiciary compares experiences and attitudes of women who have become judicial officers at different levels of the court hierarchy. Understanding their personal and professional backgro…
Performing Impartiality
The demeanor exhibited by a judge is a key element in criminal proceedings, especially in direct interactions with the defendant, defense representatives, and prosecutors. The judicial demeanor(s) displayed must meet the normative confines of the judicial role—primarily impartiality—within the practical constraints of long case lists, when interactions are subject to considerable time pressure. Drawing on findings from an extensive national court…
Gender, Judging and Job Satisfaction
The professionalization of Australian magistrates
Over the past 20 years or so, magistrates courts in Australia have undergone significant change, in particular, separation from the public service and credentialization, indicating greater professionalization. One important reason for separating the magistracy from the public service was to establish magistrates' independence as judicial officers, a distinctive form of professional autonomy. Drawing on a national study of magistrates and their co…
Senses of Seascapes
This paper seeks to aesthetically explore the relationship between passion and knowledge. Some of the challenges associated with aesthetic readings surround the location, evocation and representation of multi-sensory experiences and aesthetic expressions. Place-based research indicates that places are important for both aesthetics and meaning. This symbiotic connection between aesthetics and `senses of place' opens an important gangway through wh…
Going to Sea
Aesthetic approaches seek to enrich knowledge about the ‘sensible’ aspects of experience. The ‘aesthetic dimension’ of shipboard organizational life is evoked and co‐created through multiple aesthetic categories such as the agogic, the sacred, and the sublime rendered through multiple sensory experiences of life aboard. A researcher and sailor‐informant co‐authored aesthetic reading contributes to a growing niche of aesthetic‐based research withi…
Getting Through the List
This article examines the judgecraft required when judicial officers actively manage the time pressures created by long and unpredictable case lists. It considers the implications of this time management for the legitimate exercise of judicial authority. In particular, we focus on the strategy of altering the temporal sequence of the list by standing matters down and recalling them later in the list. This strategy, especially when initiated by th…
Magistrates, Magistrates Courts, and Social Change
Relatively little attention has been paid to lower courts’ capacity to bring about social change, despite the fact that most citizens who come into contact with the judicial system will have their case considered (and most likely only considered) by these courts. Often these citizens experience a range of problems that are social in origin, including precarious employment, welfare dependence, financial hardship, and various health problems, inclu…
Magistrates' Everyday Work and Emotional Labour
The concept of emotional labour describes the management of emotions as part of everyday work performance. Much of the research in this field has been in relation to jobs in the service sector where (mostly female) employees are required to shape their own feelings in order to make customers or clients feel at ease, comfortable or happy. There has been relatively little attention paid to the importance of emotional labour in professional occupati…
Legal Feminism - Now and Then
(2004). ‘Legal Feminism – Now and Then?’. Australian Feminist Law Journal: Vol. 20, No. 1, pp. 1-6
Getting Through the List
This article examines the judgecraft required when judicial officers actively manage the time pressures created by long and unpredictable case lists. It considers the implications of this time management for the legitimate exercise of judicial authority. In particular, we focus on the strategy of altering the temporal sequence of the list by standing matters down and recalling them later in the list. This strategy, especially when initiated by th…
Performing Impartiality
The demeanor exhibited by a judge is a key element in criminal proceedings, especially in direct interactions with the defendant, defense representatives, and prosecutors. The judicial demeanor(s) displayed must meet the normative confines of the judicial role—primarily impartiality—within the practical constraints of long case lists, when interactions are subject to considerable time pressure. Drawing on findings from an extensive national court…
Magistrates, Magistrates Courts, and Social Change
Relatively little attention has been paid to lower courts’ capacity to bring about social change, despite the fact that most citizens who come into contact with the judicial system will have their case considered (and most likely only considered) by these courts. Often these citizens experience a range of problems that are social in origin, including precarious employment, welfare dependence, financial hardship, and various health problems, inclu…
Magistrates' Everyday Work and Emotional Labour
The concept of emotional labour describes the management of emotions as part of everyday work performance. Much of the research in this field has been in relation to jobs in the service sector where (mostly female) employees are required to shape their own feelings in order to make customers or clients feel at ease, comfortable or happy. There has been relatively little attention paid to the importance of emotional labour in professional occupati…
Job satisfaction in the judiciary
This article examines job satisfaction among judicial officers in Australia. Increasing numbers of women have entered the judiciary and their job satisfaction is a key route to understanding their experiences of this elite role. This paper applies concepts of job satisfaction to the judiciary and investigates gender differences. Data from two national surveys demonstrate that women and men across the Australian judiciary express very high levels …
Gender, Judging and Job Satisfaction
Entering the Australian Judiciary
There is considerable attention to increasing judicial diversity along a range of dimensions, in particular, gender. Women remain underrepresented in many courts, especially at the higher levels of the judiciary. A comprehensive socio‐legal study of the Australian judiciary compares experiences and attitudes of women who have become judicial officers at different levels of the court hierarchy. Understanding their personal and professional backgro…
The professionalization of Australian magistrates
Over the past 20 years or so, magistrates courts in Australia have undergone significant change, in particular, separation from the public service and credentialization, indicating greater professionalization. One important reason for separating the magistracy from the public service was to establish magistrates' independence as judicial officers, a distinctive form of professional autonomy. Drawing on a national study of magistrates and their co…
Observing judicial work and emotions
Observation is an important component of research to examine complex social settings and is well-established for studying courtroom dynamics and judicial behaviour. However, the many activities occurring at once and the multiple participants, lay and professional, make it impossible for a sole researcher to observe and understand everything occurring in the courtroom. This article reports on the use of two researchers to undertake court observati…
Performing Authority
In the courtroom legal authority must be performed by the presiding judicial officer. It is also a social situation where information and emotions must be managed in face-to-face interactions. This paper investigates how magistrates perform their authority in the delivery of decisions in open court. An observational study of criminal cases in Australian lower courts shows that magistrates communicate sentencing decisions in a distinct manner. Mag…
Judging in lower courts
Recent theorising about feminist judging has concentrated on appellate courts and their judgments. This paper develops a conceptualisation of feminist judging in lower, first instance courts, which are dominated by high case volume and limited time for each matter, with decisions given orally and ex tempore rather than in elaborated written judgments. Through careful accounts of the philosophy, goals and practices of conventional as well as newer…
Going to Sea
Aesthetic approaches seek to enrich knowledge about the ‘sensible’ aspects of experience. The ‘aesthetic dimension’ of shipboard organizational life is evoked and co‐created through multiple aesthetic categories such as the agogic, the sacred, and the sublime rendered through multiple sensory experiences of life aboard. A researcher and sailor‐informant co‐authored aesthetic reading contributes to a growing niche of aesthetic‐based research withi…
B. v.R
Legal Feminism - Now and Then
(2004). ‘Legal Feminism – Now and Then?’. Australian Feminist Law Journal: Vol. 20, No. 1, pp. 1-6
Magistrates' Everyday Work and Emotional Labour
The concept of emotional labour describes the management of emotions as part of everyday work performance. Much of the research in this field has been in relation to jobs in the service sector where (mostly female) employees are required to shape their own feelings in order to make customers or clients feel at ease, comfortable or happy. There has been relatively little attention paid to the importance of emotional labour in professional occupati…
Senses of Seascapes
This paper seeks to aesthetically explore the relationship between passion and knowledge. Some of the challenges associated with aesthetic readings surround the location, evocation and representation of multi-sensory experiences and aesthetic expressions. Place-based research indicates that places are important for both aesthetics and meaning. This symbiotic connection between aesthetics and `senses of place' opens an important gangway through wh…
Going to Sea
Aesthetic approaches seek to enrich knowledge about the ‘sensible’ aspects of experience. The ‘aesthetic dimension’ of shipboard organizational life is evoked and co‐created through multiple aesthetic categories such as the agogic, the sacred, and the sublime rendered through multiple sensory experiences of life aboard. A researcher and sailor‐informant co‐authored aesthetic reading contributes to a growing niche of aesthetic‐based research withi…
Getting Through the List
This article examines the judgecraft required when judicial officers actively manage the time pressures created by long and unpredictable case lists. It considers the implications of this time management for the legitimate exercise of judicial authority. In particular, we focus on the strategy of altering the temporal sequence of the list by standing matters down and recalling them later in the list. This strategy, especially when initiated by th…
Magistrates, Magistrates Courts, and Social Change
Relatively little attention has been paid to lower courts’ capacity to bring about social change, despite the fact that most citizens who come into contact with the judicial system will have their case considered (and most likely only considered) by these courts. Often these citizens experience a range of problems that are social in origin, including precarious employment, welfare dependence, financial hardship, and various health problems, inclu…
The professionalization of Australian magistrates
Over the past 20 years or so, magistrates courts in Australia have undergone significant change, in particular, separation from the public service and credentialization, indicating greater professionalization. One important reason for separating the magistracy from the public service was to establish magistrates' independence as judicial officers, a distinctive form of professional autonomy. Drawing on a national study of magistrates and their co…
Gender, Judging and Job Satisfaction
Performing Impartiality
The demeanor exhibited by a judge is a key element in criminal proceedings, especially in direct interactions with the defendant, defense representatives, and prosecutors. The judicial demeanor(s) displayed must meet the normative confines of the judicial role—primarily impartiality—within the practical constraints of long case lists, when interactions are subject to considerable time pressure. Drawing on findings from an extensive national court…
In-Court Judicial Behaviours, Gender and Legitimacy
Two important recent developments are the increasing gender diversity of the judiciary and a turn towards newer forms of judging that rely on more direct judicial interaction with court users. Empirical research into the views and attitudes of men and women in the Australian judiciary reveals a strong shared commitment to core judicial values such as impartiality as the most essential qualities for judicial work. Slightly larger proportions of wo…
Legal Architecture
Entering the Australian Judiciary
There is considerable attention to increasing judicial diversity along a range of dimensions, in particular, gender. Women remain underrepresented in many courts, especially at the higher levels of the judiciary. A comprehensive socio‐legal study of the Australian judiciary compares experiences and attitudes of women who have become judicial officers at different levels of the court hierarchy. Understanding their personal and professional backgro…
Performing Authority
In the courtroom legal authority must be performed by the presiding judicial officer. It is also a social situation where information and emotions must be managed in face-to-face interactions. This paper investigates how magistrates perform their authority in the delivery of decisions in open court. An observational study of criminal cases in Australian lower courts shows that magistrates communicate sentencing decisions in a distinct manner. Mag…
Job satisfaction in the judiciary
This article examines job satisfaction among judicial officers in Australia. Increasing numbers of women have entered the judiciary and their job satisfaction is a key route to understanding their experiences of this elite role. This paper applies concepts of job satisfaction to the judiciary and investigates gender differences. Data from two national surveys demonstrate that women and men across the Australian judiciary express very high levels …
Comparación de mujeres y hombres de experiencias en la judicatura australiana
Uno de los cambios más significativos que han tenido lugar en la última mitad del siglo veinte es la participación de las mujeres en profesiones de tradición masculina, incluyendo la judicatura. Sin embargo, aunque las cantidades de mujeres estén en aumento, ellas aún constituyen sólo una pequeña proporción de la judicatura. Este artículo de publicación trata de dos aspectos específicos de las experiencias y actitudes de las mujeres en relación c…
Judging in lower courts
Recent theorising about feminist judging has concentrated on appellate courts and their judgments. This paper develops a conceptualisation of feminist judging in lower, first instance courts, which are dominated by high case volume and limited time for each matter, with decisions given orally and ex tempore rather than in elaborated written judgments. Through careful accounts of the philosophy, goals and practices of conventional as well as newer…
Observing judicial work and emotions
Observation is an important component of research to examine complex social settings and is well-established for studying courtroom dynamics and judicial behaviour. However, the many activities occurring at once and the multiple participants, lay and professional, make it impossible for a sole researcher to observe and understand everything occurring in the courtroom. This article reports on the use of two researchers to undertake court observati…
A Sociological Perspective on Emotion Work and Judging
Judicial work requires judicial officers to manage their own emotions and related conduct, as well as to anticipate, interpret, respond to and manage emotions and behaviours of others, most visibly in the interaction order of the courtroom. A detailed, sociological analysis of judicial interview data reveals the ways judicial officers themselves understand, manage and use emotion in their everyday work. Judicial emotion work is more than a purely…
Introducing an Interdisciplinary Frontier to Judging, Emotion and Emotion Work
This special issue of Oñati Socio-legal Series, titled Judging, Emotion and Emotion Work, is the result of presentations and discussions during an interdisciplinary workshop at the International Institute for the Sociology of Law (IISL) held in May 2018. This issue builds on the growing critique of the dispassionate ideal of judicial work, combining original theoretical insights with imaginative empirical analyses to extend the understanding of e…
Judicial Ethics, Everyday Work, and Emotion Management
Judicial ethics and conduct guides emphasize dignity, decorum, patience, and courtesy, contributing to an understanding of judging as rational, detached, and unemotional. However, these are also interactional capacities, implying the presence of emotion and emotion work. Empirical research finds that judicial officers express considerable awareness of the need for judicial emotional capacities and emotion work and undertake a range of strategies …
Judging and Emotion
Judging and Emotion investigates how judicial officers understand, experience, display, manage and deploy emotions in their everyday work, in light of their fundamental commitment to impartiality. Judging and Emotion challenges the conventional assumption that emotion is inherently unpredictable, stressful or a personal quality inconsistent with impartiality. Extensive empirical research with Australian judicial officers demonstrates the ways emo…
Judging and Emotion
Conclusion
Feminist judging in lower courts
Much of the literature on feminist judging concentrates on judges and judging in appellate and superior courts. This article extends that literature by investigating whether and how feminist judging manifests in lower courts, which deal with the vast bulk of criminal offences and civil claims. It does so through analysis of transcripts of non‐trial criminal proceedings in Australian magistrates courts, focusing on judicial practices rather than t…
Political science (20 obras) · Law (19 obras) · Sociology (15 obras) · Law (14 obras) · Law in Society and Culture (14 obras) · Psychology (11 obras) · Legal Education and Practice Innovations (9 obras) · Politics (8 obras) · Social Psychology (8 obras) · Judicial and Constitutional Studies (6 obras)