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Contested Emotions: Adversarial Rituals in Non-Adversarial Justice Procedures

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journal contribution
posted on 29.10.2019, 08:55 by Meredith Rossner;David Tait
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.

History

Publication Date

2011

Volume

37

Issue

1

Type

Article

Pages

241–258

AGLC Citation

Meredith Rossner and David Tait, 'Contested Emotions: Adversarial Rituals in Non-Adversarial Justice Procedures' (2011) 37(1) Monash University Law Review 240

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