Realising the Potential of Judging

Monash University Law Review, Vol. 37, No. 1, pp. 171, 2011

Monash University Faculty of Law Legal Studies Research Paper No. 04

17 Pages Posted: 8 Aug 2012

See all articles by Michael S. King

Michael S. King

Monash University - Faculty of Law

Date Written: 2011

Abstract

This article contends that judicial officers should not only have knowledge of the interpersonal dimension of judging, but also of the techniques required to negotiate the different situations that may arise - whether it is a witness with special needs, a victim who breaks down in the witness box, an angry litigant, a defendant who is deflated, having relapsed into drug use after a long period of abstinence, or a person in the public gallery who is upset about what is happening in the courtroom. Depending on the situation, judging in these contexts may require particular listening and communication skills, the expression of empathy, the use of techniques of persuasion or motivational interviewing, the use of techniques to settle child witnesses and collaborative problem-solving techniques.

Keywords: judges, judicial officers, solution-focused, therapeutic jurisprudence, interpersonal

JEL Classification: K00, K19, K20, K29, K30, K39, K40, K41, K42, K49

Suggested Citation

King, Michael S., Realising the Potential of Judging (2011). Monash University Law Review, Vol. 37, No. 1, pp. 171, 2011, Monash University Faculty of Law Legal Studies Research Paper No. 04, Available at SSRN: https://ssrn.com/abstract=2125718

Michael S. King (Contact Author)

Monash University - Faculty of Law ( email )

Wellington Road
Clayton, Victoria 3800
Australia

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