Professional Judge

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Corby Susan - One of the best experts on this subject based on the ideXlab platform.

  • Varieties of Labor courts: is there a best model?
    2021
    Co-Authors: Corby Susan
    Abstract:

    This article focuses on labour courts, most of which are ‘mixed’ in that a Professional Judge sits with lay Judges. It traces the organisation and operation of these courts in several countries, finding considerable variation. It also examines a range of criteria to determine labour court effectiveness. It concludes that effectiveness depends on the perception of the stakeholder and also on the criterion that is adopted: a labour court that scores highly on one criterion, may not do so on another. Accordingly, there is no best model

  • Employees as Judges in Europe's labour courts: a conflict of interest?
    'SAGE Publications', 2020
    Co-Authors: Corby Susan, Burgess Peter, Holand Armin
    Abstract:

    Labour courts in many European countries have a tripartite structure, with a Professional Judge sitting with employer and employee lay Judges. This article focuses on employee Judges, who face a potential conflict between their partisan role defending workers and their role as an impartial Judge. Using cognitive dissonance as our theoretical framework and drawing on over a 100 interviews in three European countries, we found that many British and German interviewees said that they had not experienced any conflict of interests. Others, however, reported such conflict, especially initially, and demonstrated adaptation strategies that appeared consistent with cognitive dissonance theory. Moreover, there were national variations: conflict in France appeared more pervasive and enduring than in Britain or Germany

  • Lay and Professional Judges in Europe’s labour courts: does the Professional Judge dominate?
    'Oxford University Press (OUP)', 2020
    Co-Authors: Corby Susan, Burgess Peter, Holand Armin, Michel Helene, Willemez Laurent
    Abstract:

    Several European countries have a first instance ‘mixed’ labour court, that is a judicial panel comprising a Professional Judge and two or more lay Judges, the latter with experience as employees or employers/managers. The lay Judges’ main contribution is their workplace knowledge, but they act in a juridical setting where legal norms prevail, so does the Professional Judge, despite being in a minority, dominate? This article seeks to address this question by focusing on first instance labour courts in Great Britain, Germany and France. Theories of differential power, particularly status characteristics theory, and previous empirical research indicate that Professional Judges dominate, but our findings are more nuanced. Based on 177 interviews in three countries, we find that Professional Judge dominance varies according to the country’s institutional context and the salience of lay Judges’ workplace knowledge. These institutional differences, however, are mediated by the attitudes of the judicial actors. Many interviewees noted that some lay Judges were more prepared to challenge the Professional Judge than others, while others observed that some Professional Judges were more inclusive than others

Willemez Laurent - One of the best experts on this subject based on the ideXlab platform.

  • Lay and Professional Judges in Europe’s labour courts: does the Professional Judge dominate?
    'Oxford University Press (OUP)', 2020
    Co-Authors: Corby Susan, Burgess Peter, Holand Armin, Michel Helene, Willemez Laurent
    Abstract:

    Several European countries have a first instance ‘mixed’ labour court, that is a judicial panel comprising a Professional Judge and two or more lay Judges, the latter with experience as employees or employers/managers. The lay Judges’ main contribution is their workplace knowledge, but they act in a juridical setting where legal norms prevail, so does the Professional Judge, despite being in a minority, dominate? This article seeks to address this question by focusing on first instance labour courts in Great Britain, Germany and France. Theories of differential power, particularly status characteristics theory, and previous empirical research indicate that Professional Judges dominate, but our findings are more nuanced. Based on 177 interviews in three countries, we find that Professional Judge dominance varies according to the country’s institutional context and the salience of lay Judges’ workplace knowledge. These institutional differences, however, are mediated by the attitudes of the judicial actors. Many interviewees noted that some lay Judges were more prepared to challenge the Professional Judge than others, while others observed that some Professional Judges were more inclusive than others

Laurent Willemez - One of the best experts on this subject based on the ideXlab platform.

  • lay and Professional Judges in europe s labour courts does the Professional Judge dominate
    Industrial Law Journal, 2020
    Co-Authors: Susan Corby, Pete Burgess, Armin Holand, Helene Michel, Laurent Willemez
    Abstract:

    Several European countries have a first instance ‘mixed’ labour court, that is a judicial panel comprising a Professional Judge and two or more lay Judges, the latter with experience as employees or employers/managers. The lay Judges’ main contribution is their workplace knowledge, but they act in a juridical setting where legal norms prevail, so does the Professional Judge, despite being in a minority, dominate? This article seeks to address this question by focusing on first instance labour courts in Great Britain, Germany and France. Theories of differential power, particularly status characteristics theory, and previous empirical research indicate that Professional Judges dominate, but our findings are more nuanced. Based on 177 interviews in three countries, we find that Professional Judge dominance varies according to the country’s institutional context and the salience of lay Judges’ workplace knowledge. These institutional differences, however, are mediated by the attitudes of the judicial actors. Many interviewees noted that some lay Judges were more prepared to challenge the Professional Judge than others, while others observed that some Professional Judges were more inclusive than others.

Holand Armin - One of the best experts on this subject based on the ideXlab platform.

  • Employees as Judges in Europe's labour courts: a conflict of interest?
    'SAGE Publications', 2020
    Co-Authors: Corby Susan, Burgess Peter, Holand Armin
    Abstract:

    Labour courts in many European countries have a tripartite structure, with a Professional Judge sitting with employer and employee lay Judges. This article focuses on employee Judges, who face a potential conflict between their partisan role defending workers and their role as an impartial Judge. Using cognitive dissonance as our theoretical framework and drawing on over a 100 interviews in three European countries, we found that many British and German interviewees said that they had not experienced any conflict of interests. Others, however, reported such conflict, especially initially, and demonstrated adaptation strategies that appeared consistent with cognitive dissonance theory. Moreover, there were national variations: conflict in France appeared more pervasive and enduring than in Britain or Germany

  • Lay and Professional Judges in Europe’s labour courts: does the Professional Judge dominate?
    'Oxford University Press (OUP)', 2020
    Co-Authors: Corby Susan, Burgess Peter, Holand Armin, Michel Helene, Willemez Laurent
    Abstract:

    Several European countries have a first instance ‘mixed’ labour court, that is a judicial panel comprising a Professional Judge and two or more lay Judges, the latter with experience as employees or employers/managers. The lay Judges’ main contribution is their workplace knowledge, but they act in a juridical setting where legal norms prevail, so does the Professional Judge, despite being in a minority, dominate? This article seeks to address this question by focusing on first instance labour courts in Great Britain, Germany and France. Theories of differential power, particularly status characteristics theory, and previous empirical research indicate that Professional Judges dominate, but our findings are more nuanced. Based on 177 interviews in three countries, we find that Professional Judge dominance varies according to the country’s institutional context and the salience of lay Judges’ workplace knowledge. These institutional differences, however, are mediated by the attitudes of the judicial actors. Many interviewees noted that some lay Judges were more prepared to challenge the Professional Judge than others, while others observed that some Professional Judges were more inclusive than others

Burgess Peter - One of the best experts on this subject based on the ideXlab platform.

  • Employees as Judges in Europe's labour courts: a conflict of interest?
    'SAGE Publications', 2020
    Co-Authors: Corby Susan, Burgess Peter, Holand Armin
    Abstract:

    Labour courts in many European countries have a tripartite structure, with a Professional Judge sitting with employer and employee lay Judges. This article focuses on employee Judges, who face a potential conflict between their partisan role defending workers and their role as an impartial Judge. Using cognitive dissonance as our theoretical framework and drawing on over a 100 interviews in three European countries, we found that many British and German interviewees said that they had not experienced any conflict of interests. Others, however, reported such conflict, especially initially, and demonstrated adaptation strategies that appeared consistent with cognitive dissonance theory. Moreover, there were national variations: conflict in France appeared more pervasive and enduring than in Britain or Germany

  • Lay and Professional Judges in Europe’s labour courts: does the Professional Judge dominate?
    'Oxford University Press (OUP)', 2020
    Co-Authors: Corby Susan, Burgess Peter, Holand Armin, Michel Helene, Willemez Laurent
    Abstract:

    Several European countries have a first instance ‘mixed’ labour court, that is a judicial panel comprising a Professional Judge and two or more lay Judges, the latter with experience as employees or employers/managers. The lay Judges’ main contribution is their workplace knowledge, but they act in a juridical setting where legal norms prevail, so does the Professional Judge, despite being in a minority, dominate? This article seeks to address this question by focusing on first instance labour courts in Great Britain, Germany and France. Theories of differential power, particularly status characteristics theory, and previous empirical research indicate that Professional Judges dominate, but our findings are more nuanced. Based on 177 interviews in three countries, we find that Professional Judge dominance varies according to the country’s institutional context and the salience of lay Judges’ workplace knowledge. These institutional differences, however, are mediated by the attitudes of the judicial actors. Many interviewees noted that some lay Judges were more prepared to challenge the Professional Judge than others, while others observed that some Professional Judges were more inclusive than others