Power Dynamics in Supreme Court Oral Arguments: The Relationship between Gender and Justice-to-Justice Interruptions

IF 0.7 4区 社会学 Q3 Social Sciences
Adam D. Feldman, Rebecca D. Gill
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引用次数: 7

Abstract

Abstract We examine how gendered norms of professional speech affect the ability of female Supreme Court justices to exercise power in oral argument. In this unique dialogue setting, the justices vie for chances to speak. We argue that gender is an embedded characteristic of oral arguments, and implicit assumptions about gender roles lead to disparities in the balance of authority on the Court. Our results show that women are interrupted more than men, which compromises their ability to achieve their goals during oral arguments. This inequity is compounded by the fact that interruptions of female justices by male justices are associated with lower word counts for the interrupted female justices in ways that interruptions by other women are not. The results corroborate conversational and power dynamics previously explored by sociolinguists, but also extend those findings to accommodate the characteristics of more formal, high-stakes discussions involved in the creation of public policy.
最高法院口头辩论中的权力动力学:性别与正义对正义干扰之间的关系
摘要:本文研究职业言论的性别规范如何影响最高法院女法官在口头辩论中行使权力的能力。在这个独特的对话环境中,法官们争夺发言的机会。我们认为,性别是口头辩论的内在特征,而关于性别角色的隐含假设导致了最高法院权力平衡的差异。我们的研究结果表明,女性比男性更容易被打断,这影响了她们在口头辩论中实现目标的能力。男性法官打断女性法官的发言与被打断的女性法官的字数较低有关,而其他女性法官的打断则与此相关,这一事实加剧了这种不平等。研究结果证实了社会语言学家之前对对话和权力动力学的研究,但也扩展了这些发现,以适应更正式的、涉及公共政策制定的高风险讨论的特点。
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来源期刊
CiteScore
0.90
自引率
14.30%
发文量
29
期刊介绍: The Justice System Journal is an interdisciplinary journal that publishes original research articles on all aspects of law, courts, court administration, judicial behavior, and the impact of all of these on public and social policy. Open as to methodological approaches, The Justice System Journal aims to use the latest in advanced social science research and analysis to bridge the gap between practicing and academic law, courts and politics communities. The Justice System Journal invites submission of original articles and research notes that are likely to be of interest to scholars and practitioners in the field of law, courts, and judicial administration, broadly defined. Articles may draw on a variety of research approaches in the social sciences. The journal does not publish articles devoted to extended analysis of legal doctrine such as a law review might publish, although short manuscripts analyzing cases or legal issues are welcome and will be considered for the Legal Notes section. The Justice System Journal was created in 1974 by the Institute for Court Management and is published under the auspices of the National Center for State Courts. The Justice System Journal features peer-reviewed research articles as well as reviews of important books in law and courts, and analytical research notes on some of the leading cases from state and federal courts. The journal periodically produces special issues that provide analysis of fundamental and timely issues on law and courts from both national and international perspectives.
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