{"title":"《大声疾呼:加拿大最高法院的女性与异议行为》","authors":"Susan W. Johnson, R. Reid","doi":"10.1080/0098261x.2020.1768185","DOIUrl":null,"url":null,"abstract":"Abstract The Supreme Court of Canada (SCC) has stronger norms of consensus and preferences for unanimous decisions than its American counterpart. Given this powerful preference for collegial and unanimous decisions, what causes it to break down? Previous literature has left this question largely unexamined, and no empirical research examines how gender affects decisions to dissent on the Supreme Court of Canada. This article thus fills this lacuna by analyzing the role of gender in dissenting behavior on the Supreme Court of Canada from 1984 to 2015. We analyze dissenting behavior in criminal and civil liberties cases, as well as sexual assault and equality cases, which may drive previously identified gender voting differences. We find that women dissent more frequently than their male peers, especially when their policy preferences diverge. Furthermore, we examine three competing theories of social dynamic panel effects to determine how the increased presence of women impact women’s decision to dissent. We find evidence of some self-silencing by women, where women become emboldened to dissent more as more women join the panel. Gender diversification explains dissenting behavior at the Canadian Supreme Court more accurately and across a broader array of case categories than institutional or case-specific legal factors.","PeriodicalId":45509,"journal":{"name":"Justice System Journal","volume":null,"pages":null},"PeriodicalIF":0.7000,"publicationDate":"2020-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":"{\"title\":\"Speaking Up: Women and Dissenting Behavior in the Supreme Court of Canada\",\"authors\":\"Susan W. Johnson, R. Reid\",\"doi\":\"10.1080/0098261x.2020.1768185\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Abstract The Supreme Court of Canada (SCC) has stronger norms of consensus and preferences for unanimous decisions than its American counterpart. Given this powerful preference for collegial and unanimous decisions, what causes it to break down? Previous literature has left this question largely unexamined, and no empirical research examines how gender affects decisions to dissent on the Supreme Court of Canada. This article thus fills this lacuna by analyzing the role of gender in dissenting behavior on the Supreme Court of Canada from 1984 to 2015. We analyze dissenting behavior in criminal and civil liberties cases, as well as sexual assault and equality cases, which may drive previously identified gender voting differences. We find that women dissent more frequently than their male peers, especially when their policy preferences diverge. Furthermore, we examine three competing theories of social dynamic panel effects to determine how the increased presence of women impact women’s decision to dissent. We find evidence of some self-silencing by women, where women become emboldened to dissent more as more women join the panel. Gender diversification explains dissenting behavior at the Canadian Supreme Court more accurately and across a broader array of case categories than institutional or case-specific legal factors.\",\"PeriodicalId\":45509,\"journal\":{\"name\":\"Justice System Journal\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":0.7000,\"publicationDate\":\"2020-06-15\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"1\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Justice System Journal\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://doi.org/10.1080/0098261x.2020.1768185\",\"RegionNum\":4,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"Social Sciences\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Justice System Journal","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1080/0098261x.2020.1768185","RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"Social Sciences","Score":null,"Total":0}
Speaking Up: Women and Dissenting Behavior in the Supreme Court of Canada
Abstract The Supreme Court of Canada (SCC) has stronger norms of consensus and preferences for unanimous decisions than its American counterpart. Given this powerful preference for collegial and unanimous decisions, what causes it to break down? Previous literature has left this question largely unexamined, and no empirical research examines how gender affects decisions to dissent on the Supreme Court of Canada. This article thus fills this lacuna by analyzing the role of gender in dissenting behavior on the Supreme Court of Canada from 1984 to 2015. We analyze dissenting behavior in criminal and civil liberties cases, as well as sexual assault and equality cases, which may drive previously identified gender voting differences. We find that women dissent more frequently than their male peers, especially when their policy preferences diverge. Furthermore, we examine three competing theories of social dynamic panel effects to determine how the increased presence of women impact women’s decision to dissent. We find evidence of some self-silencing by women, where women become emboldened to dissent more as more women join the panel. Gender diversification explains dissenting behavior at the Canadian Supreme Court more accurately and across a broader array of case categories than institutional or case-specific legal factors.
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.