What Kind of Justice Today? Expectations Of ‘Good Justice’, Convergences And Divergences Between Managerial And Judicial Actors And How They Fit Within Management-Oriented Values

• Main Authors: Yves Emery, Lorenzo Gennaro De Santis
• Format: Article
• Language: English
• Published: International Association for Court Administration 2014-06-01
• Series: International Journal for Court Administration
• Subjects: good justice; judges; court managers; Switzerland; expectations; court culture
• Online Access: https://www.iacajournal.org/articles/118

This research aims toward a better understanding of the organizational culture (s) of the Judiciary in Switzerland by analysing what “good justice” means nowadays in this country. It seeks to clarify whether and to which extent the views of a “good justice” of judicial actors (judges without managerial experience) and managerial actors (court managers) are similar, and the possible managerial implications that may result from it. As judges are at the heart of the judicial organization and exert a strong influence on other groups of actors (Sullivan, Warren et al. 1994), the congruence of their expectations with those of court managers will be at the centre of the analysis. Additionally, referring to the conceptual worlds of Boltanski and Thévenot (1991), we analyse how close these expectations are to management-oriented values. We found that almost half of expectations are common to the two groups examined and the main quoted ones are well compatible to NPM precepts. On the other hand those expectations shared exclusively by judges relate to the human side of justice, whereas those specific to court managers focus on the way justice functions.