ABSTRACT

ABSTRACT The term ‘social context’ refers to the idea that judging is grounded in the

human condition and the society in which it takes place. It is probably no coincidence that

‘differences and disadvantages’ rooted in social context are often at the heart of what

makes cases difficult or contentious. Judicial education addressing social context assists

judges to respond effectively to these challenges. This paper discusses ten principles to guide

social context and gender judicial education, derived from twenty years of experience at

Canada’s National Judicial Institute. These principles propose that judges must lead this

education and should receive support and training to enhance their skills as social context

educators. Non-judges also have an important role to play in ensuring that programs are

credible, in-depth and comprehensive. The content of programs should be shaped around

practical challenges that judges face when confronted with social context factors, and

designed to reflect best practices in adult education. Local customization is beneficial as is

thorough integration of social context throughout the judicial education curriculum. The

value of providing social context and gender education through a judicial education

organization is also considered.