ABSTRACT

The purpose of this chapter is to attack a caricature of legal theory that has for too long dominated the profession. The caricature suggests that law is impersonal, objective, in the strong sense that its procedures conform to an external truth and that there are correct answers to legal questions because there is an all-encompassing principle for dispute resolution. The chapter criticizes an assumption underlying the views of important commentators on the judicial process concerning issues of neutrality and impartiality in judicial decision-making. It addresses the use of alternative modes of conflict resolution. The chapter forwards a different perspective on the jury trial, one concerned with democratizing the administration of justice and incorporating powerless voices, in particular women's voices, into its processes. More specifically, a justice system framed without considering this fact will be unable to guarantee meaningful equality. In the context of the administration of justice, one partial solution to this question may be the transformation of judicial procedures.