Judging images: the making, management and consumption of judicial images

Lead Research Organisation: Birkbeck, University of London
Department Name: Law

Abstract

This project will examine the relationship between judges, judgment and visual media. The judge is an important figure in our society, epitomizing key values and virtues associated with good decision making, fairness, justice and legitimate authority. The media and visual media in particular play a crucial role shaping and communicating representations of judges and judging. Studying their content, production, management and consumption provides new opportunities to examine popular and official representations of good judgment, fairness, and legitimate authority. To do this we will bring together a variety of scholars, practitioners and users to open up new debate about how images of judges and judging are managed, made and consumed.
The topic is multi-dimensional. One element is the long but largely neglected history of judicial image making. This ranges from 14th century funeral monuments, to painted portraits, etchings, photographs and most recently screen images. The architecture and theatre of the courtroom central to the staging and performance of judicial authority and judgment are other elements.
24 hour multichannel TV and view on demand facilities now make watching and scrutinizing judges and judgment an intimate, enduring and ever present possibility in the comfort of the home. Some representations are fictional: domestic and imported courtroom drama. Some are factual, the live streaming and YouTube summary judgments of the UK Supreme Court , TV broadcasts of sentencing decisions currently limited to Scotland and footage of real trials mainly from the US. Others, such as reality TV judges, be it 'Judge Judy' or the judges on Strictly Come Dancing, blur fact and fiction. New technologies (mobile phones, tablets, internet platforms) also create potential for new producers of images, such as 'citizen journalists' to enter the field and new ways of viewing.
Television's apparent preoccupation with judges and judgment potentially creates new levels of 'legal knowledge', new confusions and expectations both realistic and unrealistic about the nature and qualities of good judging. Initiatives to improve the quality of representations, redesigning courtrooms, new court communication initiatives, reforms to allow cameras in courts and debates on the media's role in promoting and undermining confidence in courts are all the subject of intense debate.
The time is ripe for a new multidisciplinary engagement with the nature of judicial images, their production, management, and their effect, particularly their capacity to enhance 'openness', achieve greater 'transparency' or promote 'accountability'. Our aim is to explore the how and why of the production and use of such images. The project will involve three themed symposia; image making, image management, image consumption. One key objective is to use these events to build an international network of leading and early career academics from different disciplines such as law, art history, semiotics, media and communications studies to discuss the current state of knowledge and identify methodological innovations for future research. Another is to bring to the network practitioners in the field such as judges, court communications staff, architects, artists, curators and filmmakers from across jurisdictions, organisations and practices to explore the lived experience of production and consumption. We also seek to break away from traditional academic papers to include site visits and active use of visual media to enhance the work of the symposia.
Key practical benefits of this project will include raising stakeholder awareness of the historical and contemporary nature and significance of visual imagery in the communication of ideas about judges, judging and justice. It will contribute to citizen awareness and education. Finally it seeks to increase the efficiency and effectiveness of public communications relating to the judiciary and confidence in the judiciary.

Planned Impact

A primary goal is to generate widespread stakeholder discussion of the relationship between the justice system and visual media and to prompt changes in the ways stakeholders engage with this interface. In pursuit of its Impact Strategy this project will connect with five groups of actors (a) those who produce images of the judiciary; (b) those whose images are being produced; (c) communications managers and policy makers; (d) the general public and (e) the next generation of lawyers. The impact strategy will aim to challenge the way that lawyers, artists and the public think about, and utilise, legal images.

It is anticipated that this project will enhance the quality of, and debate about, visual languages as they relate to legal subjects within two years of the project start.
1. The Workshops
Judges, commercial visual image makers (film and video, photography, artists, architects), journalists and court communications staff will feature prominently in this project. Practitioners will be central to the setting of agendas for the three planned workshops. Each of the workshops will be designed to facilitate discussion between practitioners and academics and will deliberately seek to explore the interface between their various perspectives and present novel ideas about representation strategies. Visual materials from the seminars will be made available for download on our dedicated website. It is anticipated that these workshop will generate new ideas and ways of thinking about the production of images of the judiciary.
2. Website
The first most enduring output from this project will be a website which will be aimed at all of our target audiences. Materials from the workshops including podcasts, interviews with participants, images and films used by speakers will made accessible through the site. Drawing on their own research the applicants will add to these materials by designing a virtual exhibition of images relating to a variety of different contemporary and historical representations of the judiciary. Visitors to the site will be encouraged to comment on their reaction to the images, make suggestions for additions and to post their own published work there.

Engagement with the exhibition and other materials will be encouraged through two sorts of partnerships. The first will involve collaboration with a group of at least five UK law schools. This will allow the applicants to engage with the next generation of lawyers. The second will involve a partnership with a small group of teachers involved in designing and delivering citizen programmes. It is anticipated that the site and exhibition will provide a valuable resource for teachers and students by providing resources for classes which might focus on issues around legitimacy and authority. To encourage feedback and input into the project Facebook and Twitter facilities will also be linked to the website and the mailing lists of subject associations used to publicise it. Feedback will be monitored and feed into the issues discussed in the final workshop and public lecture. It is hoped that in time the resources provided on the website can be developed with other groups such as the Judicial College.

3. A Public lecture
One of the most important functions of the workshops will be the setting of agendas for future research and dialogue with policy makers. In order to publicise the outcomes of debate the applicants will organise a public lecture which will be held after the workshops. An expert panel comprised of leading members of the judiciary, press, a filmmaker and policy maker will be asked to lead a public debate on an issue which has emerged in the course of the workshops and is likely to capture the public imagination. The LSE events division has considerable experience of hosting events aimed at the public audiences and maximising publicity from them.

Publications

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Moran L (2015) Judicial Pictures as Legal Life-writing Data and a Research Method in Journal of Law and Society

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Moran L (2018) Introduction in International Journal of Law in Context

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Moran L J (2018) Judges Judging and Humor

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Moran L J (2016) Visible Justice: YouTube and the UK Supreme Court in The Annual Review of Interdisciplinary Justice Research

 
Description AHRC Judicial Images Key Findings
Visual media play an increasingly important role in demonstrating that an organisation is 'open' and 'transparent'.
Imagery plays a key role in the presentation of the authority of a judge and in establishing the legitimacy of the institution. Imagery is also central to the way the institution of the judiciary is gendered. It is the way in which gender norms are established in court
Factors impacting on media engagement and use of visual media.
A number of factors were identified as influencing court and judicial engagement with visual media. These include;
The history of the court. For example the UK Supreme Court is a new court in which communication has a particular priority. Courts that are more established come from a tradition that works with different institutional models that work with different perceptions of the media and communication needs relevant to the media. Change will require a change of culture.
The objectives of the organisation. Visual images of the judiciary can be used for a wide variety of purposes. For example the Judicial Appointments Commission uses them on its website to raise awareness of the application for appointment procedure. They are also used to flag the variety of judicial posts. This information comes from the narrative that accompanies the image. Assumptions made about the audience will shape the type of image used and the way it is used.
Resources. Case studies presented to the workshops drew attention to the great disparity between the communications resources available to courts. A small number of courts are well resourced. The vast majority are poorly resourced serving large and diverse judicial communities.
Judicial attitudes to the media. A stark contrast was drawn between a 'distressed purchase' approach to news media, which is to have no contact until you are forced to have contact and a 'proactive' model where 'making judges visible' is a priority and where judges themselves engage actively in creating representations of themselves. These positions represent two ends of a spectrum. Both have dangers for the judiciary, albeit different ones. For many judges once in post communication with the wider community via the media is a low priority and not seen as a key part of 'getting on with the job of being a judge'.
The nature of the judiciary as a profession. A career judiciary in which individuals begin their judicial career at a much earlier age, in their early twenties, may provide a very different setting for consideration of the role of visual media in general and social media in particular. Judges in post appointed under a common law judicial career model in which judicial appointment comes later in a person's career may have had less contact with social media and be more entrenched in their attitudes to it.
The changing structure of the news media. In general the changing landscape of the news media is a major source of challenges that need to be addressed by those involved in making and managing images of the judiciary. Some of the case studies presented noted the collapse of 'legacy news media' (newspapers) as a factor. Others drew attention to the loss of journalistic expertise which had the potential to generate less accurate reporting and a greater pressure on the courts to produce more material for journalists that is 'copy ready'.
Audiences. Audiences are changing in their expectations and ability to engage. Research suggests that viewers of videos broadcast via YouTube have a resistance to watch a video that is more than 3 minutes long. Popular culture provides the images that shape common understandings of the judiciary. 'Judge Judy' or the English equivalent, 'Judge Rinder' is much more likely to shape common assumptions and expectations of who a judge is and the role judges perform. Images made by and for the judiciary attract much smaller audiences and therefor have much more limited impact.
The project has established a network. The network mailing list has 120 members. The network is international with members from Australia, Brazil, Canada, Germany, Holland, Ireland, Israel, Italy, Lithuania, Philippines, Portugal, Romania, Sweden, Switzerland, Ukraine, the USA as well as the UK. Academics in the network are drawn from a variety of disciplinary backgrounds. These include art history, education, fine art, law and socio-legal studies, literature, media and communications, sociology, theatre and performance. The network also includes a variety of practitioners. These include Judges (UK, Romania, Switzerland, Germany); Judicial Appointments Communications (England), Court communications officials (Lithuania, Ireland, Philippines, UK, Ukraine); artists (UK), architects (USA), costume maker (UK), photographer (UK), TV script writer (UK).
Exploitation Route Education: Education of the judiciary early in the career may help to change attitudes to the use of visual media and social media as a tools of judicial communication.
Resources: Openness and transparency is now closely linked to media rather than being limited to face to face encounters. This has resource implications. More resources will be need to support judges in order to satisfy calls for 'open justice'.
Comparative study provides an opportunity to identify and explore creative uses of visual media and social media as communication tools.
Sectors Education,Government, Democracy and Justice

 
Description 1. Meeting with District Judge Tan Ikram who is Deputy Head of Diversity and Community relations judges. Judge agreed to explore incorporation of discussion on images in the next DCJ conference. 2. In March 2016 Professor Moran was invited to attend the UK Supreme Court Art Fund committee to present a proposal for an exhibition devoted to judicial images to be held in the summer of 2017 or 2018. 3. 2017-18 Professor Moran has been in discussions with a USAid led initiative in the Ukraine to hold a judicial images event in that jurisdiction. It is due to take place in April 2018 3. US AID conference on judicial images based upon the AHRC network grant initiative. 4. Feeback given on preliminary test broadcasts from cameras in the Court of Appeal.
First Year Of Impact 2015
Sector Government, Democracy and Justice
Impact Types Policy & public services

 
Description 10th Anniversary AHRC Cultural Engagement Fund
Amount £16,458 (GBP)
Organisation Arts & Humanities Research Council (AHRC) 
Sector Public
Country United Kingdom
Start 02/2016 
End 05/2016
 
Description Collaboration with Lincoln's Inn to stage a tour of the Inn's collection of portraits. 
Organisation The Honourable Society of Lincoln's Inn
Country United Kingdom 
Sector Learned Society 
PI Contribution Collaboration around the identification of key portraits in the Inn of Court's collection.
Collaborator Contribution Archivist and specialist art history knowledge from the Inn's staff. Facilitating access to the collection.
Impact A guided tour of the collection was delivered.
Start Year 2014
 
Description Collaboration with National Centre for Citizenship and Law 
Organisation National Centre for Citizenship & the Law
Country United Kingdom 
Sector Public 
PI Contribution Meetings with the educational development team to review the use of visual images of courts and judges in their educational materials for schools.
Collaborator Contribution They provided educational materials and resources that facilitated collaboration. The also invited me to attend one of their learning events for primary school students.
Impact None
Start Year 2015
 
Description Collaboration with USAID initiative on the judiciary in Ukraine 
Organisation United States Agency for International Development
Department USAID Nove Pravosuddya Justice Sector Reform Program
Country Ukraine 
Sector Public 
PI Contribution Consultancy on role of judicial image making and image management and its impact of the legitimacy of the judiciary. Advice on the links between trust and confidence in the judiciary and judicial images
Collaborator Contribution Brought their expertise in reform of the judiciary in a post Soviet society. Advised on the policy and political challenges of modernising a judiciary.
Impact None
Start Year 2016
 
Description Summer Exhibition at the UK Supreme Court 
Organisation UK Supreme Court
Country United Kingdom 
Sector Public 
PI Contribution I attended a number of meetings with the Head of Communications to discuss curating an exhibition devoted to judicial images. I attended and made a presentation to the Court's Arts committee about the proposal for an exhibition. I advised them on possible sources of research funding to fund the exhibition. I continue to act as an advisor on a project of an exhibition in the summer of 2018 or 2019.
Collaborator Contribution They shared their expertise on organising summer exhibitions for the Court.
Impact The outcome from these meetings was to change the focus of the exhibition to the more general theme of law and to plan to stage the exhibition in either summer 2018 or 2019.
Start Year 2015
 
Description 'Effervescent, comic, dramatic, sensitive, sensible and proudly camp': 'Judge Rinder' and the televisual formation of virtues of judicial authority in the UK in the 21st century. 
Form Of Engagement Activity A formal working group, expert panel or dialogue
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Other audiences
Results and Impact The goal of this paper was to examine the cultural traditions that the UK's only reality TV court judge draws upon in the performance of judicial authority in the show 'Judge Rinder'
Year(s) Of Engagement Activity 2017
 
Description 'Judging Images' 
Form Of Engagement Activity A magazine, newsletter or online publication
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Professional Practitioners
Results and Impact Raised awareness of the 'Judicial images network' initiative.

Invitation by Ben Wilson Head of Communications at the UK Supreme Court to discuss curating an exhibition of judicial images in 2016 at the Court.
Year(s) Of Engagement Activity 2014
 
Description Carte de visite and the judicial image 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach Local
Primary Audience Other audiences
Results and Impact A presentation given in the Sociology about current work on technology and visual legal culture in the 19th century. It generated a number of questions about the methods and data being used.
Year(s) Of Engagement Activity 2017
 
Description Carte de visite and the judicial image 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Professional Practitioners
Results and Impact Between 70-100 attended the conference and exhibition on legal iconography in Bruges. The aim of my presentation was to promote awareness and debate about the first photographic images of judges produced in the UK in the 1860's. The paper introduced the audience to a new area of research and sparked questions relating to this widening interest and debate in legal iconography and technology.
Year(s) Of Engagement Activity 2017
 
Description Conference New Delhi 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Professional Practitioners
Results and Impact Conference' Law by other means: Picturing law, politics and justice' Jawaharlal Nehru University Delhi India (2015)
Year(s) Of Engagement Activity 2015
 
Description International workshop 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Study participants or study members
Results and Impact Special multi-disciplinary workshop on judges judging and emotions.
Year(s) Of Engagement Activity 2018
 
Description Judge Rinder: people's friend or enemy of the people 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Other audiences
Results and Impact The goal of this paper was to examine the impact of technology on audience participation in reality TV court shows in the UK.
Year(s) Of Engagement Activity 2017
 
Description Judicial Images blog 
Form Of Engagement Activity A magazine, newsletter or online publication
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Public/other audiences
Results and Impact Raised awareness of the judicial images project.

None identified.
Year(s) Of Engagement Activity 2014
URL http://blogs.bbk.ac.uk/research/2014/09/30/judicial-images/
 
Description Judicial Images website 
Form Of Engagement Activity A magazine, newsletter or online publication
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Other academic audiences (collaborators, peers etc.)
Results and Impact Positive feedback from visitors to the webpages

Requests for more information and interest in joining the network.
Year(s) Of Engagement Activity 2014
URL http://judicialimages.org
 
Description Judicial celebrity in the 19th century: Photography, mass media and the revolution in the production and consumption of judicial pictures 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach Local
Primary Audience Other audiences
Results and Impact The goal of this lecture was to report on research that is designed to raise awareness of the link between popular understandings of judicial activity and authority and technology from a historical perspective.
Year(s) Of Engagement Activity 2017
 
Description Judicial imagery 
Form Of Engagement Activity A formal working group, expert panel or dialogue
Part Of Official Scheme? No
Geographic Reach Regional
Primary Audience Postgraduate students
Results and Impact The paper was presented at a workshop entitled 'Through the legal lens' that focused on the role of visual culture in shaping popular and professional understandings of law and crime. The goal of my paper was to add research on images of judges to the agenda. The audience was a multidisciplinary mix of postgrad, undergrad and academics. The paper sparked discussion about an area of visual cultural research about law that most participants had not been aware of.
Year(s) Of Engagement Activity 2017
 
Description Keynote speaker. Legal History Conference 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Study participants or study members
Results and Impact The activity took the form of a keynote address at the conference A time of judgment: The operation and representation of judgment in 19th century cultures.
Year(s) Of Engagement Activity 2016
URL https://www.plymouth.ac.uk/whats-on/a-time-of-judgement
 
Description Keynote speaker: Law and Culture Conference Geissen 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Postgraduate students
Results and Impact Delivery of a keynote lecture to an international conference on law and culture. My paper focused on judicial performances in courtrooms.
Year(s) Of Engagement Activity 2015
 
Description Law culture and humanities conference USA 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Study participants or study members
Results and Impact I presented a paper on judicial images and early photography at the American Law Culture Humanities Conference Hartford Conn USA
Year(s) Of Engagement Activity 2016
 
Description Paper presented at LGBT/Queer Visibility Matters, London June 20-21, 2016 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Study participants or study members
Results and Impact The paper was about UK reality TV court shows and judicial diversity. It sparked questions about the interface between legitimate authority and sexual identity. Workshop participants reported that the paper identified a new subject in the field of sexuality research.
Year(s) Of Engagement Activity 2016
 
Description Presentation on performances of judicial authority during swearing in events 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Study participants or study members
Results and Impact The paper was presented at a workshop on the legal profession. It was part of the biennial meeting of the Research Committee Sociology of Law working group for comparative studies of the legal profession, Andorra 6-9 July 2016
Year(s) Of Engagement Activity 2016
 
Description The Humanity of Judging: An evening at the UK Supreme Court 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? Yes
Geographic Reach International
Primary Audience Public/other audiences
Results and Impact Sparked questions and discussion afterwards.

The Head of Communications of the Supreme Court sent the following message via email. "Thank you for everything you did to make last night a great success. Some lovely comments on Twitter and the audience reaction seemed very positive indeed - Lord Carnwath [the Justice of the Supreme Court who chaired the panel] also found it very interesting."

I was invited to contribute to a blog, 'TheLawMap' based on my presentation at the Court.
Year(s) Of Engagement Activity 2014
URL http://beinghumanfestival.org/event/humanity-of-judging/
 
Description Tour of portraits at Lincoln's Inn 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Geographic Reach Local
Primary Audience Professional Practitioners
Results and Impact The activity involved a guided tour of the portraits on display in the main building of the Inns of Court. The purpose was to make use of an actual collection of portraits of the judiciary to explore issues about image making, image management and image consumption. The tour conducted by a law scholar and an art historian who works on the use of portraits was followed by a discussion and question and answer session.
Year(s) Of Engagement Activity 2015
 
Description Twitter account 
Form Of Engagement Activity A magazine, newsletter or online publication
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Public/other audiences
Results and Impact tweets sparked discussion

@JudicialImages has 78 followers.
Year(s) Of Engagement Activity 2014
 
Description USAID New Justice Program Kiev Ukraine 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Professional Practitioners
Results and Impact USAID New Justice Program Conference in Kiev Ukraine. This was an international conference designed to introduce Ukrainian judicial stakeholders to Judicial Images Network as a platform to explore issues of production, regulation and consumption of the judicial images; Raise awareness of the nature and significance of visual culture in the communication of ideas about justice and its institutions; Present and discuss the impact, best practices, and lessons learned from different jurisdictions of the world in judicial image making and image management as a fundamental aspect of modern judicial practice; Develop recommendations for advancing judicial image making and image management in Ukraine to promote public trust and confidence in the judiciary.
Year(s) Of Engagement Activity 2018
 
Description Workshop 1 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Professional Practitioners
Results and Impact Workshop 1 focused on Judicial image making. Speakers included an architect with an international reputation for courthouse design, an internationally recognised TV scriptwriter, and a Judge from Switzerland. Panels mixed academic commentators and practitioners. The novelty of bringing practitioners together with academics generated a dialogue about developments in contemporary practice. The first part of the workshop was devoted to a presentation by a practitioner who works for the company that provides judicial robes. The event sparked much interest as different examples of judicial robes were available for workshop participants to try on. This sparked much discussion about the impact of costume on institutional performances and the relationship between individual and institutional identity.
Year(s) Of Engagement Activity 2014
 
Description Workshop 2 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Study participants or study members
Results and Impact Workshop 2 focused on image management. It involved a number of communications practitioners from Ireland, the Philippines, Romania. It also involved judges from England and Wales and Romania. Practitioners involved in the Judicial Appointments Commission as well as stakeholders who have been involved in producing reports on policy reforms also spoke. The activity was organised around a series of panels mixing academic commentators and practitioners. The presentations sparked discussion about the role of communication management, different approaches by the judiciary to interaction with the media.
Year(s) Of Engagement Activity 2015
 
Description Workshop 3 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Study participants or study members
Results and Impact The 3rd workshop spanned a day and the previous evening. The evening event took place in one of the Inns of Court and involved a tour of portraits in situ. The event was led by two academics, one from law and the other from art history. The event was open to members of the Inn and attracted a number of senior barristers and Inn administrators who have particular responsibility for the Inn's art collection and tours offered to the public of the historic buildings of the Inn and its art collection. The following workshop brought together stakeholder/practitioners who work in school education and policy reform together with academics. The National Centre for Citizenship Learning expressed an interest in furthering links with the network as a result of the workshop.
Year(s) Of Engagement Activity 2015