The Taiwanese judiciary has reached gender parity in number in the
2020s, so that women judges now occupy more than fifty percent of positions
at all three levels of the court. However, the internal gender dynamics are complex. This Article uses two sets of conceptual tools to analyze and identify the
male-centered and masculine features of the Taiwanese judiciary: the gendered
organization by Joan Acker and hegemonic masculinities by R.W. Connell.
Specifically, this Article first identifies a mainstream power relationship, which
I term authority-conforming, and shows how it is gendered to benefit a masculine authority. Second, the ways in which legal area is valued are also gendered.
Legal areas involving domestic affairs are marginalized and looked down upon
in the profession despite their complexity. The juvenile and family divisions
lack resources and manpower, and judges serving in this area are deemed less
capable. Third, women judges in Taiwan face another version of the double
bind: if she fully commits to her career, she is restrained from a balanced life;
but if she accentuates her family role as a supportive parent, spouse or caregiver, she reinforces the traditional stereotype in the Taiwanese legal sector
that women shall choose judgeship, a stable desk job, to accommodate their
domestic duties. Next, a separate section presents preliminary evidence on the
qualitative change brought about by female judges. Diversification of leadership style, the ideal image, and normative qualities of a good judge, are positive
developments. Data used in this Article includes archival documents, field
observations, and in-depth interviews with fourteen judges (twelve female and
two male judges) and one female prosecutor from six jurisdictions at all three
levels of the Taiwanese court.
Women Judges in a Masculine Court: How Judicial Authority, Legal Area and the Image of the Ideal Judge are Gendered in the Taiwanese Judiciary (Vol. 56.2)
19 Aug 2025