'הפסקים הסמויים מן העין': השפעת המאגרים הממוחשבים על הפרקטיקה של דיני המשפחה בישראל' (Exposing Family Secrets: The Implications of Computerized Databases for the Creation of Knowledge in Family Law in Israel)

34 Tel-Aviv University Law Review (2011)

35 Pages Posted: 26 Feb 2013

See all articles by Bryna Bogoch

Bryna Bogoch

Bar-Ilan University - Interdisciplinary Department of Social Studies

Ruth Halperin-Kaddari

Bar-Ilan University - Faculty of Law

Eyal Katvan

Peres Academic Center

Date Written: February 25, 2013

Abstract

This study examines the development of jurisprudence in family law by comparing the characteristics of family cases that appear in computerized databases with those of cases actually decided in the family courts. In addition, it examines family lawyers' use of digital databases and their role in the dissemination of judicial decisions. The study is based on the understanding that judges and lawyers are dependent upon published opinions to research, evaluate, argue, and decide cases, and that these decisions form the core of legal knowledge in the field. Moreover, it draws on previous research elsewhere, mainly in appellate courts, about the differences between published and non-published decisions.

We hypothesized that in the area of family law, where the availability of published opinions is limited, there would be substantial differences between the characteristics of decisions in the databases from those actually decided in the family courts, and that this would have implications for the way different lawyers rely on and disseminate decisions in their cases. The study is based on a content analysis of a sample of 1,373 decisions in the family courts, from 1996 to 2003, and all the family court decisions in the databases during that time (1,145), as well as the replies of 184 family court lawyers to questionnaires dealing with their use of the digital databases and the availability of family court decisions.

We found that the small proportion of decisions published in the databases varied from actual cases on four main parameters: the published decisions were far more adversary than in actual fact; they were presented as being more favorable to women petitioners than in reality; male judges dominate the decisions in the databases, despite the greater number of decisions by women judges in the family courts; and courts in the periphery are underrepresented in the databases, and five courts are completely absent. In addition, we found that only a small proportion of lawyers are involved in the dissemination of family court decisions, and that specialists in family law relied on private collections of decisions, which were not available to others in the field. We conclude that despite the fact that there are more decisions available to lawyers as a consequence of the availability of computerized databases, jurisprudence in family law develops from the biased picture of family court decisions presented in these databases, and a large body of knowledge still remains hidden and secret.

Note: Downloadable document is in Hebrew.

Suggested Citation

Bogoch, Bryna and Halperin-Kaddari, Ruth and Katvan, Eyal, 'הפסקים הסמויים מן העין': השפעת המאגרים הממוחשבים על הפרקטיקה של דיני המשפחה בישראל' (Exposing Family Secrets: The Implications of Computerized Databases for the Creation of Knowledge in Family Law in Israel) (February 25, 2013). 34 Tel-Aviv University Law Review (2011), Available at SSRN: https://ssrn.com/abstract=2223909

Bryna Bogoch

Bar-Ilan University - Interdisciplinary Department of Social Studies ( email )

School of Communication, Bar Ilan University
Ramat Gan, 52900
Israel

Ruth Halperin-Kaddari

Bar-Ilan University - Faculty of Law ( email )

Faculty of Law
Ramat Gan, 52900
Israel

Eyal Katvan (Contact Author)

Peres Academic Center ( email )

P.O.Box 328
Rehovot, 76120
Israel

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
115
Abstract Views
798
Rank
433,058
PlumX Metrics