This introductory chapter seeks to address the widespread concern that
judges should have some knowledge of the community they live in so that justice is
administered ‘in the name of the people’. In considering ways to develop public
confi dence in the judiciary, we challenge the assumption that the composition of the
highest courts is the core instrument to achieve a fair refl ection of the community in
the judiciary. Public confi dence in the courts is gained by procedures in various
forms and shapes relating to the institutional structure of the judiciary. There may be
the use of lay participants, or there may be substantial lay participation in selecting
individual judges. Besides, it is arguable that the popular acceptability of judicial
decisions is, or can be, enhanced by the style of judgments and reasoning. Ultimately,
however, views differ on whether lay participants can be used to gain the respect of
the community. It may be that recruitment among professional lawyers remains the
best way forward, provided (1) that they need not necessarily be drawn solely from
the ranks of legal practitioners but may (in some courts) include academics or other
professionals (2) that the composition of the judiciary does not refl ect a perceived
wider social exclusion of some minority groups, and (3) that there is judicial training
in social problems with which many judges may be personally unfamiliar.