By Rosemary Hunter, Clare McGlynn, Erika Rackley
Whereas feminist felony scholarship has thrived inside universities and in a few sectors of felony perform, it has but to have a lot impression in the judiciary, or on judicial considering. therefore, whereas feminist criminal scholarship has generated entire opinions of current criminal doctrine, there was little chance to check or follow feminist wisdom in perform within the judgements of person instances. during this precise and thought-provoking ebook, a gaggle of feminist criminal students positioned thought into perform in judgment shape through writing the 'missing' feminist judgments in key instances. The instances selected are major judgements in English legislation throughout a huge diversity of noticeable parts. The circumstances originate from a number of degrees, yet are basically critiques of the UK's courtroom of allure or the home of Lords. In a few circumstances, they're written in a fictitious attraction, yet in others they're written as an extra concurring or dissenting judgment within the unique case, supplying a strong representation of ways during which the case might have been determined another way, even on the time it used to be heard. each one case is observed through a remark which renders the judgment available to a non-specialist viewers. The remark explains the unique choice, its historical past and doctrinal value, the problems it increases, and the way the feminist judgment bargains with them otherwise. The publication additionally contains chapters analyzing the theoretical and conceptual concerns raised by way of the method and perform of feminist judging, and by means of the judgments themselves, together with the potential of divergent feminist ways to felony decision-making.
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Additional resources for Feminist Judgments: From Theory to Practice
Sample text
B) Hunter Ch1 10/9/10 14:35 Page 4 4 Rosemary Hunter, Clare McGlynn and Erika Rackley topics. Our only requirement was that the cases chosen should be significant for feminist legal scholarship. That is, while they need not be recent cases, they must be important decisions that would benefit from a feminist analysis. We received an outstanding response, including from colleagues in Scotland, India and South Africa, as well as interest in rewriting a number of decisions of the European Court of Justice.
The way in which the Project itself contributes to that literature is explored by Hunter in the next chapter. More generally, the Feminist Judgments Project has been informed by feminist theoretical concerns about the ways in which law constructs gender. ’ (2008) 154 Proceedings of the British Academy 319; D Feenan, ‘Editorial Introduction: Women and Judging’ (2009) 17 Feminist Legal Studies 1. 5 See C Gilligan, In a Different Voice: Psychological Theory and Women’s Development (Cambridge, MA, Harvard University Press, 1982); S Sherry, ‘Civil Virtue and the Feminine Voice in Constitutional Adjudication’ (1986) 72 Virginia Law Review 543.
This demonstrates not only that a single, token woman judge cannot possibly represent the range of women’s perspectives on a particular issue, but further, a single, token feminist judge cannot possibly represent the range of feminist perspectives on an issue. Much broader representation not only of women but of feminisms among the appellate judiciary is required before anything approaching true judicial diversity could be said to have been achieved. Methodological Issues As noted above, our objective to re-write judgments subject to the same constraints as the original judges meant that the extent to which we could question the conventions of judgment-writing was necessarily limited.