Australian Feminist Judgments

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Australian Feminist Judgments

Heather Douglas,Francesca Bartlett,Trish Luker,Rosemary Hunter
Australian Feminist Judgments Book PDF

Author : Heather Douglas,Francesca Bartlett,Trish Luker,Rosemary Hunter
Publisher : Bloomsbury Publishing
Page : 380 pages
File Size : 54,5 Mb
Release : 2014-11-20
Category : Law
ISBN : 9781782255406

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Australian Feminist Judgments by Heather Douglas,Francesca Bartlett,Trish Luker,Rosemary Hunter Pdf

This book brings together feminist academics and lawyers to present an impressive collection of alternative judgments in a series of Australian legal cases. By re-imagining original legal decisions through a feminist lens, the collection explores the possibilities, limits and implications of feminist approaches to legal decision-making. Each case is accompanied by a brief commentary that places it in legal and historical context and explains what the feminist rewriting does differently to the original case. The cases not only cover topics of long-standing interest to feminist scholars – such as family law, sexual offences and discrimination law – but also areas which have had less attention, including Indigenous sovereignty, constitutional law, immigration, taxation and environmental law. The collection contributes a distinctly Australian perspective to the growing international literature investigating the role of feminist legal theory in judicial decision-making.

Feminist Judgments

Rosemary Hunter,Clare McGlynn,Erika Rackley
Feminist Judgments Book PDF

Author : Rosemary Hunter,Clare McGlynn,Erika Rackley
Publisher : Bloomsbury Publishing
Page : 413 pages
File Size : 43,7 Mb
Release : 2010-09-30
Category : Law
ISBN : 9781847317278

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Feminist Judgments by Rosemary Hunter,Clare McGlynn,Erika Rackley Pdf

While feminist legal scholarship has thrived within universities and in some sectors of legal practice, it has yet to have much impact within the judiciary or on judicial thinking. Thus, while feminist legal scholarship has generated comprehensive critiques of existing legal doctrine, there has been little opportunity to test or apply feminist knowledge in practice, in decisions in individual cases. In this book, a group of feminist legal scholars put theory into practice in judgment form, by writing the 'missing' feminist judgments in key cases. The cases chosen are significant decisions in English law across a broad range of substantive areas. The cases originate from a variety of levels but are primarily opinions of the Court of Appeal or the House of Lords. In some instances they are written in a fictitious appeal, but in others they are written as an additional concurring or dissenting judgment in the original case, providing a powerful illustration of the way in which the case could have been decided differently, even at the time it was heard. Each case is accompanied by a commentary which renders the judgment accessible to a non-specialist audience. The commentary explains the original decision, its background and doctrinal significance, the issues it raises, and how the feminist judgment deals with them differently. The books also includes chapters examining the theoretical and conceptual issues raised by the process and practice of feminist judging, and by the judgments themselves, including the possibility of divergent feminist approaches to legal decision-making. From the foreword by Lady Hale 'Reading this book ought to be a chastening experience for any judge who believes himself or herself to be both true to their judicial oath and a neutral observer of the world... If lawyers and judges like me have so much to learn from reading this book, then surely other, more sceptical, lawyers and judges have even more to learn...other scholars, and not only feminists, must also be fascinated by the window it opens onto the process of judicial reasoning: not the straightforward, predetermined march from A to B of popular belief, but something altogether more complicated and uncertain. And anyone will find it a very good read.'

Feminist Judgments

Kathryn M. Stanchi,Linda L. Berger,Bridget J. Crawford
Feminist Judgments Book PDF

Author : Kathryn M. Stanchi,Linda L. Berger,Bridget J. Crawford
Publisher : Cambridge University Press
Page : 615 pages
File Size : 40,8 Mb
Release : 2016-08-02
Category : Law
ISBN : 9781107126626

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Feminist Judgments by Kathryn M. Stanchi,Linda L. Berger,Bridget J. Crawford Pdf

Fifty feminist law professors come together to rewrite twenty-five major Supreme Court opinions on gender justice and equality.

Feminist Judgments: Reproductive Justice Rewritten

Kimberly Mutcherson
Feminist Judgments Reproductive Justice Rewritten Book PDF

Author : Kimberly Mutcherson
Publisher : Cambridge University Press
Page : 407 pages
File Size : 50,5 Mb
Release : 2020-04-16
Category : Health & Fitness
ISBN : 9781108425438

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Feminist Judgments: Reproductive Justice Rewritten by Kimberly Mutcherson Pdf

Reproductive justice theory made real through re-imagining critical cases addressing pregnancy, parenting, and the law's treatment of marginalized women.

Scottish Feminist Judgments

Sharon Cowan,Chloë Kennedy,Vanessa E Munro
Scottish Feminist Judgments Book PDF

Author : Sharon Cowan,Chloë Kennedy,Vanessa E Munro
Publisher : Bloomsbury Publishing
Page : 743 pages
File Size : 52,5 Mb
Release : 2019-12-12
Category : Law
ISBN : 9781509923274

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Scottish Feminist Judgments by Sharon Cowan,Chloë Kennedy,Vanessa E Munro Pdf

An innovative collaboration between academics, practitioners, activists and artists, this timely and provocative book rewrites 16 significant Scots law cases, spanning a range of substantive topics, from a feminist perspective. Exposing power, politics and partiality, feminist judges provide alternative accounts that bring gender equity concerns to the fore, whilst remaining bound by the facts and legal authorities encountered by the original court. Paying particular attention to Scotland's distinctive national identity, fluctuating experiences of political sovereignty, and unique legal traditions and institutions, this book contributes in a distinctive register to the emerging dialogue amongst feminist judgment projects across the globe. Its judgments address concerns not only about gender equality, but also about the interplay between gender, class, national identity and citizenship in contemporary Scotland. The book also showcases unique contributions from leading artists which, provoked by the enterprise of feminist judging, or by individual cases, offer a visceral and affective engagement with the legal. The book will be of interest to academics, practitioners and students of Scots law, policy-makers, as well as to scholars of feminist and critical theory, and law and gender, internationally.

Feminist Judgments: Rewritten Property Opinions

Eloisa C. Rodriguez-Dod,Elena Maria Marty-Nelson
Feminist Judgments Rewritten Property Opinions Book PDF

Author : Eloisa C. Rodriguez-Dod,Elena Maria Marty-Nelson
Publisher : Cambridge University Press
Page : 445 pages
File Size : 46,6 Mb
Release : 2021-10-28
Category : Law
ISBN : 9781108835534

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Feminist Judgments: Rewritten Property Opinions by Eloisa C. Rodriguez-Dod,Elena Maria Marty-Nelson Pdf

Reimagines fundamental property law cases to demonstrate how a feminist lens could impact the law's development.

Feminist Judgments: Rewritten Tort Opinions

Martha Chamallas,Lucinda M. Finley
Feminist Judgments Rewritten Tort Opinions Book PDF

Author : Martha Chamallas,Lucinda M. Finley
Publisher : Cambridge University Press
Page : 459 pages
File Size : 52,6 Mb
Release : 2020-12-10
Category : Law
ISBN : 9781108484299

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Feminist Judgments: Rewritten Tort Opinions by Martha Chamallas,Lucinda M. Finley Pdf

A feminist rewrite of tort law cases that reveals gender bias and the law's failure to redress serious harms to women.

Feminist Judgments

Deborah S. Gordon,Browne C. Lewis,Carla Spivack
Feminist Judgments Book PDF

Author : Deborah S. Gordon,Browne C. Lewis,Carla Spivack
Publisher : Cambridge University Press
Page : 275 pages
File Size : 40,5 Mb
Release : 2020-09-17
Category : Business & Economics
ISBN : 9781108495110

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Feminist Judgments by Deborah S. Gordon,Browne C. Lewis,Carla Spivack Pdf

This book analyzes estates and trusts cases through a feminist lens using some of the most popular feminist legal theories.

Feminist Judgments of Aotearoa New Zealand

Elisabeth McDonald,Rhonda Powell,Mamari Stephens,Rosemary Hunter
Feminist Judgments of Aotearoa New Zealand Book PDF

Author : Elisabeth McDonald,Rhonda Powell,Mamari Stephens,Rosemary Hunter
Publisher : Bloomsbury Publishing
Page : 614 pages
File Size : 55,8 Mb
Release : 2017-11-30
Category : Law
ISBN : 9781509909735

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Feminist Judgments of Aotearoa New Zealand by Elisabeth McDonald,Rhonda Powell,Mamari Stephens,Rosemary Hunter Pdf

This edited collection asks how key New Zealand judgments might read if they were written by a feminist judge. Feminist judging is an emerging critical legal approach that works within the confines of common law legal method to challenge the myth of judicial neutrality and illustrate how the personal experiences and perspectives of judges may influence the reasoning and outcome of their decisions. Uniquely, this book includes a set of cases employing an approach based on mana wahine, the use of Maori values that recognise the complex realities of Maori women's lives. Through these feminist and mana wahine judgments, it opens possibilities of more inclusive judicial decision making for the future. 'This Project stops us in our tracks and asks us: how could things have been different? At key moments in our legal history, what difference would it have made if feminist judges had been at the tiller? By doing so, it raises a host of important questions. What does it take to be a feminist judge? Would we want our judges to be feminists and if so why? Is there a uniquely female perspective to judging?' Professor Claudia Geiringer, Faculty of Law, Victoria University of Wellington 'With this book, some of our leading jurists expose the biases and power structures that underpin legal rules and the interpretation of them. Some also give voice to mana wahine perspectives on and about the law that have become invisible over time, perpetuating the impacts of colonialism and patriarchy combined on Maori women. I hope this book will be a catalyst for our nation to better understand and then seek to ameliorate these impacts.' Dr Claire Charters, Associate Professor, Faculty of Law, University of Auckland 'The work is highly illuminating and is critical to the development of our legal system ... It is crucial, not only for legal education, so that students of the law open their minds to the different ways legal problems can be conceptualised and decided. It is also crucial if we are going to have a truly just legal system where all the different voices and perspectives are fairly heard.' Professor Mark Henaghan, Dean of the Faculty of Law, University of Otago 'I believe this project is particularly important, as few academics or researchers in New Zealand concentrate on judicial method. I am therefore hopeful that it will provoke thoughtful debate in a critical area for society.' The Honourable Justice Helen Winkelmann, New Zealand Court of Appeal

Northern / Irish Feminist Judgments

Máiréad Enright,Julie McCandless,Aoife O'Donoghue
Northern Irish Feminist Judgments Book PDF

Author : Máiréad Enright,Julie McCandless,Aoife O'Donoghue
Publisher : Bloomsbury Publishing
Page : 701 pages
File Size : 41,8 Mb
Release : 2017-02-09
Category : Law
ISBN : 9781509908943

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Northern / Irish Feminist Judgments by Máiréad Enright,Julie McCandless,Aoife O'Donoghue Pdf

The Northern/Irish Feminist Judgments Project inaugurates a fresh dialogue on gender, legal judgment, judicial power and national identity in Ireland and Northern Ireland. Through a process of judicial re-imagining, the project takes account of the peculiarly Northern/Irish concerns in shaping gender through judicial practice. This collection, following on from feminist judgments projects in Canada, England and Australia takes the feminist judging methodology in challenging new directions. This book collects 26 rewritten judgments, covering a range of substantive areas. As well as opinions from appellate courts, the book includes fi rst instance decisions and a fi ctional review of a Tribunal of Inquiry. Each feminist judgment is accompanied by a commentary putting the case in its social context and explaining the original decision. The book also includes introductory chapters examining the project methodology, constructions of national identity, theoretical and conceptual issues pertaining to feminist judging, and the legal context of both jurisdictions. The book, shines a light on past and future possibilities - and limitations - for judgment on the island of Ireland. 'This book provides a rich and expansive addition to the feminist judgments catalogue. The ... judgments demonstrate powerfully how Northern/Irish judges have contributed to the gendered politics of national identity, and how the narrow subject-positions they have created for women and 'others' could have been so much wider and more open.' Professor Rosemary Hunter, School of Law, Queen Mary University London. 'The Northern/Irish Feminist Judgments Project is inspirational reading for anyone interested in feminism or Irish studies ... It is a model of how to conduct feminist enquiry. Its most innovative contribution to scholarship and politics is how the rewriting of landmark legal judgments from a feminist perspective allows us to imagine (and therefore begin to construct) a more egalitarian, a more just, future.' Associate Professor Katherine O'Donnell, School of Philosophy, University College Dublin. If you let it, this book will make you think. ... It made me think – it reminded me, I suppose – that legal writing can be wonderful: rigorous, creative, deeply observant, provocative. Read it and see what it makes you think. Professor Thérèse Murphy, School of Law, Queen's University Belfast

Indigenous Legal Judgments

Nicole Watson,Heather Douglas
Indigenous Legal Judgments Book PDF

Author : Nicole Watson,Heather Douglas
Publisher : Routledge
Page : 244 pages
File Size : 44,7 Mb
Release : 2021-06-27
Category : History
ISBN : 9781000401240

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Indigenous Legal Judgments by Nicole Watson,Heather Douglas Pdf

This book is a collection of key legal decisions affecting Indigenous Australians, which have been re-imagined so as to be inclusive of Indigenous people’s stories, historical experience, perspectives and worldviews. In this groundbreaking work, Indigenous and non-Indigenous scholars have collaborated to rewrite 16 key decisions. Spanning from 1889 to 2017, the judgments reflect the trajectory of Indigenous people’s engagements with Australian law. The collection includes decisions that laid the foundation for the wrongful application of terra nullius and the long disavowal of native title. Contributors have also challenged narrow judicial interpretations of native title, which have denied recognition to Indigenous people who suffered the prolonged impacts of dispossession. Exciting new voices have reclaimed Australian law to deliver justice to the Stolen Generations and to families who have experienced institutional and police racism. Contributors have shown how judicial officers can use their power to challenge systemic racism and tell the stories of Indigenous people who have been dehumanised by the criminal justice system. The new judgments are characterised by intersectional perspectives which draw on postcolonial, critical race and whiteness theories. Several scholars have chosen to operate within the parameters of legal doctrine. Some have imagined new truth-telling forums, highlighting the strength and creative resistance of Indigenous people to oppression and exclusion. Others have rejected the possibility that the legal system, which has been integral to settler-colonialism, can ever deliver meaningful justice to Indigenous people.

The Critical Judgments Project

Gabrielle Appleby,Rosalind Dixon
The Critical Judgments Project Book PDF

Author : Gabrielle Appleby,Rosalind Dixon
Publisher : Unknown
Page : 247 pages
File Size : 49,5 Mb
Release : 2016
Category : Communication in politics
ISBN : 1760020753

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The Critical Judgments Project by Gabrielle Appleby,Rosalind Dixon Pdf

BRODLIM x JULIEN RAYNAUD Le Penseur 2015 Kashmiri embroidery 80 cm X 80 cm Reproduced with permission of the artist, Julien Raynaud and BRODLIM © BRODLIM & Julien Raynaud www.brodlim.com www.julienraynaudart.com ______________________________________This book introduces students to a number of critical legal perspectives and demonstrates how such perspectives might be used to influence and reimagine existing legal doctrines. It extends the seminal Feminist Judgments Project and adapts it specifically for the purpose of teaching critical legal thinking. Each chapter provides extracts and commentary on the prominent thinkers within the critical discipline before a leading critical scholar rewrites the judgment in the famous 2013 decision of the High Court of Australia, Monis v The Queen, informed and reimagined through this perspective.The case required the High Court to engage with deep issues about the role of free speech in democracy, the appropriate role of the state in regulating civility of discourse and protecting vulnerable groups, and the ongoing influence of gender and race in approaching these issues. The decision was the first in which the Court split over the relevant issues along gender lines. The saliency of the identity of the judges in the case makes it natural for introducing students to the idea that who judges are, and how they understand notions of constitutional justice, may matter to the resolution of concrete constitutional questions.The book builds on the seminal work undertaken in the Feminist Judgments Project by pluralising not just the feminist critique, but the wider range of critical perspectives brought to the judicial method. The critical perspectives in this project include feminism and the public-private divide, anti-subordination feminism, critical race theory, queer theory/post-structural feminism, law and literature, political liberalism, intersectional theory, law and economics, restorative justice and deliberative democratic theory.

International Women’s Rights Law and Gender Equality

Ramona Vijeyarasa
International Women s Rights Law and Gender Equality Book PDF

Author : Ramona Vijeyarasa
Publisher : Routledge
Page : 172 pages
File Size : 42,5 Mb
Release : 2021-07-22
Category : Political Science
ISBN : 9781000401776

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International Women’s Rights Law and Gender Equality by Ramona Vijeyarasa Pdf

The law is a well-known tool in fighting gender inequality, but which laws actually advance women’s rights? This book unpacks the complex nuances behind gender-responsive domestic legislation, from several of the world’s leading experts on gender equality. Drawing on domestic examples and international law, it provides a primer of theory alongside tangible and practical solutions to fulfil the promise of the law to deliver equality between men and women. Part I outlines what progress has been made to date on eradicating gender inequality, and insights into the law’s potential as one lever in the global struggle for equality. Parts II and III go on to explore concrete areas of law, with case studies from multiple jurisdictions that examine how well domestic legislation is working for women. The authors bring their critical lens to areas of law often considered from a gender perspective – gender-based violence, women’s reproductive health, labour and gender equality quotas – while bringing much-needed analysis to issues often ignored in gender debates, such as taxation, environmental justice and good governance. Part IV seeks to move from a theoretical goal of greater accountability to a practical one. It explores both accountability for international women’s rights norms at the domestic level and the potential of feminist approaches to legislation to deliver laws that work for women. Written for students, academics, legislators and policymakers engaged in international women’s rights law, gender equality, government accountability and feminist legal theory, this book has tremendous transformative potential to drive forward legal change towards the eradication of gender inequality.

Feminist Judgments: Family Law Opinions Rewritten

Rachel Rebouché
Feminist Judgments Family Law Opinions Rewritten Book PDF

Author : Rachel Rebouché
Publisher : Cambridge University Press
Page : 449 pages
File Size : 41,5 Mb
Release : 2020-06-25
Category : Law
ISBN : 9781108571524

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Feminist Judgments: Family Law Opinions Rewritten by Rachel Rebouché Pdf

This book provides new, feminist perspectives on famous family law cases that span generations. The chapters take court decisions and rewrite them with feminist ideas in mind. Each rewritten opinion is penned by a leading scholar who relied only on materials available at the time of the original decision. The decisions address topics such as the criminalization of polygamy, intimate partner violence as a ground for asylum, the legality of gestational surrogacy, the rights of cohabitants, discrimination against transgender parents, immigration rules governing non-citizen parents, and child welfare and child support systems, among others. Each opinion is accompanied by a commentary that explains the original opinion as well as its contemporary relevance, and each commentary also is authored by a respected scholar. The combination of a rewritten opinion and its commentary provides an in-depth examination of the most important topics in family law.

The Common Law Inside the Female Body

Anita Bernstein
The Common Law Inside the Female Body Book PDF

Author : Anita Bernstein
Publisher : Cambridge University Press
Page : 275 pages
File Size : 43,6 Mb
Release : 2019
Category : Law
ISBN : 9781107177819

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The Common Law Inside the Female Body by Anita Bernstein Pdf

Explains why lawyers seeking gender progress from primary legal materials should start with the common law.