Law Women Judges And The Gender Order

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Law, Women Judges and the Gender Order

Kcasey McLoughlin
Law Women Judges and the Gender Order Book PDF

Author : Kcasey McLoughlin
Publisher : Routledge
Page : 359 pages
File Size : 47,5 Mb
Release : 2021-11-18
Category : Law
ISBN : 9781000475531

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Law, Women Judges and the Gender Order by Kcasey McLoughlin Pdf

This book seeks to understand how women judges are situated as legal knowers on the High Court of Australia by asking whether a near-equal gender balance on the High Court has disrupted the Court’s historically masculinist gender regime. This book examines how the High Court’s gender regime operates once there is more than one woman on the bench. It explores the following questions: How have the Court’s gender relations accommodated the presence women on the bench? How have the women themselves accommodated those pre-existing gender relations? How might legal judgments and reasoning change as a result of changing gender dynamics on the bench? To develop answers to these (and other) questions the book pursues a methodology that conceptualises the High Court as an institution with a particular gender regime shaped historically by the dominant gender order of the wider society. The intersection between the (gendered) individuals and the (gendered) institution in which they operate produces and reproduces that institution’s gender regime. Hence, the enquiry is not so much asking ‘have women judges made a difference?’ but rather is asking how should we understand women judges’ relationship with the law, a relationship that is shaped as much by the individual judge as by the institutional context in which they operate. Scholars, legal practitioners and researchers interested in judicial reasoning, gender diversity and the legal profession, gender and politics will be interested in this book because it breaks new ground as a case study of a Court’s gender regime at a particular time.

Women, Judging and the Judiciary

Erika Rackley
Women Judging and the Judiciary Book PDF

Author : Erika Rackley
Publisher : Routledge
Page : 250 pages
File Size : 54,7 Mb
Release : 2013
Category : Law
ISBN : 9780415548618

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Women, Judging and the Judiciary by Erika Rackley Pdf

Awarded the 2013 Birks Book Prize by the Society of Legal Scholars, Women, Judging and the Judiciary expertly examines debates about gender representation in the judiciary and the importance of judicial diversity. It offers a fresh look at the role of the (woman) judge and the process of judging and provides a new analysis of the assumptions which underpin and constrain debates about why we might want a more diverse judiciary, and how we might get one. Through a theoretical engagement with the concepts of diversity and difference in adjudication, Women, Judging and the Judiciary contends that prevailing images of the judge are enmeshed in notions of sameness and uniformity: images which are so familiar that their grip on our understandings of the judicial role are routinely overlooked. Failing to confront these instinctive images of the judge and of judging, however, comes at a price. They exclude those who do not fit this mould, setting them up as challengers to the judicial norm. Such has been the fate of the woman judge. But while this goes some way to explaining why, despite repeated efforts, our attempts to secure greater diversity in our judiciary have fallen short, it also points a way forward. For, by getting a clearer sense of what our judges really do and how they do it, we can see that women judges and judicial diversity more broadly do not threaten but rather enrich the judiciary and judicial decision-making. As such, the standard opponent to measures to increase judicial diversity - the necessity of appointment on merit - is in fact its greatest ally: a judiciary is stronger and the justice it dispenses better the greater the diversity of its members, so if we want the best judiciary we can get, we should want one which is fully diverse. Women, Judging and the Judiciary will be of interest to legal academics, lawyers and policy makers working in the fields of judicial diversity, gender and adjudication and, more broadly, to anyone interested in who our judges are and what they do.

Women in the Judiciary

Ulrike Schultz,Gisela Shaw
Women in the Judiciary Book PDF

Author : Ulrike Schultz,Gisela Shaw
Publisher : Routledge
Page : 179 pages
File Size : 43,6 Mb
Release : 2013-09-13
Category : Law
ISBN : 9781135707477

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Women in the Judiciary by Ulrike Schultz,Gisela Shaw Pdf

Does gender matter in judging? And if so, in what way? Why were there so few women judges only two or three decades ago, and why are there so many now in most countries of the Western world? How do women judges experience their work in a previously male-dominated environment? What are their professional careers? How do they organise and live their lives? And, finally and most notably: do women judge differently from men (or even better)? These are the questions dealt with in this collection of contributions by seven authors from six countries (UK, Australia, USA, Canada, Syria and Argentina), contrasting views from common law and civil law countries. In spite of differences in the two legal systems, as well as greater gender diversity on the bench and the overall higher income and prestige enjoyed by judges in common law countries, women judges in all these countries – Syria included – share many problems. Diverse and intriguing facets are added to a debate that started thirty years ago but continues to leave ample space for further discussion. This book was originally published as a special issue of International Journal of the Legal Profession

Gender and Judging

Ulrike Schultz,Gisela Shaw
Gender and Judging Book PDF

Author : Ulrike Schultz,Gisela Shaw
Publisher : A&C Black
Page : 825 pages
File Size : 40,7 Mb
Release : 2014-07-18
Category : Law
ISBN : 9781782251118

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Gender and Judging by Ulrike Schultz,Gisela Shaw Pdf

Does gender make a difference to the way the judiciary works and should work? Or is gender-blindness a built-in prerequisite of judicial objectivity? If gender does make a difference, how might this be defined? These are the key questions posed in this collection of essays, by some 30 authors from the following countries; Argentina, Cambodia, Canada, England, France, Germany, India, Israel, Italy, Ivory Coast, Japan, Kenya, the Netherlands, the Philippines, South Africa, Switzerland, Syria and the United States. The contributions draw on various theoretical approaches, including gender, feminist and sociological theories. The book's pressing topicality is underlined by the fact that well into the modern era male opposition to women's admission to, and progress within, the judicial profession has been largely based on the argument that their very gender programmes women to show empathy, partiality and gendered prejudice - in short essential qualities running directly counter to the need for judicial objectivity. It took until the last century for women to begin to break down such seemingly insurmountable barriers. And even now, there are a number of countries where even this first step is still waiting to happen. In all of them, there remains a more or less pronounced glass ceiling to women's judicial careers.

Gender and Justice

Sally Jane Kenney
Gender and Justice Book PDF

Author : Sally Jane Kenney
Publisher : Routledge
Page : 330 pages
File Size : 48,6 Mb
Release : 2013
Category : Biography & Autobiography
ISBN : 9780415881432

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Gender and Justice by Sally Jane Kenney Pdf

Intended for use in courses on law and society, as well as courses in women's and gender studies, women and politics, and women and the law - this book that takes up the question of what women judges signify in several different jurisdictions in the United States, United Kingdom, and European Union. In so doing, its empirical case studies uniquely offer a model of how to study gender as a social process rather than merely studying women and treating sex as a variable. A gender analysis yields a fuller understanding of emotions and social movement mobilization, backlash, policy implementation, agenda setting, and representation. Lastly, the book makes a non-essentialist case for more women judges, that is, one that does not rest on women's difference.

International Courts and the African Woman Judge

Josephine Jarpa Dawuni,Hon. Akua Kuenyehia
International Courts and the African Woman Judge Book PDF

Author : Josephine Jarpa Dawuni,Hon. Akua Kuenyehia
Publisher : Routledge
Page : 182 pages
File Size : 55,7 Mb
Release : 2017-11-28
Category : Social Science
ISBN : 9781315444420

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International Courts and the African Woman Judge by Josephine Jarpa Dawuni,Hon. Akua Kuenyehia Pdf

A sequel to Bauer and Dawuni's pioneering study on gender and the judiciary in Africa (Routledge, 2016), International Courts and the African Woman Judge examines questions on gender diversity, representative benches, and international courts by focusing on women judges from the continent of Africa. Drawing from postcolonial feminism, feminist institutionalism, feminist legal theory, and legal narratives, this book provides fresh and detailed narratives of seven women judges that challenge existing discourse on gender diversity in international courts. It answers important questions about how the politics of judicial appointments, gender, geographic location, class, and professional capital combine to shape the lives of women judges who sit on international courts and argues the need to disaggregate gender diversity with a view to understanding intra-group differences. International Courts and the African Woman Judge will be of interest to a variety of audiences including governments, policy makers, civil society organizations, students of gender studies, and feminist activists interested in all questions of gender and judging.

Gender and Justice

Sally J. Kenney
Gender and Justice Book PDF

Author : Sally J. Kenney
Publisher : Routledge
Page : 329 pages
File Size : 44,8 Mb
Release : 2012-09-10
Category : Social Science
ISBN : 9781136332074

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Gender and Justice by Sally J. Kenney Pdf

Intended for use in courses on law and society, as well as courses in women’s and gender studies, women and politics, and women and the law, this book explores different questions in different North American and European geographical jurisdictions and courts, demonstrating the value of a gender analysis of courts, judges, law, institutions, organizations, and, ultimately, politics. Gender and Justice argues empirically for both more women and more feminists on the bench, while demonstrating that achieving these two aims are independent projects.

Women Judges in the Muslim World

Anonim
Women Judges in the Muslim World Book PDF

Author : Anonim
Publisher : BRILL
Page : 346 pages
File Size : 47,8 Mb
Release : 2017-03-20
Category : Social Science
ISBN : 9789004342200

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Women Judges in the Muslim World by Anonim Pdf

Women Judges in the Muslim World: A Comparative Study of Discourse and Practice offers a socio-legal account of public debates and judicial practices surrounding the performance of women as judges in eight Muslim-majority countries.

Gender and Judicial Education

Ulrike Schultz,T. Brettel Dawson,Gisela Shaw
Gender and Judicial Education Book PDF

Author : Ulrike Schultz,T. Brettel Dawson,Gisela Shaw
Publisher : Routledge
Page : 138 pages
File Size : 54,8 Mb
Release : 2018-04-19
Category : Law
ISBN : 9781315521831

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Gender and Judicial Education by Ulrike Schultz,T. Brettel Dawson,Gisela Shaw Pdf

Judicial Education has greatly expanded in common law countries in the past 25 years. More recently it has become a core component in judicial reform programs in developing countries with gender attentiveness as an element required by donor agencies. In civil law jurisdictions judges ́ schools have long played a role in the formation of the career judiciary with a focus on entry to the judicial profession, in some countries judges get an intensive in-service education at judicial academies. Gender questions, however, tend to be neglected in the curricula. These judicial education activities have generated a significant body of material and experience which it is timely to review and disseminate. Questions such as the following require answers. What is the current state of affairs? How is judicial education implemented in developed and developing countries all around the world? Who are the educators? Who is being educated? How is judicial education on gender regarded by judges? How effective are these programs? The chapters in this book deal with these questions. They provide a multiplicity of perspectives. Six countries are represented, of these four are civil law countries (Germany, Argentina, Japan, Bosnia and Herzegovina) and two are common law countries (Canada; Uganda). This book was previously published as a special issue of International Journal of the Legal Profession.

New Perspectives on European Women’s Legal History

Sara L. Kimble,Marion Röwekamp
New Perspectives on European Women s Legal History Book PDF

Author : Sara L. Kimble,Marion Röwekamp
Publisher : Routledge
Page : 452 pages
File Size : 54,5 Mb
Release : 2016-07-01
Category : History
ISBN : 9781317577164

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New Perspectives on European Women’s Legal History by Sara L. Kimble,Marion Röwekamp Pdf

This book integrates women’s history and legal studies within the broader context of modern European history in the late nineteenth and twentieth centuries. Sixteen contributions from fourteen countries explore the ways in which the law contributes to the social construction of gender. They analyze questions of family law and international law and highlight the politics of gender in the legal professions in a variety of historical, social and national settings, including Eastern, Southern, Western, Northern and Central Europe. Focusing on different legal cultures, they show us the similarities and differences in the ways the law has shaped the contours of women and men’s lives in powerful ways. They also show how women have used legal knowledge to struggle for their equal rights on the national and transnational level. The chapters address the interconnectedness of the history of feminism, legislative reforms, and women’s citizenship, and build a foundation for a comparative vision of women’s legal history in modern Europe.

Gender and the Judiciary in Africa

Gretchen Bauer,Josephine Dawuni
Gender and the Judiciary in Africa Book PDF

Author : Gretchen Bauer,Josephine Dawuni
Publisher : Routledge
Page : 215 pages
File Size : 47,5 Mb
Release : 2015-10-30
Category : Political Science
ISBN : 9781317516491

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Gender and the Judiciary in Africa by Gretchen Bauer,Josephine Dawuni Pdf

Between 2000 and 2015, women ascended to the top of judiciaries across Africa, most notably as chief justices of supreme courts in common law countries like Ghana, Nigeria, Sierra Leone, Gambia, Malawi, Lesotho and Zambia, but also as presidents of constitutional courts in civil law countries such as Benin, Burundi, Gabon, Niger and Senegal. Most of these appointments was a "first" in terms of the gender of the chief justice. At the same time, women are being appointed in record numbers as magistrates, judges and justices across the continent. While women’s increasing numbers and roles in African executives and legislatures have been addressed in a burgeoning scholarly literature, very little work has focused on women in judiciaries. This book addresses the important issue of the increasing numbers and varied roles of women judges and justices, as judiciaries evolve across the continent. Scholars of law, gender politics and African politics provide overviews of recent developments in gender and the judiciary in nine African countries that represent north, east, southern and west Africa as well as a range of colonial experiences, postcolonial trajectories and legal systems, including mixes of common, civil, customary, or sharia law. In the process, each chapter seeks to address the following questions: What has been the historical experience of the judicial system in a given country, from before colonialism until the present? What is the current court structure and where are the women judges, justices, magistrates and other women located? What are the selection or appointment processes for joining the bench and in what ways may these help or hinder women to gain access to the courts as judges and justices? Once they become judges, do women on the bench promote the rights of women through their judicial powers? What are the challenges and obstacles facing women judges and justices in Africa? Timely and relevant in this era in which governmental accountability and transparency are essential to the consolidation of democracy in Africa and when women are accessing significant leadership positions across the continent, this book considers the substantive and symbolic representation of women’s interests by women judges and the wider implications of their presence for changing institutional norms and advancing the rule of law and human rights.

Women, Law, and Social Change

Brettel Dawson
Women Law and Social Change Book PDF

Author : Brettel Dawson
Publisher : Virago Press
Page : 632 pages
File Size : 54,6 Mb
Release : 2002-01-01
Category : Sex and law
ISBN : 1553220404

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Women, Law, and Social Change by Brettel Dawson Pdf

This fourth edition has been thoroughly revised while retaining its style of blending classic reading and contemporary writing in order to examine the evolving interactions between the law and women's lives in Canada. Coverage of equality law and feminist theory is updated and new Canadian material on feminist legal method is included. Other new and expanded material includes developments in sexual assault law, relationship recognition (sexual orientation), legal language, evidence, and dispute resolution including mediation.

Women in Law and Lawmaking in Nineteenth and Twentieth-Century Europe

Eva Schandevyl
Women in Law and Lawmaking in Nineteenth and Twentieth Century Europe Book PDF

Author : Eva Schandevyl
Publisher : Routledge
Page : 294 pages
File Size : 55,5 Mb
Release : 2016-02-17
Category : History
ISBN : 9781134775132

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Women in Law and Lawmaking in Nineteenth and Twentieth-Century Europe by Eva Schandevyl Pdf

Exploring the relationship between gender and law in Europe from the nineteenth century to present, this collection examines the recent feminisation of justice, its historical beginnings and the impact of gendered constructions on jurisprudence. It looks at what influenced the breakthrough of women in the judicial world and what gender factors determine the position of women at the various levels of the legal system. Every chapter in this book addresses these issues either from the point of view of women's legal history, or from that of gendered legal cultures. With contributions from scholars with expertise in the major regions of Europe, this book demonstrates a commitment to a methodological framework that is sensitive to the intersection of gender theory, legal studies and public policy, and that is based on historical methodologies. As such the collection offers a valuable contribution both to women's history research, and the wider development of European legal history.

Women and the Judiciary in the Asia-Pacific

Melissa Crouch
Women and the Judiciary in the Asia Pacific Book PDF

Author : Melissa Crouch
Publisher : Cambridge University Press
Page : 341 pages
File Size : 54,7 Mb
Release : 2021-10-07
Category : Law
ISBN : 9781316518328

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Women and the Judiciary in the Asia-Pacific by Melissa Crouch Pdf

First comparative study of women judges in the Asia-Pacific based on empirical socio-legal research.

Gender, Judging and the Courts in Africa

J. Jarpa Dawuni
Gender Judging and the Courts in Africa Book PDF

Author : J. Jarpa Dawuni
Publisher : Routledge
Page : 346 pages
File Size : 54,9 Mb
Release : 2021-11-29
Category : Law
ISBN : 9781000473308

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Gender, Judging and the Courts in Africa by J. Jarpa Dawuni Pdf

Women judges are playing increasingly prominent roles in many African judiciaries, yet there remains very little comparative research on the subject. Drawing on extensive cross-national data and theoretical and empirical analysis, this book provides a timely and broad-ranging assessment of gender and judging in African judiciaries. Employing different theoretical approaches, the book investigates how women have fared within domestic African judiciaries as both actors and litigants. It explores how women negotiate multiple hierarchies to access the judiciary, and how gender-related issues are handled in courts. The chapters in the book provide policy, theoretical and practical prescriptions to the challenges identified, and offer recommendations for the future directions of gender and judging in the post-COVID-19 era, including the role of technology, artificial intelligence, social media, and institutional transformations that can help promote women’s rights. Bringing together specific cases from Kenya, Uganda, Ghana, Nigeria, Zambia, Tanzania, and South Africa and regional bodies such as ECOWAS and the African Commission on Human and Peoples’ Rights, and covering a broad range of thematic reflections, this book will be of interest to scholars, students, and practitioners of African law, judicial politics, judicial training, and gender studies. It will also be useful to bilateral and multilateral donor institutions financing gender-sensitive judicial reform programs, particularly in Africa.