[PDF] Scottish Feminist Judgments eBook

Author : Sharon Cowan
Publisher : Bloomsbury Publishing
Page : 483 pages
File Size : 32,2 MB
Release : 2019-10-31
Category : Law
ISBN : 1509923268

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"An innovative collaboration between academics, practitioners, activists and artists, this timely and provocative book re-writes 16 significant Scots law cases, spanning a range of substantive topics, from a feminist perspective. Exposing the power, politics and partiality reflected in the initial judgment, our 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. It will be of interest to academics, practitioners and students of Scots law, and policy-makers, as well as to scholars of feminist and critical theory, and law and gender, internationally. 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"--

Author : Sharon Cowan
Publisher : Bloomsbury Publishing
Page : 472 pages
File Size : 49,61 MB
Release : 2019-12-12
Category : Law
ISBN : 1509923284

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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.

Author : Rosemary Hunter
Publisher : Bloomsbury Publishing
Page : 504 pages
File Size : 34,27 MB
Release : 2010-09-30
Category : Law
ISBN : 1847316018

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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.'

Author : Máiréad Enright
Publisher : Bloomsbury Publishing
Page : 701 pages
File Size : 25,58 MB
Release : 2017-02-09
Category : Law
ISBN : 1509908943

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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

Author : Sharon Cowan
Publisher : Bloomsbury Publishing
Page : 743 pages
File Size : 32,86 MB
Release : 2019-12-12
Category : Law
ISBN : 1509923276

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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.

Author : Sharon Cowan
Publisher :
Page : 16 pages
File Size : 38,98 MB
Release : 2018
Category :
ISBN :

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English abstract: This article lays out the inner workings of the new Scottish Feminist Judgments Project (SFJP). Against the backdrop of our discussions at the FJPs meeting in Oñati, May 2017, it considers the ways in which the SJP has evolved, including the methodological and theoretical choices that have shaped the project so far. The SFJP is part of a collective and collaborative endeavour that forms part of a critical mass strategy for change. It also offers its own unique insights into the ways that issues such as national identity, as well as gender, can influence the extent to which feminist voices can challenge the legal cultures and traditions in a particular jurisdiction, and even our understanding of feminism itself. Although FJPs are only one way of challenging legal orthodoxy, they offer an opportunity for wide scale collective activism and critique across different legal jurisdictions and cultures that could help to bring legal cultural change. Spanish abstract: El presente artículo expone los procesos internos del nuevo Proyecto de Tribunal Feminista Escocés (SFJP son sus siglas en inglés). El SFJP es parte de un esfuerzo colectivo y colaborativo que forma parte, a su vez, de una estrategia crítica en masa a favor del cambio. También ofrece sus propios enfoques sobre cómo algunos temas - identidad nacional, además del género - pueden influir la capacidad de las voces feministas para poner en entredicho las culturas jurídicas y las tradiciones de una jurisdicción concreta, e incluso nuestra forma de entender el propio feminismo. Pese a que los proyectos de tribunales feministas son sólo una forma de cuestionar la ortodoxia jurídica, ofrecen una oportunidad de activismo y crítica grupal a gran escala que une diferentes juridsicciones y culturas, lo cual puede ayudar a cambiar la cultura jurídica.

Author : Loveday Hodson
Publisher : Bloomsbury Publishing
Page : 815 pages
File Size : 32,50 MB
Release : 2019-09-05
Category : Law
ISBN : 1509914439

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The emergence of feminist rewriting of key judgments has been one of the most interesting recent developments in legal methodology. This unique enterprise has seen scholars collaborate in the 'real world' task of reassessing jurisprudence in light of feminist perspectives. This important new volume makes a significant contribution to the endeavour, exploring how key judgments in international law might have differed if feminist judges had sat on the bench. This collection asks whether feminist perspectives can offer meaningful and viable alternatives to international law norms; and if so, whether that application results in distinguishable differences in outcomes. It answers these questions with particular reference to sources of international law, the public and private divide, State responsibility, State immunities, treaty law, State sovereignty, human rights protection, global governance, and the concept of violence in international law. This landmark publication offers a truly innovative reassessment of international law. Winner of the 2020 ASIL Certificate of Merit for a Preeminent Contribution to Creative Scholarship.

Author : Elisabeth McDonald
Publisher : Bloomsbury Publishing
Page : 575 pages
File Size : 29,49 MB
Release : 2017-11-30
Category : Law
ISBN : 1509909753

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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

Author : Bridget J. Crawford
Publisher : NYU Press
Page : 287 pages
File Size : 49,24 MB
Release : 2024-10
Category : Law
ISBN : 1479835293

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Explores the burgeoning menstrual advocacy movement and analyzes how law should evolve to take menstruation into account. Approximately half the population menstruates for a large portion of their lives, but the law is mostly silent about the topic. Until recently, most people would have said that periods are private matters not to be discussed in public. But the last few years have seen a new willingness among advocates and allies of all ages to speak openly about periods. Slowly around the globe, people are recognizing the basic fundamental human right to address menstruation in a safe and affordable way, free of stigma, shame, or barriers to access. Menstruation Matters explores the role of law in this movement. It asks what the law currently says about menstruation (spoiler alert: not much) and provides a roadmap for legal reform that can move society closer to a world where no one is held back or disadvantaged by menstruation. Bridget J. Crawford and Emily Gold Waldman examine these issues in a wide range of contexts, from schools to workplaces to prisons to tax policies and more. Ultimately, they seek to transform both law and society so that menstruation is no longer an obstacle to full participation in all aspects of public and private life.

Author : Heather Douglas
Publisher : Bloomsbury Publishing
Page : 780 pages
File Size : 45,92 MB
Release : 2014-11-20
Category : Law
ISBN : 1782255419

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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.