Feminist Judgments: From Theory to Practice

Feminist Judgments: From Theory to Practice

Feminist Judgments: From Theory to Practice

Feminist Judgments: From Theory to Practice


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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 the decisions of individual cases. In this unique and thought-provoking 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 UK's 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 book 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. (Subject: Law & Gender, Legal Theory)

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Product Details

ISBN-13: 9781849460538
Publisher: Bloomsbury Academic
Publication date: 09/30/2010
Pages: 504
Product dimensions: 6.70(w) x 9.50(h) x 1.10(d)

About the Author

Rosemary Hunter is Professor of Law and Socio-Legal Studies at the University of Kent.
Clare McGlynn is a Professor at Durham University.
Erika Rackley is a Professor of Law at the University of Kent.

Table of Contents

1 Feminist Judgments: An Introduc

Rosemary Hunter Cla

Erika Rackley 312

An Account of Feminis

Rosemary Hunter 3012 3 The Art

Erika Rackley 4411 Part II Parenting12 4 Evans v A

Commentary Sally Sheldon 5913

Sonia Harris-Short 6412 5 Re N (A Child)13 Commentary Emily Jackson 8313 Judgment Sam


Re G (Children) (Residence: Same-S

Commentary Daniel

9613 Judgment Alison Diduck

10212 7 Re L (A C

Commentary Christine Piper 11

Judgment Felicity Kaganas 12012 8 Re A (Ch

Commentary Ri

13413 Judgment Geraldine Hasting

13911 Part III Property and Mar

9 Royal Bank of Scotland P

Commentary Alison Diduck 14913 Jud

Rosemary Auchmuty 15512 10

Commentary Mauree

17013 Judgment Anna Grear 17412

Baird Textile Holdings v Marks

Commentary Jo

18413 Judgment LindaMulcahy and Cathy Andre

18911 Part IV Criminal Law and Ev

12 R v A (No2)13

Louise Ellison 20513 Judgment Clare McGl

21112 13 R v Stone and Dobi

Commentary Neil Cobb 22813 Judgment

23412 14 R v Brown13

Commentary Matthe


Robin Mackenzie 2471

15 R v Dhaliwal13 Comment

Mandy Burton 25513 Judg

Vanessa Munro and Sangeeta

26112 16

Commentary Susan Edwards

Judgment Samia Bano and Pr

27812 1

Attorney-General for Jersey v H

Commentary Clare Connelly 29213 Judgm

Susan Edwards 29711 Part

Public Law12 18 IT v Birmingh

Commentary Mora

31113 Judgment Helen Can and

31812 19 R (Begu

Commentary H

32913 Judgment Maleiha Malik 33

20 Sheffield City Council v E

Commentary Jonathan Herring 34613 Judgmen

Nicola Barker and Marie Fox 35112 21 R v Ports

Commentary Anne Morr

36313 Judgment Jo Bridgeman

Part VI Equality12 22 Rob

Commentary Stephanie Palmer

38113 Judgment Harriet Samuels 38712 23 Mundonv De


40113 Judgment


40712 24 James v


Joanne Conaghan 41413 Judgme

Aileen McColgan 42012 25 Wil


42513 Judgment Rosie Hardi

43012 26 EM (Lebanon) v Secretary

Judy Walsh 44313 Jud

Karon Monaghan 44901


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