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Feminist Judgments

Feminist Judgments From Theory to Practice

Author: Rosemary Hunter; Clare McGlynn; Erika Rackley
Publisher: Hart Publishing
ISBN: 9781849460538
Published In: October 2010
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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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.

Contents:: Part I Introduction and Overview; 1 Feminist Judgments: An Introduction; Rosemary Hunter, Clare McGlynn and Erika Rackley; 2 An Account of Feminist Judging; Rosemary Hunter; 3 The Art and Craft of Writing Judgments: Notes on the Feminist Judgments Project; Erika Rackley; Part II Parenting; 4 Evans v Amicus Healthcare Ltd; Commentary: Sally Sheldon; Judgment: Sonia Harris-Short; 5 Re N (A Child); Commentary: Emily Jackson; Judgment: Samantha Ashenden; 6 Re G (Children) (Residence: Same-Sex Partner); Commentary: Daniel Monk; Judgment: Alison Diduck; 7 Re L (A Child) (Contact: Domestic Violence); Commentary: Christine Piper; Judgment: Felicity Kaganas; 8 Re A (Children) (Conjoined Twins: Surgical Separation); Commentary: Richard Huxtable; Judgment: Geraldine Hastings; Part III Property and Markets; 9 Royal Bank of Scotland v Etridge (No 2); Commentary: Alison Diduck; Judgment: Rosemary Auchmuty; 10 Porter v Commissioner of Police for the Metropolis; Commentary: Maureen O'Sullivan; Judgment: Anna Grear; 11 Baird Textile Holdings v Marks & Spencer Plc; Commentary: John Wightman; Judgment: Linda Mulcahy and Cathy Andrews; Part IV Criminal Law and Evidence; 12 R v A (No 2); Commentary: Louise Ellison; Judgment: Clare McGlynn; 13 R v Stone and Dobinson; Commentary: Neil Cobb Judgment: Lois Bibbings; 14 R v Brown; Commentary: Matthew Weait and Rosemary Hunter; Judgment: Robin Mackenzie; 15 R v Dhaliwal; Commentary: Mandy Burton; Judgment: Vanessa Munro and Sangeeta Shah; 16 R v Zoora (Ghulam) Shah; Commentary: Susan Edwards; Judgment: Samia Bano and Pragna Patel; 17 Attorney-General for Jersey v Holley; Commentary: Clare Connelly; Judgment: Susan Edwards; Part V Public Law; 18 YL v Birmingham City Council and Others; Commentary: Morag McDermont; Judgment: Helen Carr and Caroline Hunter; 19 R (Begum) v Governors of Denbigh High School; Commentary: Holly Cullen; Judgment: Maleiha Malik; 20 Sheffield City Council v E; Commentary: Jonathan Herring; Judgment: Nicola Barker and Marie Fox; 21 R v Portsmouth Hospitals NHS Trust, ex parte Glass; Commentary: Anne Morris; Judgment: Jo Bridgeman; Part VI Equality; 22 Roberts v Hopwood; Commentary: Stephanie Palmer; Judgment: Harriet Samuels; 23 Mundon v Del Monte Foods Ltd; Commentary: Gwyneth Pitt; Judgment: Rachel Horton and Grace James; 24 James v Eastleigh Borough Council; Commentary: Joanne Conaghan; Judgment: Aileen McColgan; 25 Wilkinson v Kitzinger; Commentary: Karon Monaghan; Judgment: Rosie Harding; 26 EM (Lebanon) v Secretary of State for the Home Department; Commentary: Judy Walsh; Judgment: Karon Monaghan.