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Scottish Feminist Judgments: (Re)Creating Law from the Outside In

Scottish Feminist Judgments: (Re)Creating Law from the Outside In

Author: Sharon Cowan; Chloë Kennedy; Vanessa E. Munro
Publisher: Hart Publishing
ISBN: 9781509952748

Published In: July 2021
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781509923267

List Price: HKD 714.87

HKD 693.42 Save HKD 21.45 (3%)

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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.

PART I. CRIME, VICTIMISATION AND VIOLENCE

3. Smith v Lees 1997 SCCR 139

Judgment: Ilona Cairns

Commentary: Isla Callander

Reflective Statement: Ilona Cairns

4. McKearney v HM Advocate 2004 JC 87

Judgment: Pamela Ferguson

Commentary: Clare McGlynn

Reflective Statement: Pamela Ferguson

5. Ruxton v Lang 1998 SCCR 1

Judgment: Sharon Cowan and Vanessa E Munro

Commentary: Liz Campbell

Reflective Statement: Sharon Cowan and Vanessa E Munro

6. Drury v HM Advocate 2001 SLT 1013

Judgment: Claire McDiarmid

Commentary: Juliette Casey

Reflective Statement: Claire McDiarmid

PART II. FAMILY, HOME AND BELONGING

7. R & F v UK Application 35738/05 2005

Judgment: Carolynn Gray

Commentary: Becky Kaufmann

Reflective Statement: Carolynn Gray

8. White v White 2001 SC 689

Judgment: Kenneth Norrie

Commentary: Rosie Harding

Reflective Statement: Kenneth Norrie

9. Coyle v Coyle 2004 Fam LR 2

Judgment: Jane Mair

Commentary: Gillian Black

Reflective Statement: Jane Mair

10. Scottish Special Housing Association v Lumsden 1984 SLT (Sh Ct ) 71

Judgment: Peter Robson

Commentary: Alexander Latham-Gambi

Reflective Statement: Peter Robson

Artists' Statements and Illustrations between pages 222 and 223

11. Rafique v Amin 1997 SLT 1385

Judgment: Frankie McCarthy

Commentary: Bonnie Holligan

Reflective Statement: Frankie McCarthy

PART III. RELATIONAL DUTIES, EQUALITY AND DISCRIMINATION

12. Jex-Blake v Senatus Academicus of the University of Edinburgh (1873) 11 M 784

Judgment: Chloë Kennedy

Commentary: Stephen Bogle

Reflective Statement: Chloë Kennedy

13. Rainey v Greater Glasgow Health Board [1987] AC 224, HL

Judgment: Nicole Busby

Commentary: Diamond Ashiagbor

Reflective Statement: Nicole Busby

14. Commonwealth Oil & Gas Co Ltd v Baxter and Another [2009] CSIH 75

Judgment: Alice Belcher

Commentary: Anindita Jaiswal

Reflective Statement: Alice Belcher

15. Greater Glasgow Health Board v Doogan & Another [2014] UKSC 68

Judgment: Agomoni Ganguli-Mitra and Emily Postan

Commentary: Mary Neal

Reflective Statement: Agomoni Ganguli-Mitra and Emily Postan

PART IV. CITIZENSHIP, CULTURE AND PROTECTION

16. Helen Johnson (AP) v IAT 2004 (P340/04), Court of Session

Judgment: Nicola Loughran

Commentary: Helen Baillot

Reflective Statement: Nicola Loughran

17. Rape Crisis Centre v Secretary of State for the Home Department 2000 SC 527

Judgment: Dimitrios Kagiaros

Commentary: Sandy Brindley

Reflective Statement: Dimitrios Kagiaros

18. Salvesen v Riddell [2013] UKSC 236

Judgment: Aileen McHarg and Donald Nicolson

Commentary: Shazia Choudhry

Reflective Statement: Aileen McHarg and Donald Nicolson

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