Erika Rackley

Rosemary Hunter

Clare McGlynn

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.'

From Theory to Practice

Feminist Judgments

Sharon Cowan

This current and timely volume presents new thinking and new directions in feminist legal scholarship. Rethinking key concepts in legal feminism, Cowan and Hunter provide a unique examination of key socio-legal concepts in law, jurisprudence and legal and political theory. Written by an international cast of contributors, offering different cultural perspectives as well as doctrinal and theoretical knowledge, this collection of essays presents a dialogue between different feminist positions and approaches to a common theme. It addresses a range of questions, including: Can 'consent' be rethought and infused with different meanings in a post-liberal feminist politics? Can the concepts of 'choice' and 'consent' have consistent meanings and functions between different areas of law, or whether they prove to be highly contingent when viewed across the broad field of law. Exploring the deeply gendered concepts of ‘choice’ and ‘consent’ and examining the philosophical and jurisprudential issues surrounding them as well as how ‘choice’ and ‘consent’ operate in particular areas of law, including criminal law, medical law, constitutional law, employment law, family law and civil procedure, this volume is a key resource for postgraduate law students studying jurisprudence.

Feminist Engagements with Law and Subjectivity

Choice and Consent

David Nelken

Ulrike Schultz

Håkan Hydén

Roger Cotterrell

This open access book pays homage to Reza Banakar, who passed away in August 2020, exploring the many different areas of socio-legal research that he worked on and influenced. It begins with a summary of his career and explains how he sparked a debate on the identity and aims of legal sociology. The book is then split into 5 sections: - Theory, including chapters on normativity and the stepchild controversy; - Methods and interdisciplinarity, illustrating how Banakar encouraged socio-legal scholars to push the boundaries of existing socio-legal knowledge through interdisciplinary imagination and methodological flexibility; - Legal culture, with particular focus on Iran - 2 areas of special interest for Banakar; - Law and science, covering topics such as human rights, the right to life, and the COVID-19 pandemic; and - Applied sociology of law, inspired by Banakar's engagement with empirical research and case studies. As well as honouring Reza Banakar's memory and unique thinking, the book aims to advance the sociology of law by demonstrating the interconnectedness of the legal and the social from a broad range of perspectives. The eBook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by Lund University Libraries.

An Homage to Reza Banakar

Combining the Legal and the Social in Sociology of Law

Elisabeth McDonald

Rhonda Powell

Mamari Stephens

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

Te Rino: A Two-Stranded Rope

Feminist Judgments of Aotearoa New Zealand

Ko ngā muka oÿ te rino : threads of the two-stranded rope / Rhonda Powell, Elisabeth McDonald, Māmari Stephens and Rosemary Hunter -- Law in Aotearoa New Zealand / Māmari Stephens and Rhonda Powell -- Introducing the feminist and mana wahine judgments / Rosemary Hunter, Māmari Stephens, Elisabeth McDonald and Rhonda Powell -- Taylor v Attorney General [2015] NZHC 1706, commentary : disengaging the disengaged / Margaret Wilson and Julia Amua Whaipooti, judgment : Mihiata Pirini and Lisa Yarwood -- Brooker v Police [2007] NZSC 307, commentary : rights balancing rejected / Ursula Cheer, judgment : Janet McLean -- Ruka v Department of Social Welfare [1997] 1 NZLR 154, commentary : defining a relationship for the purposes of state support / Catriona MacLennan, judgment : Māmari Stephens -- Lawson v Housing New Zealand [1997] 2 NZLR 474, commentary : state housing, market rents and families facing eviction / Dean R Knight, judgment : Natalie Baird -- Seales v Attorney-General [2015] NZHC 1239, commentary : the potential interface of gender and vulnerability in legal contexts / Kate Diesfeld, judgment : Joanna Manning -- Hallagan v Medical Council of New Zealand HC Wellington CIV-2010-485-222, 2 December 2010, commentary : whose choice, whose conscience? / Colin Gavaghan, judgment : Rhonda Powell -- Re W [PPPR] ('Re Williams[PPPR]') (1993) 11 FRNZ 108, commentary : caring for the pregnant woman / Rosemary Hunter, judgment : Holly Hedley -- Quilter v Attorney General [1997] NZCA 207, commentary : same-sex marriage and the Marriage Act / Wendy Aldred, judgment : Clare Abaffy -- Amo'h v Ajo'h (Caldwell v Caldwell) [2010] NZFC 48, commentary : the case of the missing woman / Erin Ebborn, judgment: Ruth Ballantyne -- V v V [2002] NZFLR 1105, commentary : a fair share of the pavlova? / Vivienne Crawshaw and Khyati Shah, judgment : John Adams -- Lankow v Rose [1995] 1 NZLR 277, commentary : property division on the breakdown of a de facto relationship : the search for a just outcome / Nicola Peart and Kyla Mullen, judgment : Mark Bennett -- Director of Human Rights Proceedings v Goodrum [2002] NZHRRT 13, commentary : the challenge of proving discrimination in the face of bias and gender stereotyping / Sam Bookman and Gayathiri Ganeshan, judgment : Selene Mize -- Air Nelson v C [2011] NZCA 466, commentary : she said, he said, from myth to reality / Annick Masselot, judgment : Jenny Catran and Martha Coleman -- Stephens v Barron [2014] NZCA 82, commentary : should company law principles affect duty of care analysis? / Liesle Theron, judgment : Victoria Stace -- Bruce v Edwards [2002] NZCA 294, commentary : taonga tuku iho, the generational treasure of land / Jacinta Ruru, judgment : Kerensa Johnston and Mariah Hori Te Pa -- Waipapakura v Hempton (1914) 33 NZLR 1065, commentary : whitebait for the people / John Dawson, judgment : Emma Gattey -- Squid Fishery Management Company Ltd v Minister of Fisheries (CA39/04, 7 April 2004), commentary : an ecofeminist approach to the impact of fisheries on sea lion mortality / Joanna Mossop, judgment: Nicola Wheen -- West Coast Ent Inc v Buller Coal Lltd [2013] NZSC 87, commentary : broadening an ethic of care to recognise responsibility for climate change / Catherine Iorns, judgment : Estair van Wagner -- R v S [2015] NZHC 801, commentary : reasonable grounds to believe an unconscious woman is consenting? : the relevance of advance consent / Elisabeth McDonald, judgment : Paulette Benton-Greig -- R v Sturm [2004] 1 NZLR 570, commentary : "well, what did you think would happen?" / Cassandra Mudgway, judgment : Sarah Croskery-Hewitt -- Vuletich v R [2010] NZCA 102, commentary : when is sexual violence against adults unusual? : the admissibility of propensity evidence / Elisabeth McDonald, judgment: Carissa Cross -- Police v Kawiti [2000] 1 NZLR 117, commentary : Kāwiti at the centre / Julia Tolmie and Khylee Quince, judgment : Khylee Quince and Julia Tolmie -- R v Wang [1990] 2 NZLR 529, commentary : finding a plausible and credible narrative of self-defence / Lexie Kirkconnell-Kawana and Alarna Sharratt, judgment : Brenda Midson -- R v Te Tomo [2012] NZHC 71, commentary : the truth about sentencing Maori women : giving context to the meaning of mana wahine / Linda Hasan-Stein and Valmaine Toki, judgment : Valmaine Toki -- R v Taueki [2005] NZCA 174, commentary : sentencing guidelines for domestic violence : the missing factors / Yvette Tinsley, judgment : Frances Gourlay

Caroline Hunter

Helen Carr

Brendan Edgeworth

Based on a workshop "Law and the Precarious Home" hosted by Onati International Institute for the Sociology of Law, July 2015.--ECIP acknowledgments.

Socio Legal Perspectives on the Home in Insecure Times

Law and the Precarious Home

Jessie Hohmann

Beth Goldblatt

What does the right to the continuous improvement of living conditions in Article 11(1) of the International Covenant on Economic, Social and Cultural Rights really mean and how can it contribute to social change? The book explores how this underdeveloped right can have valuable application in response to global problems of poverty, inequality and climate destruction, through an in-depth consideration of its meaning. The book seeks to interpret and give meaning to the right as a legal standard, giving it practical value for those whose living conditions are inadequate. It locates the right within broader philosophical and political debates, whilst also assessing the challenges to its realisation. It also explores how the right relates to human rights more generally and considers its application to issues of gender, care and the rights of Indigenous peoples. The contributors deeply probe the meaning of 'living conditions', suggesting that these encompass more than the basic rights to housing, water, food, and clothing. The chapters provide a range of doctrinal, historical and philosophical engagements through grounded analysis and imaginative interpretation. With a foreword by Sandra Liebenberg (former Member of the UN Committee on Economic, Social and Cultural Rights), the book includes chapters from renowned and emerging scholars working across disciplines from around the world.

Responding to Complex Global Challenges

The Right to the Continuous Improvement of Living Conditions

Susanne Karstedt

Kai Bussmann

This book explores new directions in contemporary theorising about the impact of social and cultural dynamics on crime and social control.

New Theories for a World in Transition

Social Dynamics of Crime and Control

Gisela Shaw

Based on both quantitative and qualitative analyses, this is the first comprehensive study of women in the world's legal professions.

Women in the World's Legal Professions

Anne Barlow

Janet Smithson

Jan Ewing

​The family justice system in England and Wales has undergone radical change over the past 20 years. A significant part of this shifting landscape has been an increasing emphasis on settling private family disputes out of court, which has been embraced by policy-makers, judges and practitioners alike and is promoted as an unqualified good. Mapping Paths to Family Justice: Resolving Family Disputes in Neoliberal Times examines the experiences of people taking part in out-of-court family dispute resolution in England and Wales. It addresses questions such as how participants’ experiences match up to the ideal; how recent changes to the legal system have affected people’s ability to access out-of-court dispute resolution; and what kind of outcomes are achieved in family dispute resolution. This book is the first study systematically to compare different forms of family dispute resolution. It explores people’s experiences of solicitor negotiations, mediation and collaborative law empirically by analyzing findings from a nationally representative survey, individual in-depth interviews with parties and practitioners, and recorded family dispute resolution processes. It considers these in the context of ongoing neoliberal reforms to the family justice system, drawing out conclusions and implications for policy and practice.

Resolving Family Disputes in Neoliberal Times

Mapping Paths to Family Justice

Richard Johnstone

Richard Ingleby

There is more to law than rules, robes and precedents. Rather, law is an integral part of social practices and policies, as diverse and complex as society itself. Thinking About Law offers a comprehensive introduction to the ways in which law has been presented and represented. It explores historical, sociological, economic and philosophical perspectives on the major legal and political debates in Australia today. The contributors examine the position of Aborigines in the Australian legal system and the impact of the Mabo case; divisions of power in Australian society and law; the question of objectivity in law; the relationship between legislation and social change; judicial decision-making and other issues. Accessibly written, Thinking About Law is essential reading for students and anyone interested in understanding our legal system.

Perspectives on the history, philosophy and sociology of law

Thinking About Law

Ronnie Lippens

This book explores the issue of how the Imaginary has a role in the production and reproduction of 'visions' of legal and social justice.

Social and Legal Justice Across Disciplines

Imaginary Boundaries of Justice

This current and timely volume presents new thinking and new directions in feminist legal scholarship. Rethinking key concepts in legal feminism, Cowan and Hunter provide a unique examination of key socio-legal concepts in law, jurisprudence and legal and political theory. Written by an international cast of contributors, offering different cultural perspectives as well as doctrinal and theoretical knowledge, this collection of essays presents a dialogue between different feminist positions and approaches to a common theme. It addresses a range of questions, including: Can 'consent' be rethought and infused with different meanings in a post-liberal feminist politics? Can the concepts of 'choice' and 'consent' have consistent meanings and functions between different areas of law, or whether they prove to be highly contingent when viewed across the broad field of law. Exploring the deeply gendered concepts of 'choice' and 'consent' and examining the philosophical and jurisprudential issues surrounding them as well as how 'choice' and 'consent' operate in particular areas of law, including criminal law, medical law, constitutional law, employment law, family law and civil procedure, this volume is a key resource for postgraduate law students studying jurisprudence.

Lars Trägårdh

Lars Tragardh

In this book historians, legal scholars and political theorists consider the fate of national democracy in the age of globalization.

Rosemary Hunter

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