The Scottish Feminist Judgments Project
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| Author | : Sharon Cowan |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 483 |
| Release | : 2019-10-31 |
| Genre | : Law |
| ISBN | : 1509923268 |
"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 | : Rosemary Hunter |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 414 |
| Release | : 2010-09-30 |
| Genre | : Law |
| ISBN | : 1847317278 |
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 |
| Total Pages | : 701 |
| Release | : 2017-02-09 |
| Genre | : Law |
| ISBN | : 1509908943 |
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 | : Loveday Hodson |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 849 |
| Release | : 2019-09-05 |
| Genre | : Law |
| ISBN | : 1509914439 |
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 |
| Total Pages | : 645 |
| Release | : 2017-11-30 |
| Genre | : Law |
| ISBN | : 1509909737 |
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 | : Heather Douglas |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 816 |
| Release | : 2014-11-20 |
| Genre | : Law |
| ISBN | : 1782255419 |
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.
| Author | : Simon Deakin |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 272 |
| Release | : 2020-11-26 |
| Genre | : Law |
| ISBN | : 1509937072 |
What does computable law mean for the autonomy, authority, and legitimacy of the legal system? Are we witnessing a shift from Rule of Law to a new Rule of Technology? Should we even build these things in the first place? This unique volume collects original papers by a group of leading international scholars to address some of the fascinating questions raised by the encroachment of Artificial Intelligence (AI) into more aspects of legal process, administration, and culture. Weighing near-term benefits against the longer-term, and potentially path-dependent, implications of replacing human legal authority with computational systems, this volume pushes back against the more uncritical accounts of AI in law and the eagerness of scholars, governments, and LegalTech developers, to overlook the more fundamental - and perhaps 'bigger picture' - ramifications of computable law. With contributions by Simon Deakin, Christopher Markou, Mireille Hildebrandt, Roger Brownsword, Sylvie Delacroix, Lyria Bennet Moses, Ryan Abbott, Jennifer Cobbe, Lily Hands, John Morison, Alex Sarch, and Dilan Thampapillai, as well as a foreword from Frank Pasquale.
| Author | : Dara Hallinan |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 333 |
| Release | : 2020-01-23 |
| Genre | : Law |
| ISBN | : 1509932755 |
The subjects of this volume are more relevant than ever, especially in light of the raft of electoral scandals concerning voter profiling. This volume brings together papers that offer conceptual analyses, highlight issues, propose solutions, and discuss practices regarding privacy and data protection. It is one of the results of the twelfth annual International Conference on Computers, Privacy and Data Protection, CPDP, held in Brussels in January 2019. The book explores the following topics: dataset nutrition labels, lifelogging and privacy by design, data protection iconography, the substance and essence of the right to data protection, public registers and data protection, modelling and verification in data protection impact assessments, examination scripts and data protection law in Cameroon, the protection of children's digital rights in the GDPR, the concept of the scope of risk in the GDPR and the ePrivacy Regulation. This interdisciplinary book has been written at a time when the scale and impact of data processing on society – not only on individuals, but also on social systems – is becoming ever starker. It discusses open issues as well as daring and prospective approaches, and will serve as an insightful resource for readers with an interest in computers, privacy and data protection.
| Author | : Jonathan Haidt |
| Publisher | : Vintage |
| Total Pages | : 530 |
| Release | : 2013-02-12 |
| Genre | : Psychology |
| ISBN | : 0307455777 |
NEW YORK TIMES BESTSELLER • The acclaimed social psychologist challenges conventional thinking about morality, politics, and religion in a way that speaks to conservatives and liberals alike—a “landmark contribution to humanity’s understanding of itself” (The New York Times Book Review). Drawing on his twenty-five years of groundbreaking research on moral psychology, Jonathan Haidt shows how moral judgments arise not from reason but from gut feelings. He shows why liberals, conservatives, and libertarians have such different intuitions about right and wrong, and he shows why each side is actually right about many of its central concerns. In this subtle yet accessible book, Haidt gives you the key to understanding the miracle of human cooperation, as well as the curse of our eternal divisions and conflicts. If you’re ready to trade in anger for understanding, read The Righteous Mind.
| Author | : Anneliese A. Singh |
| Publisher | : New Harbinger Publications |
| Total Pages | : 224 |
| Release | : 2018-02-02 |
| Genre | : Self-Help |
| ISBN | : 1626259488 |
How can you build unshakable confidence and resilience in a world still filled with ignorance, inequality, and discrimination? The Queer and Transgender Resilience Workbook will teach you how to challenge internalized negative messages, handle stress, build a community of support, and embrace your true self. Resilience is a key ingredient for psychological health and wellness. It’s what gives people the psychological strength to cope with everyday stress, as well as major setbacks. For many people, stressful events may include job loss, financial problems, illness, natural disasters, medical emergencies, divorce, or the death of a loved one. But if you are queer or gender non-conforming, life stresses may also include discrimination in housing and health care, employment barriers, homelessness, family rejection, physical attacks or threats, and general unfair treatment and oppression—all of which lead to overwhelming feelings of hopelessness and powerlessness. So, how can you gain resilience in a society that is so often toxic and unwelcoming? In this important workbook, you’ll discover how to cultivate the key components of resilience: holding a positive view of yourself and your abilities; knowing your worth and cultivating a strong sense of self-esteem; effectively utilizing resources; being assertive and creating a support community; fostering hope and growth within yourself, and finding the strength to help others. Once you know how to tap into your personal resilience, you’ll have an unlimited well you can draw from to navigate everyday challenges. By learning to challenge internalized negative messages and remove obstacles from your life, you can build the resilience you need to embrace your truest self in an imperfect world.
