Description
Book SynopsisThis 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.
Trade ReviewAustralian Feminist Judgments is a valuable extension of the emerging feminist judgement-writing genre. -- Heather Roberts * Legal Studies, Vol 35(3) *
The book is a fascinating and refreshing approach to judging. It will no doubt find a ready place in Law Schools, but more widely among the judiciary and the practising profession. -- Greg Reinhardt * Journal of Judicial Administration, 2015 *
Australian Feminist Judgemenst: Righting and Rewriting Law enlivens the reader's imagination about the real transformative potential of feminist legal reasoning. -- KCasey McLoughlin * Alternative Law Journal, 40:2 2015 *
...a marvellous sweep through all aspects of contemporary Australian judgments...You will never look at a judgment the same way again... -- Jennifer Giles * Workplace Review, 6:32 *
Australian Feminist Judgments ably and engagingly achieves its stated objective...the editors' innovations from the pre-existing models of feminist judgments...ensures that
Australian Feminist Judgments provides rich material through which to consider feminist judging's nature, purpose and impact. -- Heather Roberts and Laura Sweeney * Sydney Law Review *
The judgments are eloquent, well-reasoned, realistic, and above all, interesting...
Australian Feminist Judgments: Righting and Rewriting Law will appeal to a wide audience - particularly judges, academics, legal practitioners, law students and people who are interested in feminism or legal jurisprudence. -- Betheli O'Carroll * Griffith Law Review *
Australian Feminist Judgments is academic but accessible, and it is sure to spark many debates on the role of feminist jurisprudence...It reminds us that change within existing legal frameworks is possible. -- Caroline Jones * Portia *
Table of Contents1 Introduction: Righting Australian Law Heather Douglas, Francesca Bartlett, Trish Luker and Rosemary Hunter 2 Reflections on Rewriting the Law Heather Douglas, Francesca Bartlett, Trish Luker and Rosemary Hunter Part I Public Law Constitutional Law 3 Kartinyeri v The Commonwealth [1998] HCA Commentary: Kathy Bowrey First Nations Stories, Grandmother’s Law: Too Many Stories to Tell: Irene Watson 4 R v Pearson; Ex parte Sipka [1983] HCA 6 Feminism and the Franchise: Elisa Arcioni Judgment: Kim Rubenstein 5 Dietrich v R [1992] HCA Commentary: Margaret Davies Judgment: Reg Graycar and Jenny Morgan Tax Law 6 Lodge v Federal Commissioner of Taxation [1972] HCA Commentary: Ann O’Connell Judgment: Kerrie Sadiq Immigration Law 7 Re Minister for Immigration and Multicultural and Indigenous Affairs;Ex parte Applicants S134/2002 [2003] HCA 1 Roqia’s Story: Refugees and Natural Justice in the Court of Public Opinion: Mary Crock Judgment: Charlotte Steer 8 Appellant S395/2002 v Minister for Immigration and Multicultural Affairs[2003] HCA Commentary: Wayne Morgan Judgment: Nan Seuffert Environmental Law 9 Wildlife Preservation Society of Queensland Proserpine/Whitsunday Branch Inc v Minister for the Environment and Heritage [2006] FCA Addressing Climate Change Inequities: The Contribution of a Feminist Judgment: Jacqueline Peel Judgment: Lee Godden Part II Private Law Torts 10 Cattanach v Melchior [2003] HCA The Economic Value of Human Relationships: Cattanach v Melchior Revisited: Isabel Karpin Judgment: Kylie Burns Consumer Protection 11 ACCC v Keshow [2005] FCA Unconscionability, Education and Indigenous Women: Bronwyn Naylor Judgment: Heron Loban Equity 12 Louth v Diprose [1992] HCA 61 Give and Take: Unconscionability and the Pervasiveness of Gender Stereotypes: Paula Baron Judgment: Francesca Bartlett 13 Trustees of the Property of John Daniel Cummins, a Bankrupt v Cummins [2006] HCA 6 Formal Equality and Third Party Interests in the Family Home: Francesca Bartlett Judgment: Lisa Sarmas Part III Crime and Evidence Criminal Law 14 Parker v R [1963] HCA 14 Reconsidering Precedent: Heather Douglas Judgment: Adrian Howe 15 Taikato v R [1996] HCA 28 A Well-founded Fear? Giving Context to Self-defence: Julie Stubbs Judgment: Penny Crofts and Isabella Alexander 16 PGA v R [2012] HCA 21 Admitting Legal Wrongs: Ngaire Naffine Judgment: Wendy Larcombe and Mary Heath Evidence 17 RPS v R [2000] HCA 3 Commentary: Katherine Biber Judgment: Helen O’Sullivan 18 Phillips v R [2006] HCA 4 Locating Consent in Similar-Fact Cases: Mehera San Roque Judgment: Annie Cossins Sentencing 19 R v Webster [1990] NSWSC 70012/90 Truth in Sentencing: The Narration of Judgment: Kirsty Duncanson Judgment: Honni van Rijswijk and Lesley Townsley 20 R v Middendorp [2010] VSC 202 Defensive Homicide: JaneMaree Maher Judgment: Kate Fitz-Gibbon, Danielle Tyson and Jude McCulloch 21 R v Morgan [2010] VSCA 15 Intersectionality and Indigenous Sentencing Courts: Heather Douglas Judgment: Elena Marchetti and Janet Ransley Part IV Interpreting Equality Family Law 22 U v U [2002] HCA 36 Commentary: Rachael Field Judgment: Jonathan Crowe 23 Goode and Goode [2006] FamCA 1 The Practice of Feminist Judgment in Family Law: Ann Genovese Judgment: Zoe Rathus and Renata Alexander Discrimination Law 24 JM v QFG and GK [1998] KCA Commentary: Paula Gerber Judgment: Anita Stuhmcke 25 McLeod v Power [2003] FMCA 2 Commentary: Katharine Gelber Judgment: Jennifer Nielsen 26 The State of New South Wales v Amery [2006] HCA 14 The Indirection of Sex Discrimination: Margaret Thornton Judgment: Beth Gaze Treaty Law 27 In the matter of Djappari (Re Tuckiar) [2035] FNCA 1 Commentary: Thalia Anthony Judgment: Nicole Watson
