Australian Feminist Judgments

1. Auflage 2015
ISBN: 978-1-84946-521-2
Verlag: Bloomsbury 3PL

Buch, Englisch, 496 Seiten, Paperback, Format (B × H): 170 mm x 244 mm, Gewicht: 844 g

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.

Autoren/Hrsg.

Douglas, Heather

Bartlett, Francesca

Luker, Trish

Hunter, Rosemary

Fachgebiete

• Interdisziplinäres Wissenschaften Wissenschaft und Gesellschaft | Kulturwissenschaften Feministische Perspektiven in den Wissenschaften
• Sozialwissenschaften Soziologie | Soziale Arbeit Soziologie Allgemein Feminismus, Feministische Theorie
• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

1 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

Über Autor(innen)

Hunter, Rosemary
Rosemary Hunter FacSS is Professor of Socio-Legal Studies and Founding Head of Law at the School of Social Sciences and Humanities at Loughborough University, UK. She is a feminist socio-legal scholar with particular interests in family law and family justice processes, judging and the judiciary, and access to justice. She has published widely on these topics in both Australia (where she began her academic career) and the UK. With Anne Barlow, she was a member of the ESRC-funded Mapping Paths to Family Justice project, which resulted in their prize-winning book, Mapping Paths to Family Justice: Resolving Family Disputes in Neoliberal Times (Barlow, Hunter, Smithson and Ewing, 2017). Rosemary has been the Academic Member of the Family Justice Council since 2016 and leads the Council's Domestic Abuse Working Group. She is also a member of the Private Law Working Group and the Ministry of Justice's Expert Panel on Harm in the Family Courts. She is a former Chair of the SLSA and a former Council member of JUSTICE.

Luker, Trish
Trish Luker is a Chancellor's Postdoctoral Research Fellow at the Faculty of Law, University of Technology, Sydney.

Bartlett, Francesca
Francesca Bartlett is a Senior Lecturer at the TC Beirne School of Law, The University of Queensland.

Photograph © The University of Queensland 2016

Douglas, Heather
Heather Douglas is Professor of Law at the TC Beirne School of Law, The University of Queensland.

Photograph © The University of Queensland 2016

Heather Douglas is a Professor and Francesca Bartlett is a Senior Lecturer at the TC Beirne School of Law, The University of Queensland.

Trish Luker is a Chancellor's Postdoctoral Research Fellow at the Faculty of Law, University of Technology, Sydney.
Rosemary Hunter is Professor of Law and Socio-Legal Studies at Queen Mary, University of London.