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What should be the primary goals of a judicial appointments system,
and how much weight should be placed on diversity in particular?
Why is achieving a diverse judiciary across the UK taking so long?
Is it time for positive action? What role should the current
judiciary play in the appointment of our future judges? There is
broad agreement within the UK and other common law countries that
diversity raises important questions for a legal system and its
officials, but much less agreement about the full implications of
recognising diversity as an important goal of the judicial
appointments regime. Opinions differ, for example, on the methods,
forms, timing and motivations for judicial diversity. To mark the
tenth anniversary of the creation of the Judicial Appointments
Commission (JAC) in England and Wales, this collection includes
contributions from current and retired judges, civil servants,
practitioners, current and former commissioners on the JAC and
leading academics from Australia, Canada, South Africa and across
the UK. Together they provide timely and authoritative insights
into past, current and future debates on the search for diversity
in judicial appointments. Topics discussed include the role and
responsibility of independent appointment bodies; assessments of
the JAC's first ten years; appointments to the UK Supreme Court;
the pace of change; definitions of 'merit' and 'diversity';
mandatory retirement ages; the use of ceiling quotas; and the
appropriate role of judges and politicians in the appointments
process.
Feminist Perspectives on Tort Law offers a distinctly feminist
approach to key topics in tort law. Ten original essays written by
feminist legal scholars from the UK, US, Canada and Australia
encompass a range of ways of thinking about women, tort law and
feminism. The collection provides a fresh and original analysis of
issues of long-standing concern to feminists as well as nascent
areas of concern. These include conceptions of harm, constructions
of reasonableness, the duty of care, the public/private divide,
sexual wrongdoing, privacy and environmental law. Written with both
scholars and students in mind, Feminist Perspectives on Tort Law is
an important and timely addition to key debates in tort law..
Feminist Perspectives on Tort brings together acknowledged experts
in these two areas to pursue a distinctly feminist approach to the
major areas of tort law. The first half of the book addesses
negligence - including an examination of feminist issues in
relation to the duty of care, procreative injuries and loss, police
negligence, psychiatric harm, the standard of care and product
liability. The second half of the book takes up the nominate torts:
the personal torts - including the recently expanding area of
privacy and torts in relation to sexual wrong and rape - and land
torts - including environmental issues and gender. The final
chapter of the volume considers the way in which gender affects the
courts calculation of damages to the detriment of women.
International in its scope, and accessibly written, Feminist
Perspectives on Tort Law will be required reading for students,
scholars and practitioners.
Women, Judging and the Judiciary examines debates about gender
representation in the judiciary and the importance of judicial
diversity. It offers a fresh look at the role of the (woman) judge
and the process of judging and provides a new analysis of the
assumptions which underpin and constrain debates about why we might
want a more diverse judiciary, and how we might get one. Through a
theoretical engagement with the concepts of diversity and
difference in adjudication, Women, Judging and the Judiciary
contends that prevailing images of the judge are enmeshed in
notions of sameness and uniformity: images which are so familiar
that their grip on our understandings of the judicial role are
routinely overlooked. Failing to confront these instinctive images
of the judge and of judging, however, comes at a price. They
exclude those who do not fit this mould, setting them up as
challengers to the judicial norm. Such has been the fate of the
woman judge. But while this goes some way to explaining why,
despite repeated efforts, our attempts to secure greater diversity
in our judiciary have fallen short, it also points a way forward.
For, by getting a clearer sense of what our judges really do and
how they do it, we can see that women judges and judicial diversity
more broadly do not threaten but rather enrich the judiciary and
judicial decision-making. As such, the standard opponent to
measures to increase judicial diversity - the necessity of
appointment on merit - is in fact its greatest ally: a judiciary is
stronger and the justice it dispenses better the greater the
diversity of its members, so if we want the best judiciary we can
get, we should want one which is fully diverse. Women, Judging and
the Judiciary will be of interest to legal academics, lawyers and
policy makers working in the fields of judicial diversity, gender
and adjudication and, more broadly, to anyone interested in who our
judges are and what they do.
The essential companion for undergraduate tort law students,
providing a comprehensive portable library of leading cases in the
field. Kirsty Horsey and Erika Rackley, authors of the best-selling
textbook, Tort Law, bring together an impressive range of carefully
edited extracts with insightful commentary, including annotated key
cases to help students identify and analyse the key elements of
each case Digital formats and resources: The sixteenth edition is
available for students and institutions to purchase in a variety of
formats, and is supported by online resources. The e-book offers a
mobile experience and convenient access along with functionality
tools, navigation features and links that offer extra learning
support: www.oxfordtextbooks.co.uk/ebooks A selection of online
resources accompany this text, including: - Annotated links to
external web resources and videos - Downloadable annotated case
judgments and statutes - Guidance on answering problem and essay
questions
What should be the primary goals of a judicial appointments system,
and how much weight should be placed on diversity in particular?
Why is achieving a diverse judiciary across the UK taking so long?
Is it time for positive action? What role should the current
judiciary play in the appointment of our future judges? There is
broad agreement within the UK and other common law countries that
diversity raises important questions for a legal system and its
officials, but much less agreement about the full implications of
recognising diversity as an important goal of the judicial
appointments regime. Opinions differ, for example, on the methods,
forms, timing and motivations for judicial diversity. To mark the
tenth anniversary of the creation of the Judicial Appointments
Commission (JAC) in England and Wales, this collection includes
contributions from current and retired judges, civil servants,
practitioners, current and former commissioners on the JAC and
leading academics from Australia, Canada, South Africa and across
the UK. Together they provide timely and authoritative insights
into past, current and future debates on the search for diversity
in judicial appointments. Topics discussed include the role and
responsibility of independent appointment bodies; assessments of
the JAC's first ten years; appointments to the UK Supreme Court;
the pace of change; definitions of 'merit' and 'diversity';
mandatory retirement ages; the use of ceiling quotas; and the
appropriate role of judges and politicians in the appointments
process.
Awarded the 2013 Birks Book Prize by the Society of Legal Scholars,
Women, Judging and the Judiciary expertly examines debates about
gender representation in the judiciary and the importance of
judicial diversity. It offers a fresh look at the role of the
(woman) judge and the process of judging and provides a new
analysis of the assumptions which underpin and constrain debates
about why we might want a more diverse judiciary, and how we might
get one. Through a theoretical engagement with the concepts of
diversity and difference in adjudication, Women, Judging and the
Judiciary contends that prevailing images of the judge are enmeshed
in notions of sameness and uniformity: images which are so familiar
that their grip on our understandings of the judicial role are
routinely overlooked. Failing to confront these instinctive images
of the judge and of judging, however, comes at a price. They
exclude those who do not fit this mould, setting them up as
challengers to the judicial norm. Such has been the fate of the
woman judge. But while this goes some way to explaining why,
despite repeated efforts, our attempts to secure greater diversity
in our judiciary have fallen short, it also points a way forward.
For, by getting a clearer sense of what our judges really do and
how they do it, we can see that women judges and judicial diversity
more broadly do not threaten but rather enrich the judiciary and
judicial decision-making. As such, the standard opponent to
measures to increase judicial diversity - the necessity of
appointment on merit - is in fact its greatest ally: a judiciary is
stronger and the justice it dispenses better the greater the
diversity of its members, so if we want the best judiciary we can
get, we should want one which is fully diverse. Women, Judging and
the Judiciary will be of interest to legal academics, lawyers and
policy makers working in the fields of judicial diversity, gender
and adjudication and, more broadly, to anyone interested in who our
judges are and what they do.
Takes students from zero knowledge to engaged and critical
thinkers. This best-selling undergraduate textbook from renowned
authors Kirsty Horsey & Erika Rackley offers a lively,
accessible, and thoughtful treatment of all key tort law topics,
and includes carefully chosen learning features that encourage deep
and critical thinking. Key features: - Problem questions at the
beginning of chapters set the scene, immediately putting the law in
context. Outline answers and an annotated version with issues and
cases to consider offer students further insights - Author videos
in every chapter enliven, explain, and enrich key topics -
'Counterpoint' and 'pause for reflection' boxes encourage students
to think critically and engage with areas of controversy or reform
- Annotated statutes and judgments explain the more difficult
points of law and help students develop the invaluable skills of
reading, interpreting, and analysing - Interactive decision trees
provide a visual aid to understanding key torts, and cement that
knowledge through direct, step-by-step engagement New to this
edition: - Author videos and interactive decision trees - New and
updated coverage of key legal developments, including Banks v
Cadwalladr [2022] EWHC 1417 (QB) on defamation, Bloomberg LP
(Appellant) v ZXC (Respondent) [2022] UKSC 5 on privacy, and Paul v
Royal Wolverhampton NHS Trust; Polmear v Royal Cornwall Hospital
NHS Trust; Purchase v Ahmed [2022] EWCA Civ 12 on psychiatric harm
Digital formats and resources: This edition is available as an
enhanced e-book, which offers an array of integrated resources to
support learning. These include author videos, interactive decision
trees, and support in tackling the problem question, as well as a
mobile experience and convenient access, functionality tools,
navigation features, and links: www.oxfordtextbooks.co.uk/ebooks A
selection of online resources is available to paperback, Law Trove,
and enhanced e-book users, including: - Outline answers to
questions in the book - Annotated links to external web resources
and videos - Downloadable annotated case judgments, statutes, and
problem questions - Guidance on answering problem and essay
questions - Additional content on elements of a claim in the tort
of negligence and on product liability - Access to the enhanced
e-book's videos and interactive decision trees
This best-selling undergraduate textbook from renowned authors
Kirsty Horsey & Erika Rackley offers a lively, accessible and
thoughtful treatment of all key topics taught on tort law courses,
and includes carefully chosen learning features to help students
become engaged and critical thinkers. The problem questions in each
chapter help students to understand how the law works in its
practical context. Carefully chosen features such as 'counterpoint'
and 'pause for reflection' boxes enable students to think more
deeply and critically about the law. Digital formats and resources:
The seventh edition is available for students and institutions to
purchase in a variety of formats, and is supported by online
resources. The e-book offers a mobile experience and convenient
access along with functionality tools, navigation features and
links that offer extra learning support:
www.oxfordtextbooks.co.uk/ebooks A selection of online resources
accompany this text, including: - Outline answers to questions in
the book - Annotated links to external web resources and videos -
Downloadable annotated case judgments, statutes, and problem
questions - Guidance on answering problem and essay questions -
Additional content on elements of a claim in the tort of negligence
and on product liability
All the leading cases, illuminated by Horsey & Rackley's
trademark clear and lively commentary. The essential companion for
undergraduate tort law students, providing a comprehensive portable
library of leading tort cases. Horsey & Rackley bring together
a range of carefully edited extracts, combined with insightful
commentary and annotated cases to help students identify and
analyse the key elements. Key features: - The only text of its kind
to provide a comprehensive collection of the leading tort law cases
for undergraduates - Simple to navigate, pulling all key case law
together into one easy-to-use volume which students can work
through systematically or use to reference specific cases - Cases
are accompanied by succinct author commentary highlighting the key
elements of each case - Annotated cases help students understand
and analyse material New to this edition: The seventeenth edition
has been thoroughly revised to reflect recent developments in the
law, including Fearn and others v The Board of Trustees of the Tate
Gallery [2023] UKSC 4 on private nuisance, Riley v Murray Court of
Appeal [2022] EWCA Civ 1146 on defamation, and Paul v Royal
Wolverhampton NHS Trust; Polmear v Royal Cornwall Hospital NHS
Trust; Purchase v Ahmed [2022] EWCA Civ 12 on psychiatric harm.
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.'
Women's Legal Landmarks commemorates the centenary of women's
admission in 1919 to the legal profession in the UK and Ireland by
identifying key legal landmarks in women's legal history. Over 80
authors write about landmarks that represent a significant
achievement or turning point in women's engagement with law and law
reform. The landmarks cover a wide range of topics, including
matrimonial property, the right to vote, prostitution, surrogacy
and assisted reproduction, rape, domestic violence, FGM, equal pay,
abortion, image-based sexual abuse, and the ordination of women
bishops, as well as the life stories of women who were the first to
undertake key legal roles and positions. Together the landmarks
offer a scholarly intervention in the recovery of women's lost
history and in the development of methodology of feminist legal
history as well as a demonstration of women's agency and activism
in the achievement of law reform and justice.
As the first woman to be appointed President of the UK Supreme
Court, Brenda Hale was one of the UK's most high profile and
influential judges, and she is among the most powerful women
leaders of our time. For almost half a century, she pioneered as an
educator, reformer, and decision-maker, leaving a distinct mark on
the law and the lives of many. In commemoration of her recent
retirement from the Supreme Court, this collection celebrates her
long and illustrious career. Organised by thematic chapters and
featuring original research from leading academics, judges and
lawyers, this book offers a comprehensive account of Lady Hale's
achievements and enduring impact. The contributors, many of whom
were her peers and colleagues, demonstrate how Hale forged her own
path within male-dominated institutions, carved a space for herself
and others, and, ultimately, endeavoured to promote justice for
everyone.
Women's Legal Landmarks commemorates the centenary of women's
admission in 1919 to the legal profession in the UK and Ireland by
identifying key legal landmarks in women's legal history. Over 80
authors write about landmarks that represent a significant
achievement or turning point in women's engagement with law and law
reform. The landmarks cover a wide range of topics, including
matrimonial property, the right to vote, prostitution, surrogacy
and assisted reproduction, rape, domestic violence, FGM, equal pay,
abortion, image-based sexual abuse, and the ordination of women
bishops, as well as the life stories of women who were the first to
undertake key legal roles and positions. Together the landmarks
offer a scholarly intervention in the recovery of women's lost
history and in the development of methodology of feminist legal
history as well as a demonstration of women's agency and activism
in the achievement of law reform and justice.
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