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First published in 1999, this volume explores the nature of
adjudication in the common law tradition from a feminist
postmodernist perspective. The author accepts and celebrates the
'choices' open to the judge and argues that without choice,
judgment cannot be properly judicial. The first full length
feminist exploration of the role of the judge and the nature of law
and legality, To Speak as a Judge is grounded in the process of
adjudication and its rhetorical nature. It draws upon significant
contemporary cases to explore the narrativity of law and the ways
in which rhetoric and judicial understandings of the nature of law
determine narrative style.
This title was first published in 2002. Gender has become a
culturally laden signifier. Sometimes used to differentiate the
social from the biological, gender itself has become gendered. In
common parlance gender issues often slide inexorably into women's
issues and are in that way designated as marginal and outside the
concerns and lives of ordinary men and women. In this book,
signifiers such as gender, worker and family are unpacked and
suggestions are made as to how common usage of these signifiers
reinforce existing practices and act as barriers to change. Some of
these changes are legal, others are social and others are driven by
political and policy agendas. By looking at five areas: equal
opportunity law, family law, industrial relations law, social
welfare law and taxation law, which are all profoundly gendered,
the author examines ways in which men and women see their roles and
choices and how these are related to the state, as citizens. The
author then examines the definition of citizenship and looks in
detail at the concept of the unencumbered citizen, who is
unencumbered by interpersonal obligations, responsibilities and
beliefs, using comparative material from Australia, North America
and the United Kingdom.
First published in 1999, this volume explores the nature of
adjudication in the common law tradition from a feminist
postmodernist perspective. The author accepts and celebrates the
'choices' open to the judge and argues that without choice,
judgment cannot be properly judicial. The first full length
feminist exploration of the role of the judge and the nature of law
and legality, To Speak as a Judge is grounded in the process of
adjudication and its rhetorical nature. It draws upon significant
contemporary cases to explore the narrativity of law and the ways
in which rhetoric and judicial understandings of the nature of law
determine narrative style.
This title was first published in 2002. Gender has become a
culturally laden signifier. Sometimes used to differentiate the
social from the biological, gender itself has become gendered. In
common parlance gender issues often slide inexorably into women's
issues and are in that way designated as marginal and outside the
concerns and lives of ordinary men and women. In this book,
signifiers such as gender, worker and family are unpacked and
suggestions are made as to how common usage of these signifiers
reinforce existing practices and act as barriers to change. Some of
these changes are legal, others are social and others are driven by
political and policy agendas. By looking at five areas: equal
opportunity law, family law, industrial relations law, social
welfare law and taxation law, which are all profoundly gendered,
the author examines ways in which men and women see their roles and
choices and how these are related to the state, as citizens. The
author then examines the definition of citizenship and looks in
detail at the concept of the unencumbered citizen, who is
unencumbered by interpersonal obligations, responsibilities and
beliefs, using comparative material from Australia, North America
and the United Kingdom.
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