The Australian Feminist Judgments Project : Righting and Re-writing Law.

Format:

Book

Contributor:

Bartlett, Francesca, editor.

Douglas, Heather, editor.

Hunter, Rosemary, editor.

Luker, Trish, editor.

Language:

English

Subjects (All):

Feminist jurisprudence.

Physical Description:

1 online resource (xxx, 462 pages)

Place of Publication:

Oxford ; Portland, Oregon : Hart Publishing, 2015.

Summary:

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

Contents:

1 Introduction: Righting Australian Law

Heather Douglas, Francesca Bartlett, Trish Luker and Rosemary Hunter

2 Reflections on Rewriting the Law

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] QCA

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

Notes:

Includes index.

Other Format:

Print version: Australian feminist judgments : righting and rewriting law.

ISBN:

9781474201292

1474201296

9781782255406

1782255400

OCLC:

907257953