Feminist judging in lower courts

Rosemary Hunter,Sharyn Roach Anleu,Kathy Mack

doi:10.1111/jols.12321

Rosemary Hunter, Sharyn Roach Anleu + Show 1 more

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https://doi.org/10.1111/jols.12321

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Abstract

AbstractMuch of the literature on feminist judging concentrates on judges and judging in appellate and superior courts. This article extends that literature by investigating whether and how feminist judging manifests in lower courts, which deal with the vast bulk of criminal offences and civil claims. It does so through analysis of transcripts of non‐trial criminal proceedings in Australian magistrates courts, focusing on judicial practices rather than the gender or other known characteristics of the magistrates. Clear instances of feminist judging are relatively rare. Where they occur, they are often in the form of isolated feminist ‘moments’ rather than a magistrate exhibiting a distinct feminist orientation. The article reflects on what these findings suggest about the nature of judging in lower courts and the possibilities for feminist judging in that context.

Highlights

Much of the literature on feminist judging concentrates on judges and judging in appellate and superior courts
Little attention has been paid to practices of feminist judging in lower courts – courts of summary jurisdiction – which deal with the vast bulk of criminal offences
Tyson, ‘Justice Betty King: A Study of Feminist Judging in Action’ (2017) 40 University of New South Wales Law J. 778; E

Summary

Introduction

Much of the literature on feminist judging concentrates on judges and judging in appellate and superior courts. Cowan et al (eds.), Scottish Feminist Judgments: (Re)Creating Law from the Outside In (2019); H. Douglas et al (eds.), Australian Feminist Judgments: Righting and Rewriting Law (2014); M. Lavers (eds.), Feminist Judgments in International Law (2019); R. Hunter, ‘Justice Marcia Neave: Case Study of a Feminist Judge’ in Gender and Judging, ed. Tyson, ‘Justice Betty King: A Study of Feminist Judging in Action’ (2017) 40 University of New South Wales Law J. Resnik, ‘On the Bias: Feminist Reconsiderations of the Aspirations for Our Judges’ (1988) 61 Southern California Law Rev. 1877; S.E. Rush, ‘Feminist Judging: An Introductory Essay’ (1993) 2 Southern California Rev. of Law and Women’s Studies 609; E. 891; K.M. Stanchi et al (eds.), Feminist Judgments: Rewritten Opinions of the United States Supreme Court (2016)

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