Rackley, Erika (2023) A Short History of Judicial Diversity. Current Legal Problems, . Article Number cuad007. ISSN 0070-1998. E-ISSN 2044-8422. (doi:10.1093/clp/cuad007) (KAR id:102049)
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Official URL: https://doi.org/10.1093/clp/cuad007 |
Abstract
Judicial diversity is a priority without priority. While few would argue, openly at least, against a more diverse judiciary in principle, there is still some way to go to make it a reality. And yet, despite the slow rate of progress, reigniting conversations about diversity may seem unwise in the current political moment, raising the question of whether those seeking to achieve a truly diverse judiciary have anywhere (new) to go. We seem to have reached an impasse. This article brings the insights of feminist legal history to bear on arguments for judicial diversity. Drawing on original archival research, it focuses on the establishment of the Industrial Court in 1919 and tells, for the first time, how there came to be statutory requirement for women’s presence on the court. It argues that the quality argument for diversity – that a court is stronger and its decision-making better for the inclusion of women among its members – was central to this success. It goes on to argue that in unsettling deep-seat assumptions particularly around arguments for the imposition of quotas, the history of the Industrial Court, and feminist legal history more generally, offers a way out of the impasse and a reason to keep talking about judicial diversity. This is important. For it is only by doing so that we have any chance of securing a judiciary that is truly diverse.
Item Type: | Article |
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DOI/Identification number: | 10.1093/clp/cuad007 |
Additional information: | For the purpose of open access, the author(s) has applied a Creative Commons Attribution (CC BY) licence to any Author Accepted Manuscript version arising. |
Uncontrolled keywords: | feminist legal history, industrial court, Industrial Courts Act 1919, judicial diversity, quotas, women judges |
Subjects: | K Law |
Divisions: | Divisions > Division for the Study of Law, Society and Social Justice > Kent Law School |
Funders: |
Leverhulme Trust (https://ror.org/012mzw131)
University of Kent (https://ror.org/00xkeyj56) |
Depositing User: | Erika Rackley |
Date Deposited: | 11 Jul 2023 20:27 UTC |
Last Modified: | 05 Nov 2024 13:08 UTC |
Resource URI: | https://kar.kent.ac.uk/id/eprint/102049 (The current URI for this page, for reference purposes) |
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