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Feminist Judging in Lower Courts

Hunter, Rosemary, Roach Anleu, Sharyn, Mack, Kathy (2021) Feminist Judging in Lower Courts. Journal of Law and Society, 48 (4). ISSN 0263-323X. (doi:10.1111/jols.12321) (KAR id:88085)

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

Abstract

Much 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 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 finding suggest about the nature of judging in lower courts and the possibilities for feminist judging in that context.

Item Type: Article
DOI/Identification number: 10.1111/jols.12321
Uncontrolled keywords: feminist judging; magistrates courts; summary crime
Subjects: J Political Science > JF Political institutions and public administration
K Law > K Law (General)
Divisions: Divisions > Division for the Study of Law, Society and Social Justice > Kent Law School
Depositing User: Rosemary Hunter
Date Deposited: 13 May 2021 12:57 UTC
Last Modified: 13 Nov 2021 12:48 UTC
Resource URI: https://kar.kent.ac.uk/id/eprint/88085 (The current URI for this page, for reference purposes)
Hunter, Rosemary: https://orcid.org/0000-0001-7526-6012
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