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Scottish Feminist Judgments

(Re)Creating Law from the Outside In

Editor(s): Sharon Cowan, Chloë Kennedy, Vanessa E Munro
Media of Scottish Feminist Judgments
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Published: 12-12-2019
Format: EPUB eBook (?)
Edition: 1st
Extent: 472
ISBN: 9781509923274
Imprint: Hart Publishing
RRP: £40.49
Online price : £32.39
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About Scottish Feminist Judgments

An innovative collaboration between academics, practitioners, activists and artists, this timely and provocative book rewrites 16 significant Scots law cases, spanning a range of substantive topics, from a feminist perspective. Exposing power, politics and partiality, feminist judges provide alternative accounts that bring gender equity concerns to the fore, whilst remaining bound by the facts and legal authorities encountered by the original court.
Paying particular attention to Scotland's distinctive national identity, fluctuating experiences of political sovereignty, and unique legal traditions and institutions, this book contributes in a distinctive register to the emerging dialogue amongst feminist judgment projects across the globe. Its judgments address concerns not only about gender equality, but also about the interplay between gender, class, national identity and citizenship in contemporary Scotland.

The book also showcases unique contributions from leading artists which, provoked by the enterprise of feminist judging, or by individual cases, offer a visceral and affective engagement with the legal. The book will be of interest to academics, practitioners and students of Scots law, policy-makers, as well as to scholars of feminist and critical theory, and law and gender, internationally.

Table Of Contents

3. Smith v Lees 1997 SCCR 139
Judgment: Ilona Cairns
Commentary: Isla Callander
Reflective Statement: Ilona Cairns
4. McKearney v HM Advocate 2004 JC 87
Judgment: Pamela Ferguson
Commentary: Clare McGlynn
Reflective Statement: Pamela Ferguson
5. Ruxton v Lang 1998 SCCR 1
Judgment: Sharon Cowan and Vanessa E Munro
Commentary: Liz Campbell
Reflective Statement: Sharon Cowan and Vanessa E Munro
6. Drury v HM Advocate 2001 SLT 1013
Judgment: Claire McDiarmid
Commentary: Juliette Casey
Reflective Statement: Claire McDiarmid

7. R & F v UK Application 35738/05 2005
Judgment: Carolynn Gray
Commentary: Becky Kaufmann
Reflective Statement: Carolynn Gray
8. White v White 2001 SC 689
Judgment: Kenneth Norrie
Commentary: Rosie Harding
Reflective Statement: Kenneth Norrie
9. Coyle v Coyle 2004 Fam LR 2
Judgment: Jane Mair
Commentary: Gillian Black
Reflective Statement: Jane Mair
10. Scottish Special Housing Association v Lumsden 1984 SLT (Sh Ct ) 71
Judgment: Peter Robson
Commentary: Alexander Latham-Gambi
Reflective Statement: Peter Robson
Artists' Statements and Illustrations between pages 222 and 223
11. Rafique v Amin 1997 SLT 1385
Judgment: Frankie McCarthy
Commentary: Bonnie Holligan
Reflective Statement: Frankie McCarthy

12. Jex-Blake v Senatus Academicus of the University of Edinburgh (1873) 11 M 784
Judgment: Chloë Kennedy
Commentary: Stephen Bogle
Reflective Statement: Chloë Kennedy
13. Rainey v Greater Glasgow Health Board [1987] AC 224, HL
Judgment: Nicole Busby
Commentary: Diamond Ashiagbor
Reflective Statement: Nicole Busby
14. Commonwealth Oil & Gas Co Ltd v Baxter and Another [2009] CSIH 75
Judgment: Alice Belcher
Commentary: Anindita Jaiswal
Reflective Statement: Alice Belcher
15. Greater Glasgow Health Board v Doogan & Another [2014] UKSC 68
Judgment: Agomoni Ganguli-Mitra and Emily Postan
Commentary: Mary Neal
Reflective Statement: Agomoni Ganguli-Mitra and Emily Postan

16. Helen Johnson (AP) v IAT 2004 (P340/04), Court of Session
Judgment: Nicola Loughran
Commentary: Helen Baillot
Reflective Statement: Nicola Loughran
17. Rape Crisis Centre v Secretary of State for the Home Department 2000 SC 527
Judgment: Dimitrios Kagiaros
Commentary: Sandy Brindley
Reflective Statement: Dimitrios Kagiaros
18. Salvesen v Riddell [2013] UKSC 236
Judgment: Aileen McHarg and Donald Nicolson
Commentary: Shazia Choudhry
Reflective Statement: Aileen McHarg and Donald Nicolson


“There are several striking aspects to this publication. The analysis is refreshingly revealing about the potential for legal institutions, rules, actors and norms to attune more closely to inclusion and diversity in a sense well beyond feminism … This book brings rightful reflection to the very heart of a legal system's ability to address life as it is lived, and to explore potential to break down rather than perpetuate inequalities.” –  Margaret L Ross, University of Aberdeen, Edinburgh Law Review

Scottish Feminist Judgments demonstrates the maturity of feminist judging as a critical legal method … This Scottish project, in the honesty and openness of its feminist methods, and in its willingness to pluralise the feminist languages of law, both brings us a little closer to feminist legal futures and identifies some of the blocks that keep us from achieving them.” –  Mairead Enright, University of Birmingham, Social & Legal Studies

“A rich and wide-ranging collection which promotes genuine reflection on the current state of the legal landscape. It deserves to be widely read, both within and beyond the academy.” –  Arlie Loughnan, University of Sydney, Journal of Law and Society

“The book represents one output in a very significant project, the achievements of which are many. The Scottish Feminist Judgments Project has included exhibitions, a cycle tour, podcasts and workshops across Scottish universities. It has captivated students, scholars and practitioners alike and will undoubtedly continue to inform and inspire well into the future.” –  Rachel McPherson, University of Glasgow, Modern Law Review

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