Abstract

http://ssrn.com/abstract=1170622
 
 

Citations (1)



 


 



The Gender of Judgments: Some Reflections on 'Bias'


Reg Graycar


University of Sydney - Faculty of Law

July, 23 2008

University of British Columbia Law Review, Vol. 32, No. 1, pp. 1-21, 1998
Sydney Law School Research Paper No. 08/75

Abstract:     
This article starts by considering the extent to which women have been described as other when it comes to judicial decision making. Their marking by use of an adjective ('women' judges) serves to remind us that maleness has traditionally been presumed to be the benchmark or standard against which neutrality and objectivity in judging are measured. The discourses used to describe issues around judging and in particular, in debates about the diversification of the judiciary, continue to imply a white male heterosexual able bodied norm from which all those who are 'other' deviate. Several cases involving challenges to women's role as legal decision-makers using the bias doctrine or by way of recusal application help to demonstrate the gendered and racialised underpinnings of legal discourses. The article questions whether having more women and other outsider judges will improve the legal system. Ultimately, it concludes that the focus of efforts to bring 'outsiders' into the judiciary needs to shift from simply letting them in to questioning or perhaps reformulating the fundamental ways in which the activity of judging is carried out.

Number of Pages in PDF File: 23

Keywords: judging, legal discourses, women judges, outsider judges, otherness, bias, gender, race, perspective, judging, judges

JEL Classification: K10, K30

Accepted Paper Series


Download This Paper

Date posted: July 23, 2008  

Suggested Citation

Graycar, Reg, The Gender of Judgments: Some Reflections on 'Bias' (July, 23 2008). University of British Columbia Law Review, Vol. 32, No. 1, pp. 1-21, 1998; Sydney Law School Research Paper No. 08/75. Available at SSRN: http://ssrn.com/abstract=1170622

Contact Information

Reg Graycar (Contact Author)
University of Sydney - Faculty of Law ( email )
Faculty of Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia
Feedback to SSRN


Paper statistics
Abstract Views: 463
Downloads: 84
Download Rank: 176,820
Citations:  1

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo2 in 0.250 seconds