Abstract

http://ssrn.com/abstract=2006039
 
 

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A Feminist Adjudication Process: Is There Such a Thing?


Reg Graycar


University of Sydney - Faculty of Law

February, 15 2012

GENDER AND JUDGING, U. Schulz and G. Shaw, eds., Hart Publishing: Oxford, Forthcoming
Sydney Law School Research Paper No. 12/12

Abstract:     
This paper brings together two separate but related areas of my research: first, my work on gender and judging (or adjudication) – and secondly work I have done with Jane Wangmann on legal responses to systemic injuries or historical harms.

One of the focuses of our research on historical harms was an agreement made in the mid 1990s between a group of women survivors of childhood abuse and the government of Ontario (the “Grandview Agreement”) that established what has often been described as a “feminist” process for addressing the injuries that these women sustained.

This paper interrogates the suggestion that creative redress packages could enhance gender equality. Specifically, I ask whether a model such as what the Grandview Agreement put in place can appropriately bear the ascription of a ‘feminist’ adjudication process. More broadly, the chapter considers whether there is such a thing as a ‘feminist’ adjudication process.

The paper asks the following questions:
• Has the feminist inquiry – often presented as “will women judges/decision-makers make a difference” - been misplaced? Are we failing to ask whether adding women, or more specifically feminists, or indeed, any jurisprudential outsiders to the existing legal structures can itself bring about any effective change?
• Should we instead focus on whether there is space for feminist insights to be introduced into the legal decision-making process, and if there is, at what stage? Can feminist insights assist in designing adjudication processes, rather than being introduced only at the decision-making stage?
• What if anything distinguishes a ‘feminist’ process from a ‘good’ process?

Number of Pages in PDF File: 30

Keywords: gender, adjudication, non-adversarial justice, feminist legal theory, reparation

JEL Classification: K10, K30

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Date posted: February 18, 2012  

Suggested Citation

Graycar, Reg, A Feminist Adjudication Process: Is There Such a Thing? (February, 15 2012). GENDER AND JUDGING, U. Schulz and G. Shaw, eds., Hart Publishing: Oxford, Forthcoming; Sydney Law School Research Paper No. 12/12. Available at SSRN: http://ssrn.com/abstract=2006039

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
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