'Otherness' on the Bench: How Merit is Gendered

Sydney Law Review, Vol. 29, No. 3, pp. 391-413, 2007

ANU College of Law Research Paper No. 08-16

24 Pages Posted: 23 May 2008

Abstract

This paper focuses on the construction of merit as the key selection criterion for judging. It will show how merit has been masculinised within the social script so as to militate against the acceptance of women as judges. The social construction of the feminine in terms of disorder in the public sphere fans doubts that women are appointable - certainly not in significant numbers to the most senior levels of the bench. It is argued that merit, far from being an objective criterion, operates as a rhetorical device shaped by power. The paper will draw on media representations of women judges in three recent Australian scenarios: an appointment to the High Court; the appointment of almost 50 percent women to Victorian benches; and the scapegoating of a female chief magistrate (resulting in imprisonment) in Queensland.

Keywords: Gender, judging

Suggested Citation

Thornton, Margaret, 'Otherness' on the Bench: How Merit is Gendered. Sydney Law Review, Vol. 29, No. 3, pp. 391-413, 2007, ANU College of Law Research Paper No. 08-16, Available at SSRN: https://ssrn.com/abstract=1136545

Margaret Thornton (Contact Author)

ANU College of Law ( email )

Canberra, Australian Capital Territory 0200
Australia

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