Examining Understandings of Equality: One Step Forward, Two Steps Back?

Australian Feminist Law Journal, Vol. 20, pp. 23-42, 2004

Sydney Law School Research Paper No. 08/67

21 Pages Posted: 23 Jul 2008  

Reg Graycar

The University of Sydney Law School

Jenny Jane Morgan

Melbourne Law School

Date Written: 2004

Abstract

This article reflects on the ways in which developments in feminist legal theory, and in particular, the attention paid to theories of equality, have influenced developments in substantive law. The authors review the period between 1990 and 2002; the period of 12 years between the publication of the first and second editions of their co-authored book, The Hidden Gender of Law. They ask why (Australian) courts seem barely to have engaged with the sophisticated discourses of equality that have emerged not only from the academy, but also from some of the jurisprudence developed in other countries, notably Canada and South Africa. While the examples discussed are disparate, what unites them is the theme of equality.

Keywords: equality, formal versus substantive equality, gender

JEL Classification: J16, D63, K10, K20

Suggested Citation

Graycar, Reg and Morgan, Jenny Jane, Examining Understandings of Equality: One Step Forward, Two Steps Back? (2004). Australian Feminist Law Journal, Vol. 20, pp. 23-42, 2004; Sydney Law School Research Paper No. 08/67. Available at SSRN: https://ssrn.com/abstract=1170055

Reg Graycar (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

Jenny Jane Morgan

Melbourne Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

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