Sex Discrimination, Courts and Corporate Power

ANU College of Law Research Paper No. 08-34

Federal Law Review, Vol. 36, No. 1, pp. 31-56, 2008

27 Pages Posted: 12 Dec 2008 Last revised: 20 Dec 2008

Date Written: December 10, 2008

Abstract

It is notable that in more than thirty years of anti-discrimination legislation in Australia, the High Court has heard only three cases dealing with sex discrimination. Even in the case of appeals to State appellate courts, complainants are rarely successful. Drawing on Robert Cover's idea of the nomos, or normative universe, which informs modes of adjudication, this paper will consider the role of appellate courts in the production of conventionally gendered subjects. It will be argued that a homologous relationship exists between juridical, legislative and corporate power which is cemented through the techniques of legal formalism.

Keywords: Sex discrimination, adjudication, gender, corporate power

Suggested Citation

Thornton, Margaret, Sex Discrimination, Courts and Corporate Power (December 10, 2008). ANU College of Law Research Paper No. 08-34, Federal Law Review, Vol. 36, No. 1, pp. 31-56, 2008, Available at SSRN: https://ssrn.com/abstract=1314547 or http://dx.doi.org/10.2139/ssrn.1314547

Margaret Thornton (Contact Author)

ANU College of Law ( email )

Canberra, Australian Capital Territory 0200
Australia

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