They, Their, Them: A Case for Non-Gendered Language in Australian Judgments

(2018) 43 Alternative Law Journal 203

Posted: 11 Apr 2019 Last revised: 6 Apr 2020

See all articles by Julian R. Murphy

Julian R. Murphy

University of Melbourne, School of Law

Date Written: August 31, 2018

Abstract

This article considers the use of binary gendered language in Australian legal writing, particularly in the written decisions of Australia's courts. The article contends that, given the increasing litigation of issues surrounding gender identity, it would be prudent for Australian judges to use non-gendered language in their judgments. The article includes proposals as to how judges might be encouraged to employ non-gendered language in their judgments.

Keywords: Courts, legal language, LGBTI, transgender

Suggested Citation

Murphy, Julian, They, Their, Them: A Case for Non-Gendered Language in Australian Judgments (August 31, 2018). (2018) 43 Alternative Law Journal 203, Available at SSRN: https://ssrn.com/abstract=3245612

Julian Murphy (Contact Author)

University of Melbourne, School of Law ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria
Australia

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