Challenging the Legal Profession A Century On: The Case of Edith Haynes

21 Pages Posted: 23 Nov 2018

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Date Written: September 19, 2017

Abstract

This article focuses on Edith Haynes' unsuccessful attempt to enter the legal profession in Western Australia. Although admitted to articles as a law student in 1900, she was denied permission to sit her intermediate examination by the Supreme Court of WA (In re Edith Haynes (1904) 6 WAR 209). Edith Haynes is of particular interest for two reasons. First, the decision denying her permission to sit the exam was an example of a 'persons' case', which was typical of an array of cases in the English common law world in the late 19th and early 20th centuries in which courts determined that women were not persons for the purpose of entering the professions or holding public office. Secondly, as all (white) women had been enfranchised in Australia at the time, the decision of the Supreme Court begs the question as to the meaning of active citizenship. The article concludes by hypothesising a different outcome for Edith Haynes by imagining an appeal to the newly established High Court of Australia.

Keywords: legal profession; women; persons; citizenship; High Court of Australia (Griffith Court)

Suggested Citation

Thornton, Margaret, Challenging the Legal Profession A Century On: The Case of Edith Haynes (September 19, 2017). University of Western Australia Law Review, Vol. 44, No. 1, 2018, ANU College of Law Research Paper No. 18-20, Available at SSRN: https://ssrn.com/abstract=3289410

Margaret Thornton (Contact Author)

ANU College of Law ( email )

Canberra, Australian Capital Territory 0200
Australia

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