Scottish Feminist Judgments: (Re)Creating Law from the Outside In

(Paperback)

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An innovative collaboration between academics, practitioners, activists and artists, this timely and provocative book rewrites 16 significant Scots law cases, spanning a range of substantive topics, from a feminist perspective. Exposing power, politics and partiality, feminist judges provide alternative accounts that bring gender equity concerns to the fore, whilst remaining bound by the facts and legal authorities encountered by the original court. Paying particular attention to Scotlands distinctive national identity, fluctuating experiences of political sovereignty, and unique legal traditions and institutions, this book contributes in a distinctive register to the emerging dialogue amongst feminist judgment projects across the globe. Its judgments address concerns not only about gender equality, but also about the interplay between gender, class, national identity and citizenship in contemporary Scotland. The book also showcases unique contributions from leading artists which, provoked by the enterprise of feminist judging, or by individual cases, offer a visceral and affective engagement with the legal. The book will be of interest to academics, practitioners and students of Scots law, policy-makers, as well as to scholars of feminist and critical theory, and law and gender, internationally.

Reviews

There are several striking aspects to this publication. The analysis is refreshingly revealing about the potential for legal institutions, rules, actors and norms to attune more closely to inclusion and diversity in a sense well beyond feminism This book brings rightful reflection to the very heart of a legal systems ability to address life as it is lived, and to explore potential to break down rather than perpetuate inequalities. -- Margaret L Ross, University of Aberdeen * Edinburgh Law Review *
Scottish Feminist Judgments demonstrates the maturity of feminist judging as a critical legal method This Scottish project, in the honesty and openness of its feminist methods, and in its willingness to pluralise the feminist languages of law, both brings us a little closer to feminist legal futures and identifies some of the blocks that keep us from achieving them. -- Mairead Enright, University of Birmingham * Social & Legal Studies *
A rich and wide-ranging collection which promotes genuine reflection on the current state of the legal landscape. It deserves to be widely read, both within and beyond the academy. -- Arlie Loughnan, University of Sydney * Journal of Law and Society *
The book represents one output in a very significant project, the achievements of which are many. The Scottish Feminist Judgments Project has included exhibitions, a cycle tour, podcasts and workshops across Scottish universities. It has captivated students, scholars and practitioners alike and will undoubtedly continue to inform and inspire well into the future. -- Rachel McPherson, University of Glasgow * Modern Law Review *
This is a worthy collection that deserves to be centred in legal education and practice It has created a space to reimagine what law might be. -- Lynsey Mitchell * Juridical Review *

Author Bio

Sharon Cowan is Professor of Feminist and Queer Legal Studies at University of Edinburgh, Scotland. Chlo Kennedy is Senior Lecturer in Criminal Law at University of Edinburgh, Scotland. Vanessa E Munro is Professor of Law at University of Warwick, England.