The Feminist Judgments Project

Lead Research Organisation: University of Kent
Department Name: Kent Law School

Abstract

Abstracts are not currently available in GtR for all funded research. This is normally because the abstract was not required at the time of proposal submission, but may be because it included sensitive information such as personal details.

Publications

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Description The project's major research question concerned the impact of the systematic introduction of feminist theoretical perspectives, and of women's lived experience, on the development of legal doctrine.



Methodologically, we have explored the extent to which appellate judgment-writing is open to the introduction of feminist perspectives, and have concluded that feminist judging is not only possible within the judicial constraints of independence, impartiality, fairness, consistency and certainty, but can provide a more satisfactory way of meeting these requirements. We have identified a distinctively feminist approach to judgment-writing, and examined its similarities to and differences from other approaches. Feminist judgments, like all others, must be based on the application of legal reasoning to the facts of the case, but the way the facts are understood and the choices made about legal relevance, categorisation and interpretation may be different. In particular, feminist judges may be more inclined to refer to social science research literature and policy reports in order to place the issues in the case within their broader context. We have also found that in many cases, there is no singular feminist position available on the issues raised by a case; rather, those taking different feminist theoretical approaches may arrive at different decisions. At the same time, it is clear that a feminist judge may not always be able to reach the result she might prefer within the bounds of the judicial role.



Substantively, the cases and commentaries produced by the project show how the particular feminist approach adopted by the judgment writer 'makes a difference' in the specific cases chosen for analysis. The commentaries also describe how the feminist judgment differs from and adds to the existing judgments in each case. In a number of the cases, the feminist judgment agrees with the original outcome, but reaches that result by quite a different route. These judgments underline the discursive power of law and show that for the wider audience beyond the immediate parties to the case, the reasoning adopted in the judgment is at least as important as the result. The cases also highlight some of the limitations of individual litigation and available legal remedies to address wider social issues.



Finally, we have found that if the imagined feminist judgments had really been made, they would have had wide-ranging material, policy and discursive implications. The judgments demonstrate very clearly the contingency and lack of inevitably of the decisions actually made in these cases, the kinds of biases and habitual modes of thought embedded within the existing common law, the extent to which women's experiences and concerns continue to be poorly reflected in law, and the kinds of changes that would need to be made to remedy this situation.
Sectors Financial Services, and Management Consultancy

URL http://www.feministjudgments.org.uk
 
Description 'Feminist judgments' : how women can, and do, shape the law 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Primary Audience
Results and Impact Seminar on the Feminist Judgments Project organised by Interlaw Diversity Forum in conjunction with Norton Rose LLP
Year(s) Of Engagement Activity
 
Description A genealogy of feminist judgments 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach Regional
Primary Audience Other academic audiences (collaborators, peers etc.)
Results and Impact Staff Seminar, Warwick Law School, Warwick University

Interest in the project
Year(s) Of Engagement Activity 2011
 
Description Baird Textile Holdings v Marks and Spencer [2001] : reflecting long-term business relationships in implied contracts 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Primary Audience
Results and Impact This was a panel session on the feminist judgments project involving an Introduction to the project by Rosemary Hunter, discussion of some of the issues involved and the process of writing their judgments by judgment-writers and commentators, followed by questions and comments from the audience.
Year(s) Of Engagement Activity 2010
URL http://law.uwe.ac.uk/slsa/
 
Description British Library 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach Regional
Primary Audience Public/other audiences
Results and Impact Rosemary Hunter was invited to speak at an event organised by the British Library titled 'A Magna Carta for Women', one of a series of events in its celebration of 800 years of Magna Carta. The panel of speakers also included Shami Chakrabarti (Liberty) and Margaretta Jolly (University of Sussex). It was chaired by the journalist Zoe Williams. Hunter's invitation resulted from a presentation the British Library's Polly Russell had heard her give on feminist judgments in May 2014. Her talk touched on the Feminist Judgments Project, although questions afterwards were more generally directed at the law's treatment of women.
Year(s) Of Engagement Activity 2015
URL http://www.bl.uk/events/a-magna-carta-for-woman
 
Description Children's Rights Judgments Project 1 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Study participants or study members
Results and Impact Rosemary Hunter was invited to speak to participants at the first Children's Rights Judgments Project workshop held in Newcastle in January 2015. Drawing on her experience from the Feminist Judgments Project she spoke about 'Rewriting Judgments: Dos and Don'ts'. The participants were very appreciative of the guidance offered and asked a range of follow-up questions.
Year(s) Of Engagement Activity 2015
URL https://www.liverpool.ac.uk/law/research/european-childrens-rights-unit/childrens-rights-judgments/
 
Description Children's Rights Judgments Project 2 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Study participants or study members
Results and Impact Rosemary Hunter was invited to speak at the second Children's Rights Judgments Project workshop held in Leicester in June 2015. Again, drawing on her experience in the Feminist Judgments Project she spoke about 'Key Pointers on Writing a Good Commentary'. The audience asked a range of follow-up questions related to this and other aspects of the project.
Year(s) Of Engagement Activity 2015
URL https://www.liverpool.ac.uk/law/research/european-childrens-rights-unit/childrens-rights-judgments/
 
Description Current Legal Problems Lecture 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? Yes
Geographic Reach Regional
Primary Audience Public/other audiences
Results and Impact Lecture sparked questions from audience and discussion afterwards.

Several audience members informed me that the lecture had informed their thinking and they would be pursuing some of the issues raised in their own work.
Year(s) Of Engagement Activity 2014
URL http://www.laws.ucl.ac.uk/event/clp-just-different-face-judicial-diversity-decision-making/
 
Description FJPA Workshop 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Study participants or study members
Results and Impact Rosemary Hunter was invited to participate in the first workshop of the Feminist Judgments Project Aotearoa/New Zealand. She was involved in planning the workshop programme, and drew on her experience from the UK Feminist Judgments Project and subsequent projects to speak about the history and methodology of rewriting judgments from a feminist perspective, and what makes a judgment 'feminist'. Project participants expressed appreciation for her involvement and sharing of her expertise and asked many questions about how particular issues have been dealt with in the UK and other projects.
Year(s) Of Engagement Activity 2016
 
Description Feminist Judging as a Practice of Care? 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Primary Audience
Results and Impact Paper analysing techniques of feminist judging in terms of feminist theory on the ethic of care
Year(s) Of Engagement Activity
 
Description Feminist Judging: Lessons from the English Project 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Primary Audience
Results and Impact Presentation by the organisers of the Feminist Judgments Project to the inaugural workshop of the Irish Feminist Judgments Project
Year(s) Of Engagement Activity
 
Description Feminist Judgments: Making a Difference 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Primary Audience
Results and Impact Paper considering the contribution of the Feminist Judgments Project to debates on judicial diversity.
Year(s) Of Engagement Activity
 
Description Feminist Judgments: Making a Difference 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Primary Audience
Results and Impact Paper considering the contribution of the Feminist Judgments Project to debates on judicial diversity.
Year(s) Of Engagement Activity
 
Description Feminist Judgments: Making a Difference 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Primary Audience
Results and Impact Paper considering the contribution of the Feminist Judgments Project to debates on judicial diversity.
Year(s) Of Engagement Activity 2013
 
Description Feminist Judgments: Making a Difference 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Primary Audience
Results and Impact Paper describing the findings of the Feminist Judgments Project and their implications for debates on judicial diversity.
Year(s) Of Engagement Activity
 
Description Feminist judgments : next steps conference 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Professional Practitioners
Results and Impact A conference to consider the implications of the Feminist Judgments Project, in the areas of critical scholarship, legal activism, legal education and policy and practice.
Year(s) Of Engagement Activity 2011
 
Description Feminist judgments and feminist judging 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Primary Audience
Results and Impact Contribution to 'Feminist Justice? A Symposium'
Year(s) Of Engagement Activity 2010
URL http://socsci.ulster.ac.uk/law/Feminist%20Justice%20Flyer.pdf
 
Description Feminist judgments as teaching resources 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Other academic audiences (collaborators, peers etc.)
Results and Impact Paper presented at Onati Workshop on 'Critical Thinking inside Law Schools'

none
Year(s) Of Engagement Activity 2011
URL http://iwglp.wordpress.com/projects/critical-thinking-inside-law-schools/
 
Description IWD Lecture 2017 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach Local
Primary Audience Postgraduate students
Results and Impact Invited to speak about feminist judgments by Graduate Diploma in Law Students at City, University of London, as part of their International Women's Week activities. The lecture generated a lively and thoughtful Q&A, followed by informal discussion with a number of audience members.
Year(s) Of Engagement Activity 2017
 
Description International Women and Law Summit 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Professional Practitioners
Results and Impact International summit on women in the legal profession held by the Law Society of England & Wales. Erika Rackley and Rosemary Auchmuty spoke about the Feminist Judgments Project at the Pre-Summit Gala Dinner, Rackley on the project generally and Auchmuty on her feminist judgment in RBS v Etridge.

Erika Rackley and Rosemary Auchmuty spoke about the Feminist Judgments Project at the Pre-Summit Gala Dinner, Rackley on the project generally and Auchmuty on her feminist judgment in RBS v Etridge.
Year(s) Of Engagement Activity 2012
 
Description Introduction to the Feminist Judgments Panel 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Primary Audience
Results and Impact This was a panel session on the feminist judgments project involving an Introduction to the project by Rosemary Hunter, discussion of some of the issues involved and the process of writing their judgments by judgment-writers and commentators, followed by questions and comments from the audience.
Year(s) Of Engagement Activity 2010
URL http://law.uwe.ac.uk/slsa/
 
Description Judgment Writing as Critical Scholarship: Reflections on the Feminist Judgments Project 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Primary Audience
Results and Impact Seminar given at the Universite Toulouse 1 Capitole
Year(s) Of Engagement Activity
 
Description Kent Roundtable 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Postgraduate students
Results and Impact Invited plenary speaker at 'Using Feminist Approaches: A Socio-Legal Research Roundtable', organised by PhD students at the University of Kent, with sponsorship from the ESRC.
Year(s) Of Engagement Activity 2016
 
Description LSAANZ Postgraduate Day/AFJP Symposium 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Postgraduate students
Results and Impact Rosemary Hunter was invited to speak on 'Feminist Judgments as Critique' at a joint session of the Law and Society Association of Australia and New Zealand Postgraduate Day and the Australian Feminist Judgments Symposium, held at the University of Queensland in December 2014. The session was attended by Australian postgraduate students in law and society, participants in the Australian Feminist Judgments Project and a small number of Australian judges. The session resulted in further discussions with postgraduate students and other attendees about aspects of their work.
Year(s) Of Engagement Activity 2014
 
Description Law and women 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Primary Audience
Results and Impact Invited talk as part of International Women's Week events
Year(s) Of Engagement Activity 2011
 
Description NZ WSA Conference 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Other audiences
Results and Impact Invited plenary speaker at the New Zealand Women's Studies Association Conference held in Auckland, New Zealand. Questions and discussion followed.
Year(s) Of Engagement Activity 2016
 
Description Overview of the UK feminist judgments project and the Women's Court of Canada 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Primary Audience
Results and Impact Workshop presentation.
Year(s) Of Engagement Activity
 
Description Porter v Commissioner of Police for the Metropolis [1999] : towards a more inclusive conception of property, social relations and quasi-public space 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Other academic audiences (collaborators, peers etc.)
Results and Impact This was a panel session on the feminist judgments project involving an Introduction to the project by Rosemary Hunter, discussion of some of the issues involved and the process of writing their judgments by judgment-writers and commentators, followed by questions and comments from the audience.

Promoted interest in the forthcoming book of feminist judgments.
Year(s) Of Engagement Activity 2010
URL http://law.uwe.ac.uk/slsa/
 
Description R v Portsmouth Hospitals NHS Trust, ex parte Glass [1998] : recognising caring responsibilities in healthcare decision-making for young and vulnerable children 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Primary Audience
Results and Impact This was a panel session on the feminist judgments project involving an Introduction to the project by Rosemary Hunter, discussion of some of the issues involved and the process of writing their judgments by judgment-writers and commentators, followed by questions and comments from the audience.
Year(s) Of Engagement Activity 2010
URL http://law.uwe.ac.uk/slsa/
 
Description Radio New Zealand 
Form Of Engagement Activity A press release, press conference or response to a media enquiry/interview
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Media (as a channel to the public)
Results and Impact As part of her trip to New Zealand for the first workshop of the Feminist Judgments Project Aotearoa/New Zealand, Rosemary Hunter was interviewed about feminist judgment projects and the UK project in particular on Radio New Zealand's morning 'Nine to Noon' programme. The interview elicited responses from callers and favourable comments on Facebook and twitter.
Year(s) Of Engagement Activity 2016
URL http://www.radionz.co.nz/national/programmes/ninetonoon/audio/201790255/feminist-judges
 
Description Rape trials, women and judging 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Primary Audience
Results and Impact Contribution to 'Feminist Justice? A Symposium'
Year(s) Of Engagement Activity 2010
URL http://socsci.ulster.ac.uk/law/Feminist%20Justice%20Flyer.pdf
 
Description Re L (contact : domestic violence) [2000] : rethinking the guidelines for determining contact disputes in cases of domestic violence 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Primary Audience
Results and Impact This was a panel session on the feminist judgments project involving an Introduction to the project by Rosemary Hunter, discussion of some of the issues involved and the process of writing their judgments by judgment-writers and commentators, followed by questions and comments from the audience.
Year(s) Of Engagement Activity 2010
URL http://law.uwe.ac.uk/slsa/
 
Description Research-Led Teaching: How Does it Impact on Students? 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach Local
Primary Audience Participants in your research or patient groups
Results and Impact This was an invited presentation to an Away Day for the Law Department, University of Middlesex. I was invited to speak about the Feminist Judgments Project as an example of research-led teaching. The presentation drew upon the Feminist Judgments Project, and in particular the teaching resources developed in association with the Project and available on the Project website, and the articles in the special issue of The Law Teacher on the Project, as one of several examples of different approaches to research-led teaching.

The presentation drew upon the Feminist Judgments Project, and in particular the teaching resources developed in association with the Project and available on the Project website, and the articles in the special issue of The Law Teacher on the Project, as
Year(s) Of Engagement Activity 2013
 
Description Rewriting judgments from a feminist perspective 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Other academic audiences (collaborators, peers etc.)
Results and Impact Paper on the judgment-writing as a new feminist research method.

Cross-disciplinary understanding of research methods.
Year(s) Of Engagement Activity 2011
 
Description Russell McVeagh 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach Regional
Primary Audience Professional Practitioners
Results and Impact Rosemary Hunter was invited to speak at a lunchtime meeting of the Supper Club, a network of women corporate and public lawyers and their clients in Wellington, New Zealand, co-ordinated by the law firm Russell McVeagh. The invitation was occasioned by the establishment of a Feminist Judgments Project Aotearoa/New Zealand, which is co-sponsored by Russell McVeagh. Hunter's talk covered the history, methodology and key findings of feminist judgment rewriting projects and discussed some of the rewritten judgments from the UK project in the areas of corporate and commercial law. Audience members asked a number of follow-up questions and requested copies of literature on feminist judging which they felt could be useful in their own practices.
Year(s) Of Engagement Activity 2016
 
Description TLSI 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Postgraduate students
Results and Impact Rosemary Hunter was invited to speak at the Transnational Law Summer Institute (TLSI) held at the Dickson Poon School of Law, Kings College London, in July 2015. The TLSI is a two-week intensive workshop aimed at postgraduate students and early career researchers from across the globe. Hunter was invited to contribute to a panel on 'Scholarly Entrepreneurialism, Movement Building, Network Building', with specific reference to her work in promoting and supporting the international spread of feminist judgment rewriting projects. The panel was followed by a lively Q&A session, with a number of postgraduate students approaching Hunter afterwards to engage in further discussion of the feminist judgment projects.
Year(s) Of Engagement Activity 2015
URL http://www.kcl.ac.uk/law/tli/tlsi.aspx
 
Description The Feminist Judgments Project 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Primary Audience
Results and Impact Invited seminar about the project to a group of Swedish feminist legal scholars.
Year(s) Of Engagement Activity
 
Description The UK Feminist Judgments Project 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Primary Audience
Results and Impact Presentations on the process of judgment-writing in the Feminist Judgments Project to judgment-writing workshops held by the Australian Feminist Judgments Project
Year(s) Of Engagement Activity
 
Description The feminist judgments project 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Primary Audience
Results and Impact Staff seminar in the Department of Legal History, Comparative Law and Legal Philosophy, Faculty of Law, University of Pretoria, South Africa
Year(s) Of Engagement Activity
 
Description The feminist judgments project 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Primary Audience
Results and Impact Seminar on the Feminist Judgments Project
Year(s) Of Engagement Activity
 
Description The feminist judgments project 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Primary Audience
Results and Impact This seminar will provide an account of the Feminist Judgments Project, in which a group of feminist scholars have written alternative feminist judgments in a series of key cases in English law. I will describe the genesis, process and outcomes of the project, and reflect on its results, challenges and limitations. The project recently culminated in the publication of Feminist Judgments: From Theory to Practice (Hart Publishing, 2010). Further information can be found on the project website at http://www.feministjudgments.org.uk.
Year(s) Of Engagement Activity
URL http://www.law.uq.edu.au/law-events-2010/index.php?month=12&year=2010
 
Description The role of feminism in today's society (Oxford) 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Geographic Reach Local
Primary Audience Public/other audiences
Results and Impact Presentation followed by discussion with audience and other speakers

none
Year(s) Of Engagement Activity 2013
 
Description Woman's Hour : feminist judgements 
Form Of Engagement Activity A press release, press conference or response to a media enquiry/interview
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Media (as a channel to the public)
Results and Impact More women than men study law at university and join the profession. But by the time they reach senior positions such as the High Court and the Supreme Court, they are outnumbered by their male colleagues. What would the law look like if there were more women judges or more feminist judges? The Feminist Judgment Project has been formed by a group of legal professionals and academics who have come together to produce 23 alternative 'feminist judgments' in a series of key cases in English law. What difference would it make if a judge's feminist values and perspectives were included in their decision-making? Jenni is joined by Clare McGlynn, Professor of Law at Durham University and by Baroness Ruth Deech, Chair of the Bar Standards Board. Professor McGlynn is interviewed about her book 'Feminist judgments : from theory to practice' (edited by Rosemary Hunter, Clare McGlynn and Erika Rackley, Hart Publishing. ISBN: 9781849460538, 2010).
Year(s) Of Engagement Activity 2010
 
Description YL v Birmingham City Council [2007] : protecting the dignity of care home residents through a transformative reading of the Human Rights Act 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Primary Audience
Results and Impact This was a panel session on the feminist judgments project involving an Introduction to the project by Rosemary Hunter, discussion of some of the issues involved and the process of writing their judgments by judgment-writers and commentators, followed by questions and comments from the audience.
Year(s) Of Engagement Activity 2010
URL http://law.uwe.ac.uk/slsa/
 
Description York Law School 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach Local
Primary Audience Postgraduate students
Results and Impact Invited to speak about the Feminist Judgments Project, and particularly the project methodology, to postgraduate students and staff at York Law School.
Year(s) Of Engagement Activity 2016