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

Description

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 Scotland's 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. Foreword Acknowledgements Contents Notes on Contributors List of Diagrams 1. Through the Looking Glass? Feminist Praxis, Artistic Methods and Scottish Feminist Judging Doing Feminist Judgments: Methods and Praxis Art, Law and Judgment Art in Feminist Judging Scottish/Feminist/Judgments: Navigating Connections and Constraints 2. Devolving Dictum? Legal Tradition, National Identity and Feminist Activism Diversity and Discretion in the Scottish Courts Feminism and Activism in a Shifting Scottish Landscape Speaking Out and Speaking Up: Activist Focus Group PART I: CRIME, VICTIMISATION AND VIOLENCE 3. Smith v Lees 1997 SCCR 139 Judgment: Ilona Cairns Commentary: Isla Callander Reflective Statement: Ilona Cairns 4. McKearney v HM Advocate 2004 JC 87 Judgment: Pamela Ferguson Commentary: Clare McGlynn Reflective Statement: Pamela Ferguson 5. Ruxton v Lang 1998 SCCR 1 Judgment: Sharon Cowan and Vanessa E Munro Commentary: Liz Campbell Reflective Statement: Sharon Cowan and Vanessa E Munro 6. Drury v HM Advocate 2001 SLT 1013 Judgment: Claire McDiarmid Commentary: Juliette Casey Reflective Statement: Claire McDiarmid PART II: FAMILY, HOME AND BELONGING 7. R & F v UK Application 35738/05 2005 Judgment: Carolynn Gray Commentary: Becky Kaufmann Reflective Statement: Carolynn Gray 8. White v White 2001 SC 689 Judgment: Kenneth Norrie Commentary: Rosie Harding Reflective Statement: Kenneth Norrie 9. Coyle v Coyle 2004 Fam LR 2 Judgment: Jane Mair Commentary: Gillian Black Reflective Statement: Jane Mair 10. Scottish Special Housing Association v Lumsden 1984 SLT (Sh Ct) 71 Judgment: Peter Robson Commentary: Alexander Latham-Gambi Reflective Statement: Peter Robson Artists’ Statements and Illustrations between pages 222 and 223 11. Rafique v Amin 1997 SLT 1385 Judgment: Frankie McCarthy Commentary: Bonnie Holligan Reflective Statement: Frankie McCarthy PART III: RELATIONAL DUTIES, EQUALITY AND DISCRIMINATION 12. Jex-Blake v Senatus Academicus of the University of Edinburgh (1873) 11 M 784 Judgment: Chloë Kennedy Commentary: Stephen Bogle Reflective Statement: Chloë Kennedy 13. Rainey v Greater Glasgow Health Board [1987] AC 224, HL Judgment: Nicole Busby Commentary: Diamond Ashiagbor Reflective Statement: Nicole Busby 14. Commonwealth Oil & Gas Co Ltd v Baxter and Another [2009] CSIH 75 Judgment: Alice Belcher Commentary: Anindita Jaiswal Reflective Statement: Alice Belcher 15. Greater Glasgow Health Board v Doogan & Another [2014] UKSC 68 Judgment: Agomoni Ganguli-Mitra and Emily Postan Commentary: Mary Neal Reflective Statement: Agomoni Ganguli-Mitra and Emily Postan PART IV: CITIZENSHIP, CULTURE AND PROTECTION 16. Helen Johnson (AP) v IAT 2004 (P340/04), Court of Session Judgment: Nicola Loughran Commentary: Helen Baillot Reflective Statement: Nicola Loughran 17. Rape Crisis Centre v Secretary of State for the Home Department 2000 SC 527 Judgment: Dimitrios Kagiaros Commentary: Sandy Brindley Reflective Statement: Dimitrios Kagiaros 18. Salvesen v Riddell [2013] UKSC 236 Judgment: Aileen McHarg and Donald Nicolson Commentary: Shazia Choudhry Reflective Statement: Aileen McHarg and Donald Nicolson Index