This edited collection asks how key New Zealand judgments might read if they were written by a feminist judge.
Author: Elisabeth McDonald
Publisher: Bloomsbury Publishing
This edited collection asks how key New Zealand judgments might read if they were written by a feminist judge. Feminist judging is an emerging critical legal approach that works within the confines of common law legal method to challenge the myth of judicial neutrality and illustrate how the personal experiences and perspectives of judges may influence the reasoning and outcome of their decisions. Uniquely, this book includes a set of cases employing an approach based on mana wahine, the use of Maori values that recognise the complex realities of Maori women's lives. Through these feminist and mana wahine judgments, it opens possibilities of more inclusive judicial decision making for the future. 'This Project stops us in our tracks and asks us: how could things have been different? At key moments in our legal history, what difference would it have made if feminist judges had been at the tiller? By doing so, it raises a host of important questions. What does it take to be a feminist judge? Would we want our judges to be feminists and if so why? Is there a uniquely female perspective to judging?' Professor Claudia Geiringer, Faculty of Law, Victoria University of Wellington 'With this book, some of our leading jurists expose the biases and power structures that underpin legal rules and the interpretation of them. Some also give voice to mana wahine perspectives on and about the law that have become invisible over time, perpetuating the impacts of colonialism and patriarchy combined on Maori women. I hope this book will be a catalyst for our nation to better understand and then seek to ameliorate these impacts.' Dr Claire Charters, Associate Professor, Faculty of Law, University of Auckland 'The work is highly illuminating and is critical to the development of our legal system ... It is crucial, not only for legal education, so that students of the law open their minds to the different ways legal problems can be conceptualised and decided. It is also crucial if we are going to have a truly just legal system where all the different voices and perspectives are fairly heard.' Professor Mark Henaghan, Dean of the Faculty of Law, University of Otago 'I believe this project is particularly important, as few academics or researchers in New Zealand concentrate on judicial method. I am therefore hopeful that it will provoke thoughtful debate in a critical area for society.' The Honourable Justice Helen Winkelmann, New Zealand Court of Appeal
been 'righting and rewriting' law in many jurisdictions: England and Wales,
Northern/Ireland, Australia, New Zealand, the ... 6E McDonald, R Powell, M
Stephens and R Hunter (eds), Feminist Judgments of Aotearoa New Zealand: Te
Rino: A ...
Author: Sharon Cowan
Publisher: Bloomsbury Publishing
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.
Inspired by that project, scholars have produced similar projects in the United
Kingdom,1 Australia,2 the United States,3 Ireland,4 and New Zealand/Aotearoa.5
There is an international law feminist judgments project6 and a Scottish project.7
Author: Deborah S. Gordon
Publisher: Cambridge University Press
For women and other marginalized groups, the reality is that the laws regulating estates and trusts may not be treating them fairly. By using popular feminist legal theories as well as their own definitions of feminism, the authors of this volume present rewritten opinions from well-known estates and trust cases. Covering eleven important cases, this collection reflects the diversity in society and explores the need for greater diversity in the law. By re-examining these cases, the contributors are able to demonstrate how women's property rights, as well as the rights of other marginalized groups, have been limited by the law.
7E McDonald, R Powell, M Stephens and R Hunter (eds), Feminist Judgments of Aotearoa New Zealand: A Two-Stranded Rope (Oxford, Hart Publishing, 2017).
8For details about this series of projects, see the US Feminist Judgments Project
Author: Loveday Hodson
Publisher: Bloomsbury Publishing
The emergence of feminist rewriting of key judgments has been one of the most interesting recent developments in legal methodology. This unique enterprise has seen scholars collaborate in the 'real world' task of reassessing jurisprudence in light of feminist perspectives. This important new volume makes a significant contribution to the endeavour, exploring how key judgments in international law might have differed if feminist judges had sat on the bench. This collection asks whether feminist perspectives can offer meaningful and viable alternatives to international law norms; and if so, whether that application results in distinguishable differences in outcomes. It answers these questions with particular reference to sources of international law, the public and private divide, State responsibility, State immunities, treaty law, State sovereignty, human rights protection, global governance, and the concept of violence in international law. This landmark publication offers a truly innovative reassessment of international law. Winner of the 2020 ASIL Certificate of Merit for a Preeminent Contribution to Creative Scholarship.
She bemoaned their lack of judgment in following European examples : “ The
natives do not avail themselves as they should of the means of education for their
children , although they eagerly avail themselves of the implements of industry ...
Author: Rosemary Du Plessis
Publisher: Oxford University Press, USA
Category: Social Science
This collection of essays focuses on diversity in feminist political analysis in New Zealand. The text responds to questions about how politics, identity, activism and community are being rethought in the 1990s.
Judgment of the European Court of Human Rights , ( 16/1989/176/232 ) .
Strasbourg , 29 ... Feminist Thought in Aotearoa New Zealand . Auckland , N.Z .:
Oxford University Press , 1998. p . 43 . Halberstam , J. Female Masculinity .
Durham , NC ...
Author: Lynne Alice
Category: Gay and lesbian studies
Much has changed since the beginnings of the gay liberation movement and the feminist movement in the 1970s in Aotearoa/New Zealand. Yet, to a degree, the invisibility of gay male, lesbian and transsexual lifestyles as well as individual struggles for rights and recognition remains. The diverse contributions in this book discuss how the reframing of ‘queer’ as a proud, border-crossing identity challenges conventional views of gay, lesbian, transsexual and heterosexual identities. At the heart of queer politics and theory lies the double irony that ‘queers’ still experience different social positions and are confronted differently by public challenges, and they also seldom agree about how, and for what political reasons, sexuality should be defined and categorised. In this book, 'queer' brings together wide-ranging commentaries on the history, politics and culture of thirty years of sexual history in Aotearoa/New Zealand.
Ethnic minorities , the disabled , homosexuals many thinking New Zealanders for
it is women and and similarly stigmatised groups have ... the example of this new
sensitivity was the banning by the 1970s with the growth of the feminist
movement spearheaded Broadcasting Standards ... It was discovered with alarm
that on average there were 7.328 their judgement on the laws that our parliament
Author: Peter Beatson
The book offers an overview of the artistic culture of New Zealand of the past and present. There is discussion of Maori and Pakeha art, the work of men and women, and of popular art. There is discussion of the sociological context, and analysis of the production and distribution of arts. Topical issues such as Arts Council policies, the tension between art and commerce, and between artists and critics are also examined. Illustrations are in black and white. There is an extensive bibliography.
Women's Studies Texts for Aotearoa/New Zealand Rosemary Du Plessis, Phillida
Bunkle, Kathie Irwin, Sue Middleton. in New Zealand ' .... Such expressions
indicated that the limited historical solidarity between workers in New Zealand
and those in Fiji was likely to be reproduced in ... Statistics , it is not possible to
make judgements about the extent of Indo - Fijian migration into New 100 Feminist Voices.
Author: Phillida Bunkle
Category: Political Science
"Reading for all women, whether ... students of women's studies and feminist studies or ... seeking to understand ... the position of women in Aotearoa/New Zealand"--Back cover.
... of betrayal of their interests to employers , while the men accused them of
pursuing feminist rather than working class causes . 28 A New South Wales
official perhaps summed up the prevailing view when he confided to a Victorian
CSA Sociological Abstracts abstracts and indexes the international literature in sociology and related disciplines in the social and behavioral sciences. The database provides abstracts of journal articles and citations to book reviews drawn from over 1,800+ serials publications, and also provides abstracts of books, book chapters, dissertations, and conference papers.
The Introduction also alludes to an alleged paucity of previous critical analysis of New Zealand film . It lays out three critical terms ; " appropriation " , " post -
colonialism ” and " feminism ” , the first two of which seem to refer to the on ... 1 Or
: " There have been very few cases where buyers have made a judgment against
a New Zealand film before seeing it first . ... 2 However , in Film in Aotearoa New Zealand , with a few exceptions , the complexity of the conditions of existence for
25 Women Artists of Aotearoa (New Zealand) Marian Evans, Bridie Lonie, Tilly
Lloyd ... Nor was any judgment made about a woman's feminism : just as art
theoretical stances alter , so do the philosophical — and women's relationships to
The story is in some respects a lament for a lost feminist . ... has been subjected
to the injustices of the colonisation process , including the deliberate attempt to
deny Maoridom its proper place on the cultural map of New Zealand / Aotearoa .
Gordon , L . ( 1990 ) , “ The New Feminist Scholarship on the Welfare State ' , in L
. Gordon ( ed . ) , Women , the State , and ... ( 1994b ) “ Rich ” and “ Poor "
Schools in Aotearoa ' , New Zealand Journal of Educational Studies 29 / 1 - 2 :
129 - 36 . Gordon , W ... Gray , J . ( 1990 ) , “ The Quality of Schooling :
Frameworks for Judgement ' , British Journal of Educational Studies 38 / 3 : 204 -
23 . - ( 1998 ) , False ...
Author: Hugh Lauder
Publisher: Oxford University Press, USA
Education is seen as central to economic competitiveness, the reduction of poverty and inequality, and environmental sustainability. The editors have selected key writings that examine the social and economic limits- and possibilities of-education in addressing these fundamental problems. Thisnew reader establishes the field of sociology of education with a particular focus on papers that analyse the nature and extent of globalization in education. A general introduction presents the key concepts in the sociology of education, and outlines the major theories and debates, especially inrelation to globalization. Each section is accompanied by a part opener explaining and contextualizing the readings within a larger educational and sociological context.
New Zealand Planning Council Income Distribution Group , Wellington . Labrum ,
B. ( 2004 ) ... In : B. Dalley & M. Tennant ( eds ) , Past Judgement : Social Policy in New Zealand History . ... Lister , R. ( 1997 ) Citizenship : Feminist Perspectives .
Author: Christine Cheyne
Publisher: Oxford University Press, USA
Social Policy in Aotearoa New Zealand explains and analyses the development of contemporary social policy in Aotearoa New Zealand. It helps students to understand the conflicting values and perspectives in policy-making and implementation, and to relate the theories of social policy with thepractices they will encounter in the field.
... in a geographically small country like Aotearoa , it is virtually impossible to
locate a Maori or Pakeha person who has not been affected and who ... Milroy
also refers to Irwin , K ' Towards theories of Maori feminisms ' in Du Plessis et al (
eds ) Feminist Voices ( 1992 ) 8 , where Irwin ... Those ' on the Maori side ' claim
that Pakeha ideas have been used to make observations and judgements about
the Maori world with ... Identity politics 126 Yearbook of New Zealand
Jurisprudence Vol 5.
often been invalidated by the courts in deference to medical judgement and the
doctor - patient relationship . ... From a feminist perspective , the judicial
deference to the generally male physician is seen as inherently offensive . ...
refusal to acknowledge this gives rise to concern for New Zealand judicial
interpretation , even acknowledging Article 12 of the proposed Bill . ... Aotearoa
than the American women , as we do not have the constitutional guarantees to
privacy that they do .
Notes Abbreviations AJHR Appendix to the Journal of the House of
Representatives ANZ Archives New Zealand TL Alexander ... 1 : History and
Social Policy : Perspectives from the Past 1 Christine Cheyne , Mike O'Brien and
Michael Belgrave , Social Policy in Aotearoa New Zealand . ... 15 For a study of
these three approaches in relation to feminist and gender historiography , see
Lynne A. Haney ...
Author: Bronwyn Dalley
Publisher: Otago University Press
Category: Social Science
New Zealand historians -- many of whom have served as policy-makers and workers in social services, and most of whom are children of the welfare state they investigate -- discuss such aspects of social policy as welfare, the voluntary sector, and the government, the administration of old-age pensions to 1938, and government reporting on Maori aspirations and treaty meanings.
New Zealand Social Policy Grant Duncan. York : United ... Most recent findings in
the New Zealand Poverty Measurement Project . Social Work ... In B. Dalley and
M. Tennant ( Eds ) , Past judgement : Social policy in New Zealand history ... Feminist thought in Aotearoa / New Zealand : Connections and differences ( pp .
Author: Grant Duncan
Category: New Zealand
Society and Politics provides an introduction to the essential political ideologies and concepts that have had an enduring impact on the development of New Zealand society. The main topics covered are: sovereignty, social contract and the Treaty of Waitangi; liberalism; socialism; feminism; nationalism, imperialism and racism; neo-liberalism and conservatism; and the contemporary third-way model. Special consideration is given to: poverty and inequality; the rights of children; and superannuation. The purpose of this book is to bring political theory and social policy concepts to life for the New Zealand reader, to highlight the political importance of our intellectual and historical heritage, and to link these ideas to their European and indigenous roots. New Zealand’s political culture has often prided itself on a pioneering, pragmatic and nonideological approach. This book challenges us to rethink that view, illustrating how and why political theory is relevant to us all. This text will be of interest to undergraduate students of New Zealand history, social policy, politics and sociology. The reader will gain a deeper appreciation of the significance, origins and principles of political ideologies in New Zealand, alongside the key figures who promoted these ideas, and their values and social goals. ‘This book is a refreshing antidote to customary works on social policy … Here we have a theoretically-informed piece of critical analysis that purposely casts its net beyond policy to consider society and politics.’ Steve Matthewman, Department of Sociology, University of Auckland