Northern / Irish Feminist Judgments: Judges' Troubles and the Gendered Politics of Identity

Northern / Irish Feminist Judgments: Judges' Troubles and the Gendered Politics of Identity

By: Aoife O'Donoghue (editor), Mairead Enright (editor), Julie McCandless (editor)Paperback

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The Northern/Irish Feminist Judgments Project inaugurates a fresh dialogue on gender, legal judgment, judicial power and national identity in Ireland and Northern Ireland. Through a process of judicial re-imagining, the project takes account of the peculiarly Northern/Irish concerns in shaping gender through judicial practice. This collection, following on from feminist judgments projects in Canada, England and Australia takes the feminist judging methodology in challenging new directions. This book collects 26 rewritten judgments, covering a range of substantive areas. As well as opinions from appellate courts, the book includes fi rst instance decisions and a fi ctional review of a Tribunal of Inquiry. Each feminist judgment is accompanied by a commentary putting the case in its social context and explaining the original decision. The book also includes introductory chapters examining the project methodology, constructions of national identity, theoretical and conceptual issues pertaining to feminist judging, and the legal context of both jurisdictions. The book, shines a light on past and future possibilities - and limitations - for judgment on the island of Ireland. 'This book provides a rich and expansive addition to the feminist judgments catalogue. The ... judgments demonstrate powerfully how Northern/Irish judges have contributed to the gendered politics of national identity, and how the narrow subject-positions they have created for women and `others' could have been so much wider and more open.' Professor Rosemary Hunter, School of Law, Queen Mary University London. 'The Northern/Irish Feminist Judgments Project is inspirational reading for anyone interested in feminism or Irish studies ... It is a model of how to conduct feminist enquiry. Its most innovative contribution to scholarship and politics is how the rewriting of landmark legal judgments from a feminist perspective allows us to imagine (and therefore begin to construct) a more egalitarian, a more just, future.' Associate Professor Katherine O'Donnell, School of Philosophy, University College Dublin. If you let it, this book will make you think. ... It made me think - it reminded me, I suppose - that legal writing can be wonderful: rigorous, creative, deeply observant, provocative. Read it and see what it makes you think. Professor Therese Murphy, School of Law, Queen's University Belfast

About Author

Mairead Enright is a Senior Lecturer at Birmingham Law School. Julie McCandless is Assistant Professor at the Law Department of the London School of Economics and Political Science. Aoife O'Donoghue is a Senior Lecturer at Durham Law School.


PART I: INTRODUCTION 1. Introduction: Troubling Judgment Julie McCandless, Mairead Enright and Aoife O'Donoghue 2. `Involuntary Patriotism': Judgment, Women and National Identity on the Island of Ireland Mairead Enright 3. Doing Feminist Judgments Mary Shine Thompson 4. Judging and the Judgment Writing Process: A Northern/Irish Perspective Aoife O'Donoghue PART II: MOTHERING SUBJECTS 5. McGee v Attorney General Commentary: Emilie Cloatre and Mairead Enright Judgment: Mairead Enright 6. Flynn v Power Commentary: Deirdre McGowan Judgment: Eoin Daly 7. MhicMhathuna v Attorney General Commentary: Colm O'Cinneide Judgment: Liam Thornton 8. Matrimonial Homes Bill Commentary: Louise Crowley Judgment: Lucy-Ann Buckley 9. National and Provincial Building Society v Lynd Commentary: David Capper Judgment: Lorna Fox O'Mahony 10. The Report of the Tribunal of Inquiry into the `Kerry Babies Case' Commentary: Yvonne Marie Daly Judgment: Vicky Conway PART III: OTHERED SUBJECTS 11. McGimpsey v Ireland Commentary: Ruth Alice Houghton Judgment: Aoife O'Donoghue 12. In Re White Commentary: Carmel Roulston Judgment: Catherine O'Rourke 13. Lobe v Minister for Justice, Equality and Law Reform Commentary: Hilkka Becker Judgment: Siobhan Mullally and Cliodhna Murphy 14. Zappone and Gilligan v The Revenue Commissioners, Ireland and the Attorney General Commentary: Siobhan Wills and Mairead Enright Judgment: Fiona de Londras 15. In Re E (a child) (the `Holy Cross' case) Commentary: Christine Bell FBA Judgment: Colin Murray 16. O'Keeffe v Hickey Commentary: Laura Hilly Judgment: Maeve O'Rourke 17. Christian Brothers High School Clonmel v Mary Stokes and the Equality Authority Commentary: Claire Bruton Judgment: Olivia Smith PART IV: CHOOSING SUBJECTS 18. Attorney General v X Commentary: Sheelagh McGuinness Judgment: Ruth Fletcher 19. North Western Health Board v HW and CW (the PKU case) Commentary: Donal Coffey Judgment: Maebh Harding 20. PM v The Board of Management of St Vincent's Hospital andJustin Geoghegan and the Attorney General Commentary: Claire Murray Judgment: Mary Donnelly 21. Re Family Planning Association of Northern Ireland v The Minister for Health, Social Services and Public Safety Commentary: Sara Ramshaw Judgment: Kathryn McNeilly 22. Society for the Protection of Unborn Children's Application for Judicial Review Commentary: John Kennedy Judgment: Claire McCann PART V: EMBODIED SUBJECTS 23. DPP v Tiernan Commentary: Liz Campbell Judgment: Louise Kennefi ck and Caroline Fennell 24. McKinley v Minister for Defence Commentary: Fergus Ryan Judgment: Joanne Conaghan 25. BJM v CM Commentary: Christine Ryan Judgment: Aideen Ryan and Katie Dawson 26. DPP v C Commentary: Anna Arstein-Kerslake Judgment: Eilionoir Flynn and Sinead Ring 27. CC v Ireland Commentary: Cian O Concubhair Judgment: David Prendergast 28. Foy v Ant-Ard Chlaraitheoir Commentary: Ivana Bacik Judgment: Tanya Ni Mhuirthile 29. Barnes v Belfast City Council Commentary: Fiona Cooke Judgment: Marie Fox 30. A and B (by C) v A (Health and Social Services Trust) Commentary: Marian Duggan Judgment: Julie McCandless

Product Details

  • ISBN13: 9781849465748
  • Format: Paperback
  • Number Of Pages: 704
  • ID: 9781849465748
  • weight: 1193
  • ISBN10: 1849465746

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