What a difference difference makes: gendered harms and judicial diversity

Citation Detail

Title:

What a difference difference makes: gendered harms and judicial diversity.

Authors:

Rackley, Erika¹ erika.rackley@durham.ac.uk

Source:

International Journal of the Legal Profession; Mar2008, Vol. 15 Issue 1/2, p37-56, 20p

Document Type:

Article

Subject Terms:

*SEX discrimination
*SEX & law
*DISCRIMINATION
*JUDICIAL discretion
*ADMINISTRATIVE discretion
LAW & legislation

Abstract:

Taking the UK Ministry of Justice's ongoing quest to ensure a more diverse judiciary as its starting point and backdrop, this paper establishes the House of Lords' decision in Secretary of State for the Home Department v. K (FC); Fornah (FC) v. Secretary of State for the Home Department [2006] as a lens through which to explore the 'difference' of the woman judge and, in particular, the developing jurisprudence of Baroness Hale—the first (and only) female law lord in the UK. It argues that Baroness Hale's candid recognition and articulation of the gendered nature of the experiences and violence in Fornah's story reveals not only the difference difference (in whatever form) might make to understandings of the judge, judging and justice but also the importance of recognising the transformative potential of judicial diversity to create a space in which difference is celebrated and valued on its own terms, a place where difference can truly make a difference. [ABSTRACT FROM AUTHOR]

 

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Author Affiliations:

¹Durham Law School, Durham, UK

ISSN:

09695958

DOI:

10.1080/09695950802439783

Accession Number:

35163316

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