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Scottish Feminist Judgments


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Innovative re-imagining of key Scottish judgments from a feminist perspective, drawing on legal and non-legal sources.

Table of Contents

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: Chloe Kennedy Commentary: Stephen Bogle Reflective Statement: Chloe 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

About the Author

Sharon Cowan is Professor of Feminist and Queer Legal Studies at University of Edinburgh, Scotland. Chloe Kennedy is Senior Lecturer in Criminal Law at University of Edinburgh, Scotland. Vanessa E Munro is Professor of Law at University of Warwick, England.


There are several striking aspects to this publication. The analysis is refreshingly revealing about the potential for legal institutions, rules, actors and norms to attune more closely to inclusion and diversity in a sense well beyond feminism ... This book brings rightful reflection to the very heart of a legal system's ability to address life as it is lived, and to explore potential to break down rather than perpetuate inequalities. -- Margaret L Ross, University of Aberdeen * Edinburgh Law Review *
Scottish Feminist Judgments demonstrates the maturity of feminist judging as a critical legal method ... This Scottish project, in the honesty and openness of its feminist methods, and in its willingness to pluralise the feminist languages of law, both brings us a little closer to feminist legal futures and identifies some of the blocks that keep us from achieving them. -- Mairead Enright, University of Birmingham * Social & Legal Studies *
A rich and wide-ranging collection which promotes genuine reflection on the current state of the legal landscape. It deserves to be widely read, both within and beyond the academy. -- Arlie Loughnan, University of Sydney * Journal of Law and Society *
The book represents one output in a very significant project, the achievements of which are many. The Scottish Feminist Judgments Project has included exhibitions, a cycle tour, podcasts and workshops across Scottish universities. It has captivated students, scholars and practitioners alike and will undoubtedly continue to inform and inspire well into the future. -- Rachel McPherson, University of Glasgow * Modern Law Review *
This is a worthy collection that deserves to be centred in legal education and practice ... It has created a space to reimagine what law might be. -- Lynsey Mitchell * Juridical Review *

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