scholarly journals The Jurisprudence of the First Woman Judge, Florence Allen: Challenging the Myth of Women Judging Differently

2020 ◽  
Author(s):  
Tracy A. Thomas
Keyword(s):  

Legal Studies ◽  
2002 ◽  
Vol 22 (4) ◽  
pp. 602-624 ◽  
Author(s):  
Erika Rackley

This paper reconsiders images of the judge and, in particular, the position of the woman judge using fairy tale and myth. It begins by exploring the actuality of women's exclusion within the judiciary, traditional explanations for this and the impact of recent changes. It goes on to consider the image of the Herculean judge, arguing that whilst we may view him as an ideological construct, or even as a fairy tale, we routinely deny this to ourselves and to others. This both ensures the normative survival of Hercules and simultaneously constrains counter-images of judges, including that of the woman judge, who becomes almost a contradiction in terms, faced with the need to shed her difference and fit the fairy tale. Like the little mermaid, the woman judge must trade her voice for partial acceptance in the prince's world.This image of silencing which Andersen's tale so vividly captures highlights a paradox in current discourses of adjudication. On the one hand, women judges are viewed as desirable in order to broaden the range of perspectives on the bench, thus making the judiciary more representative; on the other hand, judges are supposed to be without perspective, thus suggesting there is little need for a representative judiciary. Feminists and other commentators negotiate their way uncomfortably through this territory, acknowledging a gender dimension to adjudication, but failing fully to confront its implications. This paper seeks to ‘undress’ the judge, to flush out images of adjudication which deter or prevent women from joining the judiciary and constrain their potential within it. It highlights both the role of the imagination in existing conceptions of adjudication and the increasing necessity for a re-imagined Hercules – an alternative understanding of the judge which women and other groups currently underrepresented on the bench can comfortably and constructively occupy.



2013 ◽  
Vol 22 (2) ◽  
pp. 213-216
Author(s):  
Rosemary Auchmuty
Keyword(s):  


1995 ◽  
Vol 17 (4) ◽  
pp. 794-806
Author(s):  
Jo M Pasqualucci
Keyword(s):  




Author(s):  
Jacqueline A. McLeod

This chapter discusses Jane Bolin's career in the legal profession and the lived experiences that produced her as the nation's first African American woman judge. A member of a small unit of black women lawyers, Bolin's early practice mirrored that of other black women lawyers who gained entrance, but not full integration, into the legal profession. Jane's strides in the legal profession from 1931 to 1939 were made relatively quickly, suggesting a tale of easy access and an unobstructed path. However, an examination of her professional life beyond the pioneering peaks reveals the pervasive discrimination that Bolin overcame, and unravels the threads of gender, class, race, credentialism, and politics that colored the fabric of her professional life.



Legal Studies ◽  
2007 ◽  
Vol 27 (1) ◽  
pp. 74-94 ◽  
Author(s):  
Erika Rackley

The story of the woman judge as one of exclusion and isolation plagued with allegations of bias is well documented. Interestingly, despite significant differences in time and place, a common theme unites these tales: the woman judge is a dangerous outsider, a threat to the aesthetic norm. The judicial climate, at least in most of the common law world, is somewhat chilly: reactions to her presence on the bench vary from the largely indifferent to the downright hostile. Why is this? After all, most people, perhaps acknowledging the political and democratic gains underlying calls for a more representative judiciary, would wish to encourage – or at least not discourage – judicial diversity.Taking the stories of the woman judge as its starting point, this paper contends that underlying these tales is an image of the judge that is as much intuitive as it is reasoned; that our understanding of the judge and judging is as much derived from the imagination as from what is conventionally considered as rational thought. Thus, the paper deploys the narrative strategies of fairy tales in an attempt to disrupt the imaginative hold of familiar yet particular images that infuse and distort current discourses on adjudication. It suggests that despite the Department for Constitutional Affairs’ ongoing quest to increase diversity within the judiciary, current initiatives do not confront fully these instinctive images. As a result, their narrative of inclusiveness and difference fails. In response, the paper appeals to the imagination as a route toward engendering new conceptions on the judge and judging, the possibility of truly diverse judiciaries and, perhaps, a fairy tale ending to the woman judge’s story.



2019 ◽  
Vol 27 (2) ◽  
pp. 119-144
Author(s):  
Seda Kalem
Keyword(s):  


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