To Speak as a Judge: Difference, Voice and Power, 1st Edition (Paperback) book cover

To Speak as a Judge

Difference, Voice and Power, 1st Edition

By Sandra Berns


241 pages

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Paperback: 9781138393516
pub: 2020-04-01
Available for pre-order. Item will ship after 1st April 2020
Hardback: 9781138393493
pub: 2019-05-23
eBook (VitalSource) : 9780429401718
pub: 2019-05-23
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First published in 1999, this volume explores the nature of adjudication in the common law tradition from a feminist postmodernist perspective. The author accepts and celebrates the ‘choices’ open to the judge and argues that without choice, judgment cannot be properly judicial. The first full length feminist exploration of the role of the judge and the nature of law and legality, To Speak as a Judge is grounded in the process of adjudication and its rhetorical nature. It draws upon significant contemporary cases to explore the narrativity of law and the ways in which rhetoric and judicial understandings of the nature of law determine narrative style.

Table of Contents

1. Speaking and Judging. 2. Authority and the Voice of the Other. 3. Speaking Law and Rendering Judgement. 4. The Subversive Moment. 5. Free Will and the Judge as Subject. 6. From Polyvocality to Narrative Coherence. 7. Texts, Authority and the Force of Law. 8. Judgment as Rhetoric. 9. To Speak as a Judge/Woman: A Different Voice? 10. Justice, Finally.

About the Author

Sandra Berns, Faculty of Law, Griffith University, Queensland, Australia

About the Series

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Subject Categories

BISAC Subject Codes/Headings:
LAW / General
LAW / Legal History