Academic

Thornton on Merit, Gender, and Judicial Selection

By Lawrence Solum

Margaret Thornton (Australian National University - ANU College of Law) has posted "Otherness" on the Bench: How Merit is Gendered (Sydney Law Review, vol. 29, No. 3, pp. 391-413, 2007) on SSRN. Here is the abstract:

This paper focuses on the construction of merit as the key selection criterion for judging. It will show how merit has been masculinised within the social script so as to militate against the acceptance of women as judges. The social construction of the feminine in terms of disorder in the public sphere fans doubts that women are appointable - certainly not in significant numbers to the most senior levels of the bench. It is argued that merit, far from being an objective criterion, operates as a rhetorical device shaped by power. The paper will draw on media representations of women judges in three recent Australian scenarios: an appointment to the High Court; the appointment of almost 50 percent women to Victorian benches; and the scapegoating of a female chief magistrate (resulting in imprisonment) in Queensland.

Full post as published by Legal Theory Blog on May 28, 2008 (boomark / email).