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Vol 24 No 2 Feb/March 2019

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To Speak as a Judge

Sandra BernsProfessor and Dean of Law, Griffith University, Australia

ISBN13: 9781840147421
ISBN: 1840147423
Published: February 2000
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: Out of print

An exploration of the nature of adjudication in the common law tradition from within a feminist postmodernist perspective. The author accepts and celebrates the ""choices"" open to the judge and argues that without choice, judgement cannot be properly ""judicial"". ""To Speak as a Judge"" provides a feminist exploration of the nature of law and legality. 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 rhetorical and judicial understandings of the nature of law determine narrative style.

Speaking and judging; authority and the voice of the other; speaking law and rendering judgement; the subversive moment; free will and the judge as subject; from polyvocality to narrative coherence; texts, authority and the force of law; judgement as rhetoric; to speak as a judge/woman; justice, finally.