Methodology

The Australian Feminist Judgments Project investigates the relationship between feminist theory and practice in Australian judicial decision-making. It employs a variety of approaches to the analysis: mapping existing jurisprudence, investigation of judicial subjectivity, writing feminist judgments and reflection on the rewriting process.

The methodology of the project involves three elements:

Mapping jurisprudence

This involves establishing a database of judgments that are identified in the literature as (a) feminist or (b) offending feminist principles.

Exploring judicial subjectivity

This includes a review of the literature concerning current or retired feminist decision-makers in Australia, together with a series of face-to-face interviews with feminist judges, Magistrates and tribunal members regarding their approaches to and experience of judging.

Writing feminist judgments

We have proposed that 26 decisions are rewritten. A series of workshops will be held during the judgment-writing process, in order to review and develop the draft judgments and commentaries.