ABSTRACT

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.

chapter 1|20 pages

Speaking and Judging

chapter 2|16 pages

Authority and the Voice of the Other

chapter 3|14 pages

Speaking Law and Rendering Judgment

chapter 4|32 pages

The Subversive Moment

chapter 5|19 pages

Free Will and the Judge as Subject

chapter 6|26 pages

From Polyvocality to Narrative Coherence

chapter 7|29 pages

Texts, Authority and the Force of Law

chapter 8|36 pages

Judgment as Rhetoric

chapter 10|18 pages

Justice, Finally