ABSTRACT

This chapter examines critically the legacy Justice Crennan and others sought to craft about her upon her retirement from the High Court. It does so by examining the judicial farewell speeches made in commemoration of her time on the Court. These largely overlooked social scripts provide revealing insights about the interaction between individual and institutional values in public legal discourse. By asserting that ‘collegiality is not compromise’ (as Justice Kiefel before her had done), Justice Crennan emphasised its importance for the institutional wellbeing of the Court. The notion that legal authority is the preserve of men has been particularly hard to dislodge was evidenced by the need for Justice Crennan to set the record straight publicly about the contributions of the women on the Court. These remarks brought into sharp focus gendered implications that flow from recent tensions about the role and contributions of judges. These tensions reveal that the masculinist character of law and its institutions continues to shape how women’s legal authority is received.