CEU Electronic Theses and Dissertations, 2010
| Author | Hardley, Jess |
|---|---|
| Title | "Doing Justice Differently": "Alternative" Courtroom Spaces & Practices in Contemporary Australia |
| Summary | This thesis is situated at the crossroads of feminist theory, feminist legal theory, critical legal theory, critical race theory, feminist post-colonial theory, architectural theory, television studies, media studies and performance studies. Its aim is to detail the (predominantly) affirmative differences between “mainstream” and “alternative” courtroom spaces and practices. Means of determining these differences include personal observations, communication with professionals in the legal field, feminist phenomenology, embodied theory, standpoint theory and “politics of location”. In addressing five “alternative” courtroom spaces in contemporary Australia this thesis found instances where certain social categories of difference (i.e. gender, Indigenousness and age) converge to create and/or repeat certain patterns of legal inclusion with particular excluding affects. Under examination is the use of dominant normative ideas and concepts informing legal subjectivity – e.g. “victim”, “objectivity” etcetera. New patterns emerge just as historical, cultural and (post-)colonial patterns are repeated. In the process of considering the theoretical and practical implications of inclusion (with excluding affects) I do not prioritise gender over Indigenousness or Indigenousness over age; rather I address intersectional moments of convergence of social differentiation as highlighting the patterns of dissymmetry regarding legal participation. Legal participation thus comes to mean legal inclusion (with excluding affects). As this thesis shows this inclusion is enacted on a range of levels, including architectural, procedural and technological. |
| Supervisor | Loutfi, Anna & Braidotti, Rosi |
| Department | Gender Studies MA |
| Full text | https://www.etd.ceu.edu/2010/hardley_jess.pdf |
Visit the CEU Library.
© 2007-2021, Central European University