Writing and Reading Judicial Decisions as Feminists

Authors

DOI:

https://doi.org/10.11117/rdp.v20i106.7148

Abstract

As feminists, we are interested in judicial decisions in many ways. Judicial decisions solve issues that matter to us, construct worlds in which we live, and are used to teach generations of young people what we are entitled to. After dedicating decades to reforming constitutions, laws, and international conventions, the time has finally come to question the impartiality with which our lack of access to justice has been defended. In this article, I want to explore four feminist practices related to judicial rulings: the critique of stereotypes, distributive critique, feminist doctrine, and feminist writing.

The article is divided into three parts. The first part is dedicated to two forms of feminist critique of judicial rulings: the critique of stereotypes and distributive critique. It explains the assumptions that each of them starts from in relation to the judicial decision and provides examples of feminist readings that are oriented towards these objectives. The second part presents two ways of feminist appropriation of rulings: the construction of feminist doctrine and rulings. It outlines the main elements of these practices through some of their proponents and the challenges of speaking as authorities in worlds where we are still newcomers. It also reflects on the difficulties of creating methodologies that must be applied or used by those who are inexperienced in feminist theory. The third part summarizes the main arguments presented and the challenges they pose for legal education.

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Author Biography

Isabel Cristina Jaramillo Sierra, Universidad de los Andes /Profesora Titular, Bogotá, D.C., Colombia

Isabel Cristina Jaramillo possui diplomas da Universidade dos Andes, na Colômbia (Bacharelado em Direito com honras, 1996) e da Faculdade de Direito de Harvard (Mestrado em Direito - dispensado, 2000 e Doutorado em Direito, 2007). Educada na tradição crítica, ela estudou a reforma legal feminista na Colômbia e a jurisprudência feminista na América Latina. Suas publicações recentes em inglês incluem "Trans rights and wrongs. A Comparative Study of the Rights of Transpersons" (com Laura Carlson, coeditoras), "Sex Equality" em "The Oxford Handbook of Latin American Constitutional Law" (Conrado Hubner e Roberto Gargarella, eds), "The Healing Power of Telling Stories? Some Unforeseen Effects of #MeToo in Colombia" em "The Global Me Too" (Ann Noel e David Oppenheimer, eds) e "Latin American feminist legal theory: taking multiple subordinations seriously" em "Routledge Handbook on Latin American Law and Society" (Rachel Sieder, Karina Ansolabehere e Tatiana Alfonso, eds.).

Published

2023-07-31

How to Cite

Jaramillo Sierra, I. C. (2023). Writing and Reading Judicial Decisions as Feminists. Public Law, 20(106). https://doi.org/10.11117/rdp.v20i106.7148