Do we NEED a woman on the high court? (2 Viewers)

[katie_tully]

When making decisions, judges not only use the 'law' as a means decision making. Many mitigating and aggravating circumstances arise. One may see such factors in a completely different light according to their own gender. It isn't attacking their integrity as such. Judges are human too. If gender won't be an obstruction to their decision then why do we 'need' female judges at all?

Well if that's the case, how is it different for the men in your example of a sexual harrassment case? If both men and women are prone to using subjective judgement in a decision then one is no better than the other...we could go around in circles and use a million examples of where ones sex may influence their decision. May as well leave it as - the best person for the job...regardless of their sex. If gender isn't an obstruction to their decision, then why do we "not" need female judges?

 

[santaslayer]

Well if that's the case, how is it different for the men in your example of a sexual harrassment case? If both men and women are prone to using subjective judgement in a decision then one is no better than the other...we could go around in circles and use a million examples of where ones sex may influence their decision. May as well leave it as - the best person for the job...regardless of their sex.

If gender isn't an obstruction to their decision, then why do we "not" need female judges?

They are prone to making subjective observations, but decisions will always, IMO, be influenced by their gender. I'm confused as to what you are trying to convey?

We do not 'need' female judges because your sentence shows an impulse in 'wanting' a female judge just for the sake of having one (we're going to have one because we CAN have a female on the bench). As you said, the best person should get the job, so a female judge is not a NEED.

 

[Not-That-Bright]

I think it's hard for someone not to bring their own personal flavour to their interpretations.

 

[MoonlightSonata]

Hmmmm....female perspective in the courts...

humungous sentences for sexual assault...
more consideration for women who suffer stuff like 'battered women's syndrome', 'abuse', 'sexual provocation'...
more and more females getting custody...(even though females usually win cases like these)....

With respect, that is a pretty silly argument. You're considering that females are going to let their gender influence their decision making. But there are SEVEN males on the current bench! The exact same argument can be said about them - they are letting their men's perspective influence everything.

What's the story with Mary Gaudron? Our tutor seemed to hint that she lost her mind or some such

I think she had some health problems (and no not of the mental nature lol).

 

[Calculon]

innate.

well, seeing as affirmative action hasn't really done much....
let's put it this way, the person who is qualified and is best suited for the occupation should get it, regardless of his or her sex. However, such a policy may discriminate against women. One scenario: man and woman go for job, equally qualified but man gets job because he has more experience. Woman was raising kids at the time, unable to work. Indirect discrimination.

She chose to have children, and also could have put more pressure upon her husband to spend an equal amount of time as her raising them.

 

[Not-That-Bright]

She chose to have children, and also could have put more pressure upon her husband to spend an equal amount of time as her raising them.

However, such a policy may discriminate against women. One scenario: man and woman go for job, equally qualified but man gets job because he has more experience. Woman was raising kids at the time, unable to work. Indirect discrimination.

Couldn't it also be said that in a system of education that seems to obviously favour women that men are at a disadvantage?

 

[Calculon]

The majority of managers are men. Men like boobs. A man and a woman both have interviews, and are equally qualified. The latter has boobs, and gets hired because of this. Indirect discrimination.

 

[HotShot]

Hmmmm....female perspective in the courts...

...hmmmmm..


humungous sentences for sexual assault...
more consideration for women who suffer stuff like 'battered women's syndrome', 'abuse', 'sexual provocation'...
more and more females getting custody...(even though females usually win cases like these)....

...hmmm...

ni i think thats rite. women unfortunately tend to be like that.

 

[Not-That-Bright]

ni i think thats rite. women unfortunately tend to be like that.

I don't think you've met an intelligent female in your life, have you?

 

[011]

Women may have better talents in bringing new perspectives to issues such as harassment. Could be useful to have a woman on the bench.
I read a lot about this last sem, looks like we're pretty shocking in HC woman appointments (but then again most of you knew that), especially in consideration to other common law countries eg india.

 

[Calculon]

An aboriginal walks in wearing a pink shirt, because apparently they look better on dark skin, while a white man walks in wearing a red shirt. The employer likes red and thus hires the latter. Indirect discrimination.

 

[HotShot]

I don't think you've met an intelligent female in your life, have you?

no, its natural for women to be that way, cos they feel over the years they have been dicriminated against. I lot of my female teachers are likt that, they are whingin about female rights and so on.

 

[Not-That-Bright]

no, its natural for women to be that way, cos they feel over the years they have been dicriminated against. I lot of my female teachers are likt that, they are whingin about female rights and so on.

Yea, but in general... ALL teachers are like that =/

 

[Not-That-Bright]

Yes but law girls aren't really girls. Never see other law girls as potential sex objects. Makes work very hard.

Also working with them in groups is easier because there is no ego clash (if it were a group of guys) and convention makes them be nice to the guys and vice versa. Better to see the opp sex in law as sexless. Just people. Works much better that way. Anyways most law girls aren't gunning for guys on their own level (as in law guys). To go along with their aspirational approach to life they aim higher.

Relationships where both are lawyers are a no no. Even My property teacher says so.

You are so incredibly wrong.

 

[Not-That-Bright]

How so? Maybe the unsw law girl species is different to the uws species of law girl.

The girls i see at uws... are generally normal girls =/
nice girls too.

 

[Not-That-Bright]

I do personally find girls easier to work with, tho they often care little for male opinions when it's a group of say (4 girls, 1 guy).

 

[011]

To go along with their aspirational approach to life they aim higher (I'm talking about the female high achievers in the law school. Not the ones who go to law school to marry barrister's sons)

Where's higher?

 

[011]

Do you mean richer and older law guys?

I realise your general statements I'm just a little confused. By 'on their own level' i would have thought you meant all law guys.

 

[Meldrum]

To go along with their aspirational approach to life they aim higher (I'm talking about the female high achievers in the law school. Not the ones who go to law school to marry barrister's sons)

Don't you think that's slightly sexist? I doubt anyone who goes to law school would bother seducing other guys when they can make just as much as them.

 

[Not-That-Bright]

Don't you think that's slightly sexist? I doubt anyone who goes to law school would bother seducing other guys when they can make just as much as them.

I'm sure Asquithian has alot to say about guys who do law...