Women Judges: Gendering Judging, Justifying Diversity

Abstract

The under‐representation of women in judicial office has led to calls for greater female representation based on an argument that women offer a different voice from that of men. This argument has largely foundered, and a more recent rationale rests on the need for diversity in the judiciary. However, the disadvantage experienced by women applicants to judicial office is rooted in deeply entrenched structural discrimination and exclusion, imbricated in the constitution of the judge, judging, and judicial authority as male, masculine, white, heterosexual, able‐bodied, and class‐privileged. Arguments for wider representation in judicial office need to address more effectively how the judge, judging, and judicial authority are constituted. A survey of women holders of judicial office in Northern Ireland confirms this exclusion. While few respondents in the survey support the concept of a different voice, many identify distinctive approaches which can potentially enrich notions of judging and judicial authority.

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