The challenge
Law has long been criticised for its effects on women, non-binary people, and gender diverse populations, as well as other marginalised populations, such as LGBTQIA+ and First Nations groups. Much has been written about these issues. One way scholars and activists have responded to the limitations and flaws of law is by taking real court cases and rewriting them in a bid to expose law’s normative dimensions and priorities and to demonstrate, through acts of speculative or prefigurative lawmaking, what a more just approach might have looked like if a judgment had been written from, for instance, a feminist, queer, or decolonising perspective.
The project
This project builds on speculative or prefigurative lawmaking approaches, but instead of rewriting judgments, we rewrite laws themselves. Through this project, a collection of authors have located specific pieces of legislation from across Australia, including different areas of law, and rewritten them. It is the world’s first feminist legislation project and to our knowledge the world’s first collection in which legislation is rewritten from critical perspectives.
The method
The project involves rewriting legislation, including Acts and/or regulations, accompanied by a second reading speech or regulatory impact statement which explains the rationale behind the reform and why it is needed from a feminist perspective. Each contribution is accompanied by a commentary from someone with expertise and/or lived experience in the field, in which they engage with the reforms including from critical perspectives.
The impact
The aim of the project is to stimulate discussion and debate about the limitations and effects of laws and demonstrate how they can be reworked for gender-based justice.
The results
A collection is now published by Routledge and freely available to all.
Project staff
- Eliza Venville
Project contact
Professor Kate Seear leads this project.
Project supporters
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