Embark on a nuanced exploration of Bebb v Law Society with this insightful essay. Titled, "Bebb v Law Society: Unveiling Feminist Legal Methods and Historical Perspectives," this document meticulously defines and elaborates on the significance of adopting feminist legal methods in judicial decision...
“Critically analyse the Court of Appeal judgement in Bebb v Law Society”
The Court of Appeal judgement in Bebb v Law Society confirmed the lower court’s decision
that the applicant, Gwyneth Bebb, has no legal right to be examined by the Law Society,
with the purpose of gaining admission into the profession of solicitors. 1 Bebb’s action for a
declaration that she was a ‘person’ within s.48 of the Solicitors’ Act 1843 was quickly
dismissed by all three Court of Appeal judges.2 It was dismissed even though the statute
itself contained a provision which stated that words importing the masculine gender were
to apply to a female.3 This judgement meant that women were prohibited from entering the
legal profession until the passing of the Sex Disqualification Act 1919. 4
First, this essay defines and elaborates on the significance of adopting feminist legal
methods of judging i.e., asking the ‘women’ questions, contextualisation of facts within their
broader social and legal background.5 It then goes on to highlight women’s entry into the
legal profession in other Commonwealth countries such as Canada, New Zealand and
Australia and highlights the danger of categorisation of women as one using the feminist
perspective.6 This essay will then consider the judge’s legal reasoning in relation to the
interpretation of the word ‘person’ and inveterate usage. There will be a comparison
between Bebb and Canadian case law to illustrate similarities between Britain and another
common law country. This essay then goes on to elaborate on the judge’s judicial choice in
relation to using judicial precedent. Throughout the essay there will be reference to feminist
legal methods of judging with particular focus on asking the ‘woman’ questions. After a
proper critical analysis this essay concludes with the benefit of Bebb’s historical perspective,
that had the judges employed feminist legal methods the case would have potentially been
decided upon differently and that the prejudice and legal inequity present in the judgement
is not irrefutable.7 This essay focuses on how the judges’ perspectives on gender influenced
their decision whilst also highlighting their flaws and inconsistencies.
1
[1914] 1 CH 286
2
ibid
3
ibid
4
Sex Disqualification (Removal) Act 1919
5
Rosemary Hunter, Erika Rackley and Clare McGlynn, Feminist Judgments: From Theory To Practice
(Hart Publishing 2010) 35
6
Katharine Bartlett, ‘Feminist Legal Methods’ (1990) 103(4), Harvard Law Review 829, 834
7
ibid
, Feminist legal methods
To investigate fully the significance of feminist legal methods it is necessary to first define it.
Thus, the first part of this essay will seek to define what is meant by feminist methods of
judging and why there is an inherent need for feminist legal theory to be part of our judicial
decision-making process. It is important to stress the fact that a judge should remain
impartial, independent, and base their decision-making on the factual matrix of the case and
on the relevant legal principles.8 This is not to say that a judge cannot be informed by a
feminist perspective, as a judge can be legally motivated while also reflecting personal
values.9 Feminist judges deploy a variety of different techniques when it comes to decision
making. According to Rosemary Hunter, these include ‘asking the woman question’,
contextualisation of facts, and noting the varying effects that seemingly neutral rules have
on women and men, in a manner that brings forth historically marginalized experiences,
locating legal issues in their wider social context, and recognizing the particularities of
women's experiences.10 It does not necessarily require a decision or judgement in favour of
women.11 The aim of using feminist legal methods is to demonstrate how the law can
silently and unjustly bury women's perspectives and other marginalized groups.12 In
exposing the unspoken effects of laws, we show how social structures encompass social
standards that indirectly make women different and the ‘substantive way in which man has
become the measure of all things’.13
Women’s entry into the legal profession in other countries
In Canada, Clara Brett Martin was admitted as a solicitor and barrister on the 2 nd of February
1897, after two separate acts of legislation allowing women to become barristers were
passed.14 In New Zealand women were never prohibited from practicing law and Ethel
Benjamin was admitted as a barrister and solicitor in May 1897. In Australia, G.F. Greig was
8
Hunter (n5) at 35
9
ibid
10
ibid
11
Bartlett (n6)
12
ibid
13
Nancy Levit, Robert RM Verchick, and Martha Minow, Feminist legal theory: A primer ( NYU Press
2016) 41
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