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Difference in the House of Lords

University of Leicester, UK

Taking the media reaction to Brenda Hale’s appointment to the appellate committee of the House of Lords in January 2004 as its starting point, this article considers the impact difference might have on understandings of both the judge and judging. It argues that beneath the surface of the somewhat simplistic personality-based alternatives posited in the British press lies a more organic response to the woman judge generally and her perceived difference. Drawing on Hale’s potential for difference in relation to familial (dis)connection, unwanted parenthood and indecent assault, the article concludes that, far from being a malevolent threat, the perceived difference of the woman judge offers an opportunity to consider the possibility of alternative adjudicative approaches and new understandings of the judge.

Key Words: adjudication • Brenda Hale • difference • House of Lords • judging • woman judge

Social & Legal Studies, Vol. 15, No. 2, 163-185 (2006)
DOI: 10.1177/0964663906063567


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