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Social & Legal Studies
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Understanding Disadvantage Partly Through an Epistemology of Ignorance

Dermot Feenan

University of Ulster, UK

This article is concerned with the way in which ignorance is actively constituted or reproduced as an aspect of power. The significance of ignorance as an important site of study is suggested in this article through an examination of the results of a survey of applications by women for Silk, in recognition of senior status as an advocate, and judicial office in Northern Ireland. The survey found that in the male-dominated profession of law more women than men were unsure of criteria for appointment. The survey revealed also a different perceptual world between male and female lawyers and judges in terms of identifying disadvantage on the basis of gender. Male barristers were twice as likely as female barristers to state that female barristers were not under-represented in applications for Silk. None of the male judges acknowledged that the culture of the bench was male, while most women said it was. This survey is supported by analogous illustrations from other fields. The article concludes that the study of ignorance should be added to the field of vision of those working on the intersection of power/knowledge, and that identification of ignorance may require distinctive responses. The general observations in this article may be of relevance in other areas of anti-discrimination and equality law, policy and praxis.

Key Words: disadvantage • discrimination • ignorance • judges • legal profession • women

Social & Legal Studies, Vol. 16, No. 4, 509-531 (2007)
DOI: 10.1177/0964663907082733


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