Our articles are written by experts in their field and include barristers, solicitors, judges, mediators, academics and professionals from a range of related disciplines. Family Law provides a platform for debate for all the important topics, from divorce and care proceedings to transparency and access to justice. If you would like to contribute please email editor@familylaw.co.uk.
Spotlight
A day in the life Of...
Kara Swift
Kara Swift
Associate
Read on

'It is difficult for a white judge to understand': orientalism, racialisation, and Christianity in English child welfare cases [2009] CFLQ 283

Date:26 SEP 2011

This paper considers a set of English child welfare cases in order to explore judicial representations of non-Christianness. Drawing upon insights contained in feminist, critical race, and postcolonial theory, we make two main arguments. First, we argue that judges deploy three distinct yet overlapping approaches to understanding non-Christianness: (1) as belief and ritual practice; (2) as racial genetic marker; and (3) as culture and personal identity. Secondly, we argue that, within these judicial texts, a way of thinking can be identified that is, at times, orientalist, racialised, and Christian. We further argue that this way of thinking plays into contemporary debates about ‘western values' and ‘civilisational missions'.

Categories:
Articles CFLQ