Civility, gender and the law: critical reflections on the judgments in Monis v The Queen

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2015

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Appleby, G.
Naffine, N.

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Griffith Law Review, 2015; 24(4):616-639

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Gabrielle Appleby & Ngaire Naffine

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Law sets the bounds of civility within any given society. Setting those bounds so as to reflect evolving community expectations and understandings requires frank, open and inclusive discussion. Through an analysis of the male and female judgments in the recent High Court decision of Monis v The Queen (2013) 249 CLR 92, this article exposes a worrying, uncritical endorsement of incivility in public and political discourse that may undermine the inclusivity and therefore value of this discussion. The case provides an opportunity for reflection on the nature of political discourse within the Australian system and more particularly on the role of gender in setting the standards of that discourse.

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© 2015 Griffith University

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