Monthly Archives: October 2019

What comes to mind when you think of a law student?

Do you think of a young, handsome, clever man in a fancy suit and tie? Or your best friend who went to law school just because they hated maths and were kind of good at winning arguments?

In fact, for the majority of human history, women never really fit in the picture. Although the symbol of law itself, Lady Justice, is female, women were mostly excluded from the profession until the 20^thcentury. Nowadays the situation has actually considerably altered,and it may just be that women outnumber men in some Universities.

For those of you who are law students or lecturers- next time you are in class, look around. What do you see? Chances are, you would notice that the ratio of women to men in the room is significantly leaning towards the former’s side. According to recent statistics, the percentage of women studying the LLB in England and Wales works out overwhelmingly in their favour- 68,8%. This is reflected in a similar way across the pond in America where the statistic is 56,49%. Our own Glasgow Caledonian University does not fall behind in this trend with a staggering 72,4% of law students here being female in the academic year of 2019/2020.

But what does this mean? Have all hurdles for women disappeared with the progress of time? Why are we even doing this project since it is in fact men who appear to be disadvantaged in certain circumstances? The truth is, while there are more women in higher education than ever before, as the career progresses and as you look into different fields the numbers start lowering. Substantially. For example, according to the ‘first100years’ project, as of 2016 women amount to only 125 of the 462 Scottish Advocates, 21 out of the 112 QCs and 9 out of the 31 judges!

Although these are not the only legal professions out there, it is important to recognise the stark difference between how few women pursue them and how many study law in general. Are females looked at differently at interviews or do they simply avoid those positions due to their nature? The reason can be as sinister as women being seen as more unreliable in the long term due to childbirth or not a good fit for the job because of their “inherent femininity”. Or are we, as women, just not confident enough in our ability to tackle such male-dominated fields?

What is clear is that University might not be a good indicator for women in the legal profession. Our research suggests that, even though there are less of them studying the LLB, men have a much higher chance to succeed in higher positions of power than their female counterparts. Through our ‘Women in Law’ project we aim to find out why that is, what hurdles women still face and what can be done to increase equality within the legal sector as a whole.

On the 3^rdof October 2019 Scotland became the first country in the UK to make it an offence to smack your child. The ban on all physical punishment was introduced by Green MSP John Finnie and was backed by 84 votes to 29.  Although Scotland may be leading the way in the UK, legislating against smacking children is not a ground-breaking concept. Sweden became the first country to ban smacking back in 1979, and Scotland is now the 58^thcountry in the world follow suit. Wales is also on the verge of introducing a ban but there are no current plans for England or Northern Ireland to introduce legislation of this type.

The ban removes the defence of reasonable chastisement. When deciding whether the chastisement was reasonable, the courts would take into account factors such as; the nature of the punishment, its duration and frequency, the age of the child and the effect it had physically and mentally. Now children in Scotland have the same protection from assault as adults.

There are critics of the ban including the Scottish Conservatives and some child psychologists. There has also been a campaign against the ban led by ‘Be Reasonable Scotland’. They argue that the smacking ban is unnecessary, will not help vulnerable children and may lead to ‘traumatic intervention’ in ‘good’ families. In support of the ban, some Paediatricians argue that smacking can cause long-term harm and leads to the development of more aggressive behaviours. The passing of the Act has been hailed as a step forward for child’s rights and shows the change of societies view on physical discipline on children.

It will be interesting to see how the new legislation is utilised in practice and what changes we might see unfolding in the next few years.

By Carys McIntyre, Law Clinic volunteer, LLB3

As part of our ongoing ‘Women in Law Wednesday’ series on our social media we chose to put our Academic Director, Claire McFadzean, in the spotlight. As well as being the Academic Director of GCU Law Clinic, Claire is also a Lecturer in Law here at GCU, a Solicitor and a Senior Fellow (HEA). We have chosen Claire this week not only because she is a driving force behind the Women in Law project and the clinic, but also because she provides all of us here at the clinic with guidance and support in pursuing our own careers as women in law. Anyone that has taken a module run by Claire will know how valuable her lessons are. As well as taking you through what you need to pass the module, Claire’s classes always focus on skills that you can take forward into your career. When moving into 3^rdand 4^thyear and applying for traineeships, it becomes clear how important this is.

We asked Claire about her career journey so far, ‘I am very proud to have qualified as a solicitor and worked for a number of years within the legal profession as a commercial lawyer. In 2006 I decided to alter the trajectory of my career and moved from practice to academia. I now have the privilege of teaching the next generation of lawyers.’

We also asked her what being a ‘woman in law’ means to her, ‘throughout my career I have had the pleasure of working with a number of inspirational women who have provided me with both support and opportunity for development through their mentoring. As a woman in law I think it is important to pay this forward for the next generation of women’.

If you have any suggestions for who should be our next ‘Women in Law Wednesday’, please let us know @gculawclinic on Twitter and Instagram.