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44 U.W. Austl. L. Rev. 1 (2018)

handle is hein.journals/uwatlw44 and id is 1 raw text is: CHALLENGING THE LEGAL PROFESSION A CENTURY ON: THE CASE OF EDITH HAYNES* MARGARET THORNTONT This article focuses on Edith Haynes' unsuccessful attempt to enter the legal profession in Western Australia. Although admitted to articles as a law student in 1900, she was denied permission to sit her intermediate examination by the Supreme Court of WA (In re Edith Haynes (1904) 6 WAR 209). Edith Haynes is of particular interest for two reasons. First, the decision denying her permission to sit the exam was an example of a persons' case', which was typical of an array of cases in the English common law world in the late 19th and early 20th centuries in which courts determined that women were not persons for the purpose of entering the professions or holding public office. Secondly, as all (white) women had been enfranchised in Australia at the time, the decision of the Supreme Court begs the question as to the meaning of active citizenship. The article concludes by hypothesising a different outcome for Edith Haynes by imagining an appeal to the newly established High Court of Australia. Contents I Introduction .................................................1 II Edith Haynes 1876-1963 .........................................4 III In Re Haynes.............................................6 IV The Citizenship Conundrum ....................... ...........9 V Imagining An Appeal ...........................................14 VI Conclusion..............................................19 I INTRODUCTION The struggle by women to enter the legal profession in many parts of the world was a notable manifestation of the internationalisation of first wave feminism in the late 19h and early 20th centuries. It represented one piece of the mosaic relating to the desire to be treated as the equals of men in public life, but corporeality, emotion and eroticism had been indelibly imprinted on the feminine Thanks to Tony Blackshield, Narrelle Morris and Susan Priest for reading and commenting on the text, and to Harry McLauren for research assistance. A version of this paper was presented at 'Narratives of Women in Law: Then and Now', Centre for International and Public Law, ANU College of Law, Australian National University, 19 September 2017. t Professor of Law, ANU College of Law, The Australian National University, Canberra.

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