Oscar Davies of Garden Court Chambers spoke to Sarah Henry in the latest episode of the Activist Lawyer Podcast.
Listen below:
In this podcast episode, ‘Unbinding the Binary in Law’, Oscar Davies sheds light on the journey to their practice at Garden Court Chambers, and their upcoming book on non-binary recognition and how the law may better convey and deconstruct the gender/sex binary.
“One purpose is…I want to explain what non-binary is, why it matters, why it’s got material reality. And also, why having non-binary legal and social recognition is important, and the detriments non-binary people face, for example, non-binary (people) can’t have a passport that represents their gender in this country.
The second is the argument that if everyone had a greater appreciation for genders, beyond the binary, and deconstructed their gender in a true and meaningful way, this would benefit everyone, not just trans and non-binary people.
The whole idea is to break down this patriarchal version of society we’re all really entrenched in. If gender was deconstructed and undone (I’m not saying everyone has to dye their hair cerulean blue and become non-binary) – it (would foster) a greater understanding and consciousness of how the binary traps all of us…
In my view, that would mean fewer glass ceilings for women at work, domestic violence in the home, potentially male suicide (which is entrenched in toxic masculinity).”
My argument is it’s more restrictive than you realise.”
On activism in Law, Oscar stated:
“I don’t consider myself an ‘activist’ as such, but I guess I do activist work. I can’t say I’m an activist. I am a lawyer and I do work for specific communities, which I think have gaps in their protections. I do think in a broader sense, activism is important in shaping the law.”
I think change doesn’t happen by people being quiet and by accepting the status quo. You have to shake things up and that’s what activists are not afraid to do. It’s a lot of work to put yourself above the threshold between public and private, and it’s not made out for everyone.”
Activism is obviously important… there’s more need for strategic litigation and certain groups coming together acting in solidarity.
For me, because of my background in gender theory, the basis of why I went into law was because I wanted to see equal rights [for all].
…If I didn’t take on difficult and risky cases, I wouldn’t be using my role as a barrister effectively, or to the greatest extent that I can….It’s all very well to skate along, but that’s not interesting to me.”
On advice to individuals who wanted to follow in a similar path:
“1. Be yourself. I know it’s a well-trodden piece of advice. I only got a lot of this success because I realised there were no public non-binary barristers and I put myself out there. Of course, I was taking a risk by doing that…I think you have to be authentic to yourself and what that means to you.”
“2. Support your community – whatever that means to you. A lot of the interesting work I do is because I support LGBTQ+ groups and provide free advice a lot of the time…
Everyone needs lawyers…You can do the pre-lawyer stuff and test your skills. If you can be persuasive in terms of scaring a big institution, you’re actually doing the law stuff before you’re a proper lawyer.
3. If you are doing your applications, you need to make sure you’ve got all of the bare minimums, and if you don’t – why is there a gap on your CV? In barrister terms, that means a ‘good degree’, some pro-bono work…and some mini-pupillages by the time you apply to pupillages (3-5), and some mooting, ideally placing in the moot, and also scholarships and prizes. That sounds like a lot, but for the Bar, that is the bare minimum, to be properly considered as a candidate, because the level is so high and there are so few places…I think ultimately, if you’ve got the energy, the tenacity and the willpower, you’ve got a good chance of making it.”
Oscar is an award-winning barrister and is ranked as a Tier 1 ‘Rising Star’ in the Legal 500. Oscar undertakes a range of civil and public law work, including employment, education, human rights, commercial and property/housing.
Oscar won ‘LGBTQ+: Champion of the Year’ at the Legal 500 ESG Awards 2024. Oscar was also nominated for ‘DE&I: Rising Star of the Year’ at the Legal 500 ESG Awards 2024. Oscar was also a finalist for ‘Young Pro Bono Barrister of the Year’ at Advocate’s Bar Pro Bono Awards 2024.
Oscar is authorised to accept instructions directly from lay clients, under the Bar Council’s public access scheme.
