The Gender of Crime and Punishment in Southern Africa PDF Download
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Author: Nikki Kalbing
Publisher:
ISBN:
Category :
Languages : en
Pages : 706
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Book Description
This study draws upon several thousand rape and murder trials from Natal, South Africa and the mandated territory of South West Africa (present-day Namibia) to explore the relationship between criminal law, African gender relations, and state formation under British colonial rule, the apartheid state, and the League of Nations Permanent Mandates Commission. The study builds upon historiography that characterizes the civil law--as embodied in customary law regimes--as a tool of racial segregation and gender inequality in that chiefs and magistrates applied customary law to Africans in a manner that contracted the legal rights of African women, while people of other races were subject to the Roman-Dutch law. This study asks whether criminal law played a similar role in advancing racial segregation. The analysis also explores whether the subordination of African women was as central to the formulation of criminal law as it was to civil law, and whether criminal law protected African women from violence by African men. The study concludes that while civil law advanced segregation, criminal law was a space of legal integration. The devolution of civil jurisdiction to chiefs helped create a segregated legal system and social order. In contrast, violent crime undermined social and state stability. The white-run courts that applied Roman-Dutch law maintained a monopoly on trying capital crimes committed by people of all races in order to maintain state stability--not out of a specific desire to regulate violence between African men and women. Therefore, African gender relations were not directly central to the formulation of criminal law. Nevertheless, trials for violence against women profoundly affected both the application of the law and the lives of African women. Pre-conceived judicial notions about African society and sexuality coalesced with the cultural defenses of African male witnesses to create an overall culture of legal leniency towards violence against women. African women were consequently disadvantaged under both the civil and criminal law.
Author: Nikki Kalbing
Publisher:
ISBN:
Category :
Languages : en
Pages : 706
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Book Description
This study draws upon several thousand rape and murder trials from Natal, South Africa and the mandated territory of South West Africa (present-day Namibia) to explore the relationship between criminal law, African gender relations, and state formation under British colonial rule, the apartheid state, and the League of Nations Permanent Mandates Commission. The study builds upon historiography that characterizes the civil law--as embodied in customary law regimes--as a tool of racial segregation and gender inequality in that chiefs and magistrates applied customary law to Africans in a manner that contracted the legal rights of African women, while people of other races were subject to the Roman-Dutch law. This study asks whether criminal law played a similar role in advancing racial segregation. The analysis also explores whether the subordination of African women was as central to the formulation of criminal law as it was to civil law, and whether criminal law protected African women from violence by African men. The study concludes that while civil law advanced segregation, criminal law was a space of legal integration. The devolution of civil jurisdiction to chiefs helped create a segregated legal system and social order. In contrast, violent crime undermined social and state stability. The white-run courts that applied Roman-Dutch law maintained a monopoly on trying capital crimes committed by people of all races in order to maintain state stability--not out of a specific desire to regulate violence between African men and women. Therefore, African gender relations were not directly central to the formulation of criminal law. Nevertheless, trials for violence against women profoundly affected both the application of the law and the lives of African women. Pre-conceived judicial notions about African society and sexuality coalesced with the cultural defenses of African male witnesses to create an overall culture of legal leniency towards violence against women. African women were consequently disadvantaged under both the civil and criminal law.
Author: James Midgley
Publisher:
ISBN:
Category : Crime
Languages : en
Pages : 280
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Book Description
Author: Claire M. Renzetti
Publisher: Routledge
ISBN: 1136836853
Category : Social Science
Languages : en
Pages : 338
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Book Description
Criminological research has historically been based on the study of men, boys and crime. As a result, the criminal justice system’s development of policies, programs, and treatment regimes was based on the male offender. It was not until the 1970s that some criminologists began to draw attention to the neglect of gender in the study of crime, but today, the study of gender and crime is burgeoning within criminology and includes a vast literature. The Routledge International Handbook of Crime and Gender Studies is a collection of original, cutting-edge, multidisciplinary essays which provide a thorough overview of the history and development of research on gender and crime, covering topics based around: theoretical and methodological approaches gender and victimization gender and offending gendered work in the criminal justice system future directions in gender and crime research. Alongside these essays are boxes which highlight particularly innovative ideas or controversial topics – such as cybercrime, restorative justice, campus crime, and media depictions. A second set of boxes features leading gender and crime researchers who reflect on what sparked their interest in the subject. This engaging and thoughtful collection will be invaluable for students and scholars of criminology, sociology, psychology, public health, social work, cultural studies, media studies, economics and political science.
Author: Harold Jack Simons
Publisher:
ISBN:
Category : Africans
Languages : en
Pages : 355
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Book Description
Author: Gail Super
Publisher: Routledge
ISBN: 1317125495
Category : Law
Languages : en
Pages : 191
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Book Description
This book deals with the historic transition to democracy in South Africa and its impact upon crime and punishment. It examines how the problem of crime has emerged as a major issue to be governed in post-apartheid South Africa. Having undergone a dramatic transition from authoritarianism to democracy, from a white minority to black majority government, South Africa provides rich material on the role that political authority, and challenges to it, play in the construction of crime and criminality. As such, the study is about the socio-cultural and political significance of crime and punishment in the context of a change of regime. The work uses the South African case study to examine a question of wider interest, namely the politics of punishment and race in neoliberalizing regimes. It provides interesting and illuminating empirical material to the broader debate on crime control in post-welfare/neoliberalizing/post transition polities.
Author: Bill Dixon
Publisher: University of Cape Town Press
ISBN:
Category : Law
Languages : en
Pages : 308
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Book Description
Ten years into South Africa's new democarcy, crime and what should be done about it are the subject of endless debate. Arguments rage about everything from the accuracy of the country's crime statistics to the state of its prison. but why is crime such a persistent problem? How have patterns of offending changed over the course of South Africa's transition to democarcy. This book provides a series of essays examine the issues and provide insight into solutions.
Author: Sabine Binder
Publisher: BRILL
ISBN: 9004437444
Category : Literary Criticism
Languages : en
Pages : 252
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Book Description
In this ground-breaking study, Sabine Binder analyses the complex ways in which female crime fictional victims, detectives and perpetrators in South African crime fiction resonate with widespread and persistent real crimes against women in post-apartheid South Africa. Drawing on a wide range of crime novels written over the last decade, Binder emphasises the genre’s feminist potential and critically maps its political work at the intersection of gender and race. Her study challenges the perception of crime fiction as a trivial genre and shows how, in South Africa at least, it provides a vibrant platform for social, cultural and ethical debates, exposing violence, misogyny and racism and shedding light on the problematics of law and justice for women faced with crime.
Author: Anine Kreigler
Publisher: Jonathan Ball Publishers
ISBN: 1868427234
Category : Social Science
Languages : en
Pages : 197
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Book Description
South Africans care a lot about crime. We think and worry about it, plan and insure against it, develop and share theories about it, read about it, and talk about it... a lot. But how much do we really know? Crime statistics do not belong to the government, academics, specialists, or the press. They are ours: we experience and report crimes and have a right to access and understand their official record. It should not take any particular expertise to get a grasp on what we should make of the figures and graphs that the South African Police Service produces every year. A Citizen's Guide to Crime Trends in South Africa provides a basis on which to understand the statistics in a manner that is accessible to everyone. Each chapter challenges a set of oft-repeated assumptions about how bad crime is, where it occurs, and who its victims are. It also demonstrates how and why crime statistics need to be matched with other forms of research, including criminal justice data, in order to produce a fuller account of what we are faced with.
Author: Dana M. Britton
Publisher: Rowman & Littlefield
ISBN: 1442262230
Category : Social Science
Languages : en
Pages : 199
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Book Description
The Gender of Crime introduces readers to how gender shapes our understanding of every aspect of crime—from defining what crime is to governing how crime is punished. The second edition of this award-winning book maintains the accessible, reader-friendly narrative of the first edition with key updates and new material throughout, including increased focus on the intersections of race, class, gender, and sexuality in crime and punishment; more attention to LGBTQ issues; additional coverage of gender and crime on college campuses; and more. This dynamic and provocative book illustrates how gender is central to the definition, prosecution, and sentencing of crimes, that it shapes how victimization is experienced and understood, and how it structures the institutions of the criminal justice system and the experiences of workers within that system. The Gender of Crime demonstrates that crime, victimization, and crime control are never generic—they are instead produced and experienced by gendered (and raced, and classed, and sexualized) actors within contexts of social inequality. This book highlights key concepts and encourages readers to think through a range of compelling real-life examples, from school violence to corporate crime. The second edition of The Gender of Crime is essential reading for students of gender and sexuality, sociology, criminology, and criminal justice.
Author: Elaine Farrell
Publisher: Cambridge University Press
ISBN: 1108839509
Category : History
Languages : en
Pages : 305
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Book Description
Focusing on women's relationships, life-circumstances and agency, Elaine Farrell reveals the voices, emotions and decisions of incarcerated women and those affected by their imprisonment, offering an intimate insight into their experiences of the criminal justice system across urban and rural post-Famine Ireland.
