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Author: Adrian Howe
Publisher: Routledge
ISBN: 1351068024
Category : Law
Languages : en
Pages : 221
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Book Description
Focusing on femicide, this book provides a contemporary re-evaluation of Carol Smart’s innovative approach to the law question as first outlined in her ground-breaking book, Feminism and the Power of Law (Routledge 1989). Smart advocated turning to the legal domain not so much for demanding law reforms as construing it as a site on which to contest gender and more particularly, gendered constructions of women’s experiences. Over the last 30 to 40 years, feminist law scholars and activists have launched scathing trans-jurisdictional critiques of the operation of provocation defences in hundreds of femicide cases. The evidence unearthed by feminist scholars that these defences operate in profoundly sexed ways is unequivocal. Accordingly, femicide cases have become critically important sites for feminist engagement and intervention across numerous jurisdictions. Exploring an area of criminal law that was not one of Smart’s own focal concerns, this book both honours and extends Smart’s work by approaching femicide as a site of engagement and counter-discourse that calls into question hegemonic representations of gendered relationships. Femicide cases thus provide a way to continue the endlessly valuable discursive work Smart advocated and practised in other fields of law: both in articulating alternative accounts of gendered relationships and in challenging law’s power to disqualify women’s experiences of violence while privileging men’s feelings and rights.
Author: Adrian Howe
Publisher: Routledge
ISBN: 1351068024
Category : Law
Languages : en
Pages : 221
Get Book Here
Book Description
Focusing on femicide, this book provides a contemporary re-evaluation of Carol Smart’s innovative approach to the law question as first outlined in her ground-breaking book, Feminism and the Power of Law (Routledge 1989). Smart advocated turning to the legal domain not so much for demanding law reforms as construing it as a site on which to contest gender and more particularly, gendered constructions of women’s experiences. Over the last 30 to 40 years, feminist law scholars and activists have launched scathing trans-jurisdictional critiques of the operation of provocation defences in hundreds of femicide cases. The evidence unearthed by feminist scholars that these defences operate in profoundly sexed ways is unequivocal. Accordingly, femicide cases have become critically important sites for feminist engagement and intervention across numerous jurisdictions. Exploring an area of criminal law that was not one of Smart’s own focal concerns, this book both honours and extends Smart’s work by approaching femicide as a site of engagement and counter-discourse that calls into question hegemonic representations of gendered relationships. Femicide cases thus provide a way to continue the endlessly valuable discursive work Smart advocated and practised in other fields of law: both in articulating alternative accounts of gendered relationships and in challenging law’s power to disqualify women’s experiences of violence while privileging men’s feelings and rights.
Author: Nicola Henry
Publisher: Springer
ISBN: 113747615X
Category : Political Science
Languages : en
Pages : 320
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Book Description
This book explores the burgeoning interest in alternative and innovative justice responses to sexual violence both within and outside the legal system. It explores the limits of criminal law for achieving 'rape justice' and highlights possibilities for expanding how we think about justice in the aftermath of sexual violence.
Author: Silvana Tapia Tapia
Publisher: Routledge
ISBN: 100057718X
Category : Law
Languages : en
Pages : 150
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Book Description
Offering an important addition to existing critiques of governance feminism and carceral expansion based mainly on experiences from the Global North, this book critically addresses feminist law reform on violence against women, from a decolonial perspective. Challenging the consensus that penal expansion is mainly associated with the co-option of feminist campaigns to counteract violence against women in the context of neoliberal globalisation, this book shows that long-standing colonial narratives underlie many of today’s dominant legal discourses justifying criminalisation, even in countries whose governments have called themselves "leftist" and "post-neoliberal". Mapping the history of law reform on violence against women in Ecuador, the book reveals how the conciliation between feminist campaigns and criminalisation strategies takes place through liberal legality, the language of human rights, and the discourse of constitutional guarantees, across the political spectrum. Whilst human rights make violence against women intelligible in mainstream legal terms, the book shows that the emergence of a "rights-based penality" produces a benign, formally innocuous criminal law, which can be presented as progressive, but in practice reproduces colonial and postcolonial paradigms that limit and reshape feminist demands. The book raises new questions on the complex social and political factors that impact on feminist law reform projects, as it demonstrates how colonial assumptions about gender, race, class, and the family remain embedded in liberal criminal law. This theoretically and empirically informed analysis makes an innovative contribution to feminist legal theory, post-colonial studies, and criminal law; and will be of interest to activists, scholars and policymakers working at the intersections between gender equality, law, and violence in Latin America and beyond.
Author: Elizabeth M. Schneider
Publisher: Yale University Press
ISBN: 0300128932
Category : Law
Languages : en
Pages : 331
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Book Description
Women’s rights advocates in the United States have long argued that violence against women denies women equality and citizenship, but it took a movement of feminist activists and lawyers, beginning in the late 1960s, to set about realizing this vision and transforming domestic violence from a private problem into a public harm. This important book examines the pathbreaking legal process that has brought the pervasiveness and severity of domestic violence to public attention and has led the United States Congress, the Supreme Court, and the United Nations to address the problem. Elizabeth Schneider has played a pioneering role in this process. From an insider’s perspective she explores how claims of rights for battered women have emerged from feminist activism, and she assesses the possibilities and limitations of feminist legal advocacy to improve battered women’s lives and transform law and culture. The book chronicles the struggle to incorporate feminist arguments into law, particularly in cases of battered women who kill their assailants and battered women who are mothers. With a broad perspective on feminist lawmaking as a vehicle of social change, Schneider examines subjects as wide-ranging as criminal prosecution of batterers, the civil rights remedy of the Violence Against Women Act of 1994, the O. J. Simpson trials, and a class on battered women and the law that she taught at Harvard Law School. Feminist lawmaking on woman abuse, Schneider argues, should reaffirm the historic vision of violence and gender equality that originally animated activist and legal work.
Author: Aya Gruber
Publisher: Univ of California Press
ISBN: 0520973143
Category : Social Science
Languages : en
Pages : 302
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Book Description
Many feminists grapple with the problem of hyper-incarceration in the United States, and yet commentators on gender crime continue to assert that criminal law is not tough enough. This punitive impulse, prominent legal scholar Aya Gruber argues, is dangerous and counterproductive. In their quest to secure women’s protection from domestic violence and rape, American feminists have become soldiers in the war on crime by emphasizing white female victimhood, expanding the power of police and prosecutors, touting the problem-solving power of incarceration, and diverting resources toward law enforcement and away from marginalized communities. Deploying vivid cases and unflinching analysis, The Feminist War on Crime documents the failure of the state to combat sexual and domestic violence through law and punishment. Zero-tolerance anti-violence law and policy tend to make women less safe and more fragile. Mandatory arrests, no-drop prosecutions, forced separation, and incarceration embroil poor women of color in a criminal justice system that is historically hostile to them. This carceral approach exacerbates social inequalities by diverting more power and resources toward a fundamentally flawed criminal justice system, further harming victims, perpetrators, and communities alike. In order to reverse this troubling course, Gruber contends that we must abandon the conventional feminist wisdom, fight violence against women without reinforcing the American prison state, and use criminalization as a technique of last—not first—resort.
Author: D. Kelly Weisberg
Publisher: Temple University Press
ISBN: 9781439901366
Category : Law
Languages : en
Pages : 1206
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Book Description
This book, the second of two volumes, examines the pressing issues that affect women--pornography, prostitution, battery, rape, pay equity, sexual harassment, motherhood, abortion, adoption, new reproductive technologies--and considers them through the lens of feminist legal theory. It features more than sixty articles by well-known legal scholars and feminists. The contributions are arranged thematically and include an introduction and comprehensive literature review by the editor. Applications of Feminist Legal Theory to Women's Lives will be a valuable text for students, a resource for scholars and policy makers, and a useful introduction for general readers.
Author: Rachel Louise Snyder
Publisher: Bloomsbury Publishing USA
ISBN: 1635570999
Category : Social Science
Languages : en
Pages : 337
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Book Description
WINNER OF THE HILLMAN PRIZE FOR BOOK JOURNALISM, THE HELEN BERNSTEIN BOOK AWARD, AND THE LUKAS WORK-IN-PROGRESS AWARD * A NEW YORK TIMES TOP 10 BOOKS OF THE YEAR * NATIONAL BOOK CRITICS CIRCLE AWARD FINALIST * LOS ANGELES TIMES BOOK PRIZE FINALIST * ABA SILVER GAVEL AWARD FINALIST * KIRKUS PRIZE FINALIST NAMED ONE OF THE BEST BOOKS OF 2019 BY: Esquire, Amazon, Kirkus, Library Journal, Publishers Weekly, BookPage, BookRiot, Economist, New York Times Staff Critics “A seminal and breathtaking account of why home is the most dangerous place to be a woman . . . A tour de force.” -Eve Ensler "Terrifying, courageous reportage from our internal war zone." -Andrew Solomon "Extraordinary." -New York Times ,“Editors' Choice” “Gut-wrenching, required reading.” -Esquire "Compulsively readable . . . It will save lives." -Washington Post “Essential, devastating reading.” -Cheryl Strayed, New York Times Book Review An award-winning journalist's intimate investigation of the true scope of domestic violence, revealing how the roots of America's most pressing social crises are buried in abuse that happens behind closed doors. We call it domestic violence. We call it private violence. Sometimes we call it intimate terrorism. But whatever we call it, we generally do not believe it has anything at all to do with us, despite the World Health Organization deeming it a “global epidemic.” In America, domestic violence accounts for 15 percent of all violent crime, and yet it remains locked in silence, even as its tendrils reach unseen into so many of our most pressing national issues, from our economy to our education system, from mass shootings to mass incarceration to #MeToo. We still have not taken the true measure of this problem. In No Visible Bruises, journalist Rachel Louise Snyder gives context for what we don't know we're seeing. She frames this urgent and immersive account of the scale of domestic violence in our country around key stories that explode the common myths-that if things were bad enough, victims would just leave; that a violent person cannot become nonviolent; that shelter is an adequate response; and most insidiously that violence inside the home is a private matter, sealed from the public sphere and disconnected from other forms of violence. Through the stories of victims, perpetrators, law enforcement, and reform movements from across the country, Snyder explores the real roots of private violence, its far-reaching consequences for society, and what it will take to truly address it.
Author: Elizabeth Wilson
Publisher:
ISBN:
Category : Marital violence
Languages : en
Pages : 262
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Book Description
Author: Jane Bailey
Publisher: Emerald Group Publishing
ISBN: 1839828501
Category : Social Science
Languages : en
Pages : 509
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Book Description
The ebook edition of this title is Open Access and freely available to read online This handbook features theoretical, empirical, policy and legal analysis of technology facilitated violence and abuse (TFVA) from over 40 multidisciplinary scholars, practitioners, advocates, survivors and technologists from 17 countries
Author: Susan B. Boyd
Publisher: Law and Society
ISBN: 9780774814126
Category : Law
Languages : en
Pages : 303
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Book Description
In this timely volume, contributors from various disciplines analyze reaction and resistance to feminism in several areas of law and policy - child custody, child poverty, sexual harassment, and sexual assault - and in a number of institutional sites, such as courts, legislatures, families, the mainstream media, and the academy. Collectively, their studies paint a complicated, often contradictory, picture of feminism, law, and social change, offering feminists and activists empirically grounded knowledge to develop legal and political strategies for change.
