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Author: Elizabeth M. Schneider Publisher: Yale University Press ISBN: 0300128932 Category : Law Languages : en Pages : 331
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: Elizabeth M. Schneider Publisher: Yale University Press ISBN: 0300128932 Category : Law Languages : en Pages : 331
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: Elizabeth Comack Publisher: Canadian Research Institute for the Advancement of Women = Institut canadien de recherches sur les femmes ISBN: Category : Abused wives Languages : en Pages : 72
Book Description
This monograph analyzes the decision by the Supreme Court of Canada in Lavallee [R. v. Lavallee (1990)] to recognize the Battered Woman Syndrome as relevant in cases involving women defendants who kill their abusive partners. The author suggests that, while there is much in the decision which would lead feminists to consider 'Lavalee' to be a benefit, the decision also legitimates the power of the 'psy' professions to interpret an abused woman's experiences. Accordingly, the Battered Woman Syndrome is criticized as offering an account which individualizes, medicalizes and depoliticizes the abuse. The discussion concludes with a consideration of the implications of the recognition for feminists.
Author: Matt Bernstein Sycamore Publisher: Seal Press ISBN: 078675057X Category : Social Science Languages : en Pages : 320
Book Description
Nobody Passes is a collection of essays that confronts and challenges the very notion of belonging. By examining the perilous intersections of identity, categorization, and community, contributors challenge societal mores and countercultural norms. Nobody Passes explores and critiques the various systems of power seen (or not seen) in the act of “passing.” In a pass-fail situation, standards for acceptance may vary, but somebody always gets trampled on. This anthology seeks to eliminate the pressure to pass and thereby unearth the delicious and devastating opportunities for transformation that might create. Mattilda, aka Matt Bernstein Sycamore, has a history of editing anthologies based on brazen nonconformity and gender defiance. Mattilda sets out to ask the question, “What lies are people forced to tell in order to gain acceptance as 'real'.” The answers are as varied as the life experiences of the writers who tackle this urgent and essential topic.
Author: Lois Bibbings Publisher: Routledge ISBN: 1135343713 Category : Law Languages : en Pages : 554
Book Description
Criminal law has traditionally been taught and analysed as if the gender of criminals and their victims is irrelevant. It has also been taught and analysed as if criminal law doctrine has no connection with questions of criminalisation,crime detection, decisions to charge and prosecute, lawyers trial tactics, decisions as to guilt and sentencing policy and practice, all of which are significantly affected by gender.This book seeks to fill these gaps by looking at the major areas in which gender affects the way that suspected criminals and their victims are treated by the criminal justice system. However, this book is not just a supplement to traditional criminal law discourse. It is a dangerous supplement, in that the focus on gender challenges laws claim to neutrality and even-handed justice.The essays in this book establish that, not only does the law frequently fail to offer women the sort of protection from male violence and sexual invasion that they need, but it continues to discriminate on grounds of gender. Even when discriminating in favour of women, it does so in ways that reinforce dangerous gender stereotypes. More specifically, both criminal law doctrine and criminal justice personnel apply and reinforce ideas, on the one hand, of female passivity, irrationality and proneness to illness, and, on the other, of natural male aggression - both physical and sexual.
Author: Elizabeth A. Sheehy Publisher: UBC Press ISBN: 0774826533 Category : Family & Relationships Languages : en Pages : 493
Book Description
In the landmark Lavallee decision of 1990, the Supreme Court of Canada ruled that evidence of "battered woman syndrome" was admissible in establishing self-defence for women accused of killing their abusive partners. This book looks at the trials of eleven battered women, ten of whom killed their partners, in the fifteen years since Lavallee. Drawing extensively on trial transcripts and a rich expanse of interdisciplinary sources, the author looks at the evidence produced at trial and at how self-defence was argued. By illuminating these cases, this book uncovers the practical and legal dilemmas faced by battered women on trial for murder.
Author: Mary Childs Publisher: Routledge ISBN: 1135343640 Category : Law Languages : en Pages : 304
Book Description
Questions of evidence and proof are fundamental to the operation of substantive law and to our understanding of law as a social practice. The study of evidence involves issues of central concern to feminist scholars,including matters of epistemology, psychology, allocation of risk and responsibility. Debates about evidence, like debates about feminism, involve questioning ideas of rationality and truth, as well as claims to knowledge both by and about men and women. Social constructions of gender are reflected both explicitly and implicitly in evidential rules and in the way in which evidence is received and understood by judges, jurors and magistrates. Feminist evidence scholarship is a relatively new but rapidly developing field. This collection brings together previously unpublished work by feminist legal scholars from different jurisdictions. In these essays, they explore the contributions of feminist theory and methodology to the understanding of the law of evidence.
Author: Judith G. Greenberg Publisher: ISBN: Category : Law Languages : en Pages : 1142
Book Description
Frug's Women and the Law integrates cases with theoretical readings by feminists, social scientists, historians, and legal scholars. Organized around three central topics of work, family, and body, the book reflects a multiplicity of feminist stances and critiques. Highlights of the 3rd edition: * Treatment of Same-Sex Marriage Developments * Sustained treatment of perspectives and problems affecting women of color * Contemporary assessments of sexual harassment law * Expanded treatment of women and the labor market, the economics of divorce, pornography and prostitution * Federal civil rights and state tort law responses to domestic violence * Current regulation of women's reproductive decisions and critiques of reproductive technologies.
Author: Donald Alexander Downs Publisher: University of Chicago Press ISBN: 9780226161600 Category : Family & Relationships Languages : en Pages : 332
Book Description
Donald Downs offers an analysis of the injustices behind the logic of battered woman syndrome, concluding that this very logic harms those it is trying to protect. This work seeks to rethink the criminal justice system.
Author: Adrian Howe Publisher: Routledge ISBN: 1351068024 Category : Law Languages : en Pages : 221
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: Elizabeth M. Schneider
Author: Elizabeth M. Schneider
Author: Elizabeth Comack
Author: Matt Bernstein Sycamore
Author: Lois Bibbings
Author: Elizabeth A. Sheehy
Author: Mary Childs
Author: Judith G. Greenberg
Author: Donald Alexander Downs
Author: Sheryl J. Grana
Author: Adrian Howe