Sex, Culpability and the Defence of Provocation
Sex, Culpability and the Defence of Provocation

Author: Danielle Tyson

Publisher: Routledge Cavendish

Published: 2013

Total Pages: 0

ISBN-13: 9780203116401

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The partial defence of provocation is one of the most controversial doctrines within the criminal law. It has now been abolished in a number of international jurisdictions. Addressing the trajectory of debates about reform of the provocation defence across different jurisdictions, Sex, Culpability and the Defence of Provocation considers the construction and representation of subjectivity and sexual difference in legal narrations of intimate partner homicide. Undeniably, the most vexing exculpatory cultural narrative of our times is that of a woman 'asking for it'. This book explores how the process of judgment in a criminal trial involves not only the drawing of inferences from the facts of a particular case, but also operates to deliver a narrative. Law, it is argued, constructs a narrative of how the female body incites male violence. And, pursuing an approach that is informed by socio-legal studies, literary theory and feminist theories of the body, Sex, Culpability and the Defence of Provocation considers how this narrative is constructed via a range of discursive practices that position woman as a threat to masculine norms of propriety and autonomy. Once we have a clear understanding of the significance of narrative in legal decision-making, we can then formulate textual strategies of resistance to the violence of law's victim-blaming narratives by rewriting them.

Sex, Culpability, and the Defence of Provocation
Sex, Culpability, and the Defence of Provocation

Author: Danielle Tyson

Publisher: Routledge

Published: 2013

Total Pages: 250

ISBN-13: 0415560179

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Dealing with the complex case law concerning the use of the provocation defence in cases of intimate killings, Sex, Culpability and the Defence of Provocation considers the construction and representation of subjectivity and sexual difference in legal narrations of homicide.

Homicide, Gender and Responsibility
Homicide, Gender and Responsibility

Author: Kate Fitz-Gibbon

Publisher: Routledge

Published: 2016-03-22

Total Pages: 203

ISBN-13: 1317550625

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The crime of homicide has long animated academic debate, community concern and political attention. The discussion has often centered on the perceived (in)adequacy of legal responses to homicide, questions of culpability, and divergent representations of victims and offenders. Within this, notions of gender, responsibility and justice are pivotal. This edited collection builds on existing scholarship by examining these concerns not only in the context of the ‘private’ world of domestic murder but also in the more ‘public’ world of the state, the corporation, war, and genocide. In so doing this book draws from key frameworks of criminological thought, legal analysis and empirical evidence to critically examine the relationship between homicide, gender and responsibility. Bringing together leading international criminology and legal scholars, this collection provides a unique contribution to the academic and policy engagement with what is, more often than not, an ordinary and mundane crime. Analysing the crime in a variety of different social contexts alongside an in-depth and critical analysis of the interconnections between the ordinary act of lethal violence, gender and notions of responsibility, this book will be of interest to students, scholars and policymakers working in criminology and socio-legal studies.

Gender, Homicide, and the Politics of Responsibility
Gender, Homicide, and the Politics of Responsibility

Author: Ashlee Gore

Publisher: Routledge

Published: 2021-09-30

Total Pages: 200

ISBN-13: 1000470857

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Gender, Homicide, and the Politics of Responsibility explores the competing and contradictory understandings of violence against women and men’s responsibility. It situates these within the personal and political intersections of neoliberal and ‘postfeminist’ imperatives of individualisation, choice, and empowerment. As violence against women has become a national and international policy priority, feminist concerns about violence against women, and men’s responsibility, have entered the mainstream only to be articulated in politically contradictory ways. This book explores themes of responsibility for violence, and the social and legal consequences that men and women uniquely or differently encounter. By drawing on high-profile cases of homicide, an extensive literature on feminist perspectives on violence, and compelling focus group discussions, the book examines the politicised claims regarding the ‘responsibility’ of men and women as both victims and offenders in intimate relationships. Deploying a range of interdisciplinary approaches, it utilises a blend of cultural theory and psychosocial analysis to offer an account of the infiltration of postfeminist and neoliberal sensibilities of individualism and responsibilisation in the social, legal, and interpersonal imaginary. The book makes contributions to several fields, such as the current public policy initiatives to hold men accountable for violence against women; understanding public attitudes to violence against women; and contextualising the challenges faced by a number of feminist reforms that seek to address these issues. An accessible and compelling read, Gender, Homicide, and the Politics of Responsibility will appeal to students and scholars of criminology, sociology, gender studies and those interested in understanding the debates surrounding violence against women, violence by women, and the social construction of responsibility and responsibilisation.

Homicide Law Reform, Gender and the Provocation Defence
Homicide Law Reform, Gender and the Provocation Defence

Author: Kate Fitz-Gibbon

Publisher: Springer

Published: 2014-09-23

Total Pages: 431

ISBN-13: 113735755X

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This book critically examines the operation of the partial defence of provocation in a range of comparative international jurisdictions. Centrally concerned with conceptual questions of gender, justice and the role of denial in the criminal justice system, Fitz-Gibbon explores the divergent approaches taken to reforming the law of provocation.

Australian Feminist Judgments
Australian Feminist Judgments

Author: Heather Douglas

Publisher: Bloomsbury Publishing

Published: 2014-11-20

Total Pages: 494

ISBN-13: 1782255400

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This book brings together feminist academics and lawyers to present an impressive collection of alternative judgments in a series of Australian legal cases. By re-imagining original legal decisions through a feminist lens, the collection explores the possibilities, limits and implications of feminist approaches to legal decision-making. Each case is accompanied by a brief commentary that places it in legal and historical context and explains what the feminist rewriting does differently to the original case. The cases not only cover topics of long-standing interest to feminist scholars – such as family law, sexual offences and discrimination law – but also areas which have had less attention, including Indigenous sovereignty, constitutional law, immigration, taxation and environmental law. The collection contributes a distinctly Australian perspective to the growing international literature investigating the role of feminist legal theory in judicial decision-making.

Law and Gender
Law and Gender

Author: Joanne Conaghan

Publisher: Oxford University Press

Published: 2013-09-05

Total Pages: 268

ISBN-13: 0199592926

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What role does gender play in shaping the law and legal thinking? This book provides an answer to this question, examining the historical role of gender in law and the relevance of gender to modern jurisprudence. It presents a clear, concise introduction to thinking about gender issues for lawyers and law students.

Contesting Femicide
Contesting Femicide

Author: Adrian Howe

Publisher: Routledge

Published: 2018-09-03

Total Pages: 221

ISBN-13: 1351068024

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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.

Domestic Violence as State Crime
Domestic Violence as State Crime

Author: Evelyn Rose

Publisher: Routledge

Published: 2021-12-30

Total Pages: 199

ISBN-13: 100052731X

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Domestic Violence as State Crime presents a provocative challenge to the way that domestic violence is understood and addressed. Underpinned by a radical feminist perspective, the central argument of this book is that domestic violence against women constitutes a patriarchal state crime. By analysing the international, collective, structural, and institutional dimensions of this harm, the author outlines a spectrum of state complicity ranging from passive bystander to active producer, participant, and perpetrator. The wide-ranging analysis in this book draws on data from comparable liberal-democratic contexts including Australia, the United States, and the United Kingdom, in order to comprehensively show how domestic violence state criminality functions in practice – even in the present and in supposedly progressive contexts. This analysis provides valuable insight into why this epidemic-scale crime is ever resistant to a diversity of contemporary interventions. Drawing its concepts into a cohesive whole, the book then posits an overarching feminist typological theory of domestic violence as state crime. It also considers how domestic violence might be addressed if we confront its state crime dimensions and adopt a more holistic and transformative approach to remedy, redress, prevention, and justice. An accessible and compelling read, Domestic Violence as State Crime offers an innovative scholarly and activist contribution to the study of violence against women, feminism, criminology, and the broader critical study of law, politics, and society. It will appeal to anyone who is interested in thinking differently about domestic violence and the state.

Crimes of Passion Since Shakespeare
Crimes of Passion Since Shakespeare

Author: Adrian Howe

Publisher: Taylor & Francis

Published: 2023-04-28

Total Pages: 180

ISBN-13: 1000873846

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Bringing key Shakespeare texts into dialogue with feminist socio-legal research, this book investigates the notion of a ‘crime of passion’ – indicatively, wife-killing. Its key concern is to bring attention to a cultural and legal revolution widely overlooked even in the law field where it occurred. In 2009, the English Parliament passed a controversial law abolishing the defence of provocation. Explaining the new law, reformers said that this so-called ‘heat of passion’ defence had allowed men to get away with murder by blaming the victim. Abolishing it in cases of alleged ‘infidelity’ would ‘end the culture of excuses’. Unpacking what was at stake in the reformers’ revolutionary challenge to the English law of murder’s age-old concession to ‘human frailty’ in ‘red mist’ rage cases, this book charts passion’s progress in wife-killing cases over the centuries. It commences in the early modern era when jurists were busy distinguishing murder from manslaughter and, contemporaneously, Shakespeare set about querying culturally inscribed excuses for femicide in his plays, Titus Andronicus and Othello. This book will appeal to feminist and socio-legal scholars, criminologists and those working in the fields of law and literature, legal theory and Shakespeare studies. More widely, it will appeal to anyone interested in so-called ‘crimes of passion’.