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gender discrimination, gender construction and battered women who kill
- Categories
- Article/Artikel
- Magazine Title
- Feminist Legal Studies
- Magazine Year
- 1995
- Magazine Number
- 2
- Creator
- Nicolson, Donald
- Thesaurus
- strafrecht, huiselijk geweld, seksisme, criminaliteit, mishandeling, psychische stoornissen
- Description
- This article examines how gender construction operated in the recent cases of Sara Thornton and Kiranjit Ahluwalia. Their impact on the availability of criminal law defences to battered women who kill has already been thoroughly analysed. Equally significant, however, is the way in which the Court of Appeal constructed each woman and the story behind their killings so as to justify the disposal of their appeals. The cases also illustrate the complex relationship between gender construction and gender discrimination: how discrimination may flow from and reinforce gender constructions: and how the eradication of gender neutral bias may be replaced by a subtle process of gender construction in which female experiences and differences are considered, but in the form of sexist stereotypes which reinforce the oppression and control of women in general.
- Categories
- Article/Artikel
- Magazine Title
- Feminist Legal Studies
- Magazine Year
- 2001
- Magazine Number
- 3
- Creator
- Burton, M.
- Thesaurus
- geweld, huiselijk geweld, strafrecht, Verenigd Koninkrijk
- Description
- This case note considers the availability in the U.K. of the provocation defence in cases of intimate homicide in the context of the recent House of Lords decision in R v. Smith [2000] 3 W.L.R. 654. The note argues that the expansion of the objective component of the defence to encompass the mental infirmities of individual defendants is dangerous for women. Although it has the potential to help some abused women who kill to use the defence, it has, at the same time, exposed women who are abused by sexually possessive, violent men to even greater danger. It is thus argued that the defence should be restricted in the way envisaged by the minority judgement of Lord Millett so that abused women will still be able to use the defence, but by a non-medical route. Alternatively, the defence should be abolished and defences which pose no risk of encompassing violent men should be developed to accommodate abused women.
is there any value in engaging with the law?
- Categories
- Article/Artikel
- Magazine Title
- Feminist Legal Studies
- Magazine Year
- 2007
- Magazine Number
- 3
- Creator
- Connelly, Clare
- Creator
- Cavanagh, Kate
- Thesaurus
- privaatrecht, preventie, wetgeving, beleid, strafrecht, huiselijk geweld, Verenigd Koninkrijk
- Description
- Drawing on international evaluations and a recent study conducted in Scotland this article examines whether legislation in the form of civil protection orders has the effect of curtailing the actions of abusers and if not, what occurs when the traditional criminal justice response comes into play. The strengths of civil protection orders and some explanations for the weaknesses of these orders are considered alongside the question of whether there is any value in women continuing to engage with the law in response to domestic abuse.
Showing 1-3 of 3 records.