Feminism and the Power of Law

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Author: Carol Smart

Publisher: Routledge

ISBN: 1134972830

Category: Social Science

Page: 192

View: 6351

In this now established text the author presents her analysis of the power of law and argues for a feminist post-structuralist approach. She comments on pornography, as well as discussing recent research on rape trials and abortion legislation.

Contesting Femicide

Feminism and the Power of Law Revisited

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Author: Adrian Howe,Daniela Alaattinoğlu

Publisher: Routledge

ISBN: 1351068024

Category: Law

Page: 150

View: 6473

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.

Power and Law in International Society

International Relations as the Sociology of International Law

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Author: Mark Klamberg

Publisher: Routledge

ISBN: 1317617126

Category: Law

Page: 182

View: 3277

When studying international law there is often a risk of focusing entirely on the content of international rules (i.e. regimes), and ignoring why these regimes exist and to what extent the rules affect state behavior. Similarly, international relations studies can focus so much on theories based on the distribution of power among states that it overlooks the existence and relevance of the rules of international law. Both approaches hold their dangers. The overlooking of international relations risk assuming that states actually follow international law, and discounting the specific rules of international law makes it difficult for readers to understand the impact of the rules in more than a superficial manner. This book unifies international law and international relations by exploring how international law and its institutions may be relevant and influence the course of international relations in international trade, protection of the environment, human rights, international criminal justice and the use of force. As a study on the intersection of power and law, this book will be of great interest and use to scholars and students of international law, international relations, political science, international trade, and conflict resolution.

Law, Crime and Sexuality

Essays in Feminism

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Author: Carol Smart

Publisher: SAGE

ISBN: 9781446231029

Category: Feminism theory

Page: 256

View: 2308

Law, crime, and sexuality transcends the traditional fragmentation of sociology, criminology, socio-legal studies, and feminist theory and philosophy. It enables readers to draw on aspects from each discipline and see how various themes and discussions are related. Compiled specifically for students' needs, the essays show that theory need not be too hard or too inaccessible, and help students to understand the law in conceptual terms while enabling them to become fully aware of the extent to which the law is implicated in our everyday lives.

Exploiting the Limits of Law

Swedish Feminism and the Challenge to Pessimism

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Author: Åsa Gunnarsson,Eva-Maria Svensson

Publisher: Routledge

ISBN: 1317137647

Category: Law

Page: 244

View: 4412

Moving beyond the question of whether an area of scholarly investigation can truly be characterized as 'legal', Exploiting the Limits of Law combats the often unhelpful constraints of law's subject-matter and formal processes. Through a process of reflection on the limits of law and repeated efforts to redraw them, this book challenges the general sense of pessimism among feminists and others about the usefulness of law as an instrument of change. The work combines theoretical analysis of the law's boundaries with investigation of the practical settings for changing legal and policy environments. Both the empirical focus of this volume, and its underlying theoretical concern with the limits of the law and its gender implications, render it of interest to legal scholars throughout the world, whether of EU law, feminism, social policy or philosophy.

The Oxford Handbook of Criminal Law

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Author: Markus D Dubber,Tatjana Hörnle

Publisher: OUP Oxford

ISBN: 0191654604

Category: Law

Page: 1100

View: 2038

The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison or corrections law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.

Homicide and Violent Crime

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Author: Mathieu Deflem

Publisher: Emerald Group Publishing

ISBN: 1787148769

Category: Social Science

Page: 280

View: 9882

This edited volume includes chapters, written by experts in the field, dealing with the social-scientific study of the causes, patterns, and consequences of violent crime and homicide in the contemporary world. The themes range from domestic abuse to racial violence and killings in the United States and across the world.

Feminism and the Power of Love

Interdisciplinary Interventions

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Author: Adriana García-Andrade,Lena Gunnarsson,Anna G. Jónasdóttir

Publisher: Routledge

ISBN: 1351780123

Category: Social Science

Page: 194

View: 6667

The power of love has become a renewed matter of feminist and non-feminist attention in the 21st century’s theory debates. What is this power? Is it a form of domination? Or is it a liberating force in our contemporary societies? Within Feminism and the Power of Love lies the central argument that, although love is a crucial site of gendered power asymmetries, it is also a vital source of human empowerment that we cannot live without. Instead of emphasizing "either-or", this enlightening title puts the dualities and contradictions of love center stage. Indeed, by offering various theoretical perspectives on what makes love such a central value and motivator for people, this title will increase one’s understanding as to why love can keep people in its grip - even when practiced in ways that deplete and oppress. In light of such analyses, the contributions within Feminism and the Power of Love present new perspectives on the conditions and characteristics of non-oppressive, mutually enhancing ways of loving. Bridging the gap between Feminist Affect Studies and Feminist Love Studies, this book will appeal to undergraduate and postgraduate students, including postdoctoral researchers, interested in fields such as women’s and gender studies, sociology, political science, philosophy, cultural studies and sexuality studies.

Gender, Crime and Criminal Justice

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Author: Kate Fitz-Gibbon,Sandra Walklate

Publisher: Routledge

ISBN: 1317221400

Category: Social Science

Page: 222

View: 6381

This book examines the relationship between gender and crime and explores both the gendered nature of crime alongside the gendered nature of criminal victimisation. Covering theory, policy and practice, this new edition has been fully revised to reflect the wider changes, development and influence of gendered thinking in these areas. It brings together a range of key issues, including: Theories and concepts in feminist criminology, Gender and victimisation, Sexual and domestic violence, Male dominance in the criminal justice system, Gendered perspectives in law and criminal justice policy. New to the third edition is increased coverage of gender and crime in international perspective, particularly within the global south, and emerging concepts of risk and security. This is essential reading for advanced courses on gender and crime, women and crime, and feminist criminology.

After the Crime

The Power of Restorative Justice Dialogues Between Victims and Violent Offenders

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Author: Susan L. Miller

Publisher: NYU Press

ISBN: 0814795528

Category: Science

Page: 267

View: 1768

2012 Winner of the Outstanding Book Award presented by the Academy of Criminal Justice Sciences Outstanding Academic Title from 2011 by Choice Magazine Too often, the criminal justice system silences victims, which leaves them frustrated, angry, and with many unanswered questions. Despite their rage and pain, many victims want the opportunity to confront their offenders and find resolution. After the Crime explores a victim-offender dialogue program that offers victims of severe violence an opportunity to meet face-to-face with their incarcerated offenders. Using rich in-depth interview data, the book follows the harrowing stories of crimes of stranger rape, domestic violence, marital rape, incest, child sexual abuse, murder, and drunk driving, ultimately moving beyond story-telling to provide an accessible scholarly analysis of restorative justice. Susan Miller argues that the program has significantly helped the victims who chose to face their offenders in very concrete, transformative ways. Likewise, the offenders have also experienced positive changes in their lives in terms of creating greater accountability and greater victim empathy. After the Crime explores their transformative experiences with restorative justice, vividly illustrating how one program has worked in conjunction with the criminal justice system in order to strengthen victim empowerment.

Women, Crime and Criminology

A Feminist Critique

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Author: Carol Smart

Publisher: Routledge

ISBN: 9780203079676

Category: Social Science

Page: 226

View: 7128

First published in 1977, Women, Crime and Criminology presents a feminist critique of classical and contemporary theories of female criminality. It addresses the issue that criminology literature has, throughout history, been predominantly male-oriented, always treating female criminality as marginal to the 'proper' study of crime in society. Carol Smart explores a new direction in criminology, and the sociology of deviance, by investigating female crime from a committed feminist position. Examining the types of offences committed by female offenders, Smart points to the fallacies inherent in a reliance on official statistics and shows the deficiencies of the popular argument that female emancipation has caused an increase in female crime rates. She deals with studies of prostitution and rape and considers the treatment of women - as offenders and victims - by the criminal law, the police and courts, and the penal system. Particular attention is given to the question of lenient treatment for female offenders with the conclusion that women and girls are, in some important instances, actually discriminated against in our legal and penal systems. The relationship between female criminality and mental illness is discussed and the author concludes by dealing with some of the problems inherent in developing a feminist criminology.

International Humanitarian Law and Justice

Historical and Sociological Perspectives

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Author: Mats Deland,Mark Klamberg,Pål Wrange

Publisher: Routledge

ISBN: 135110442X

Category: History

Page: 232

View: 4053

In the last decade, there has been a turn to history in international humanitarian law and its accompanying fields. To examine this historization and to expand the current scope of scholarship, this book brings together scholars from various fields, including law, history, sociology, and international relations. Human rights law, international criminal law, and the law on the use of force are all explored across the text’s four main themes: historiographies of selected fields of international law; evolution of specific international humanitarian law rules in the context of legal gaps and fault lines; emotions as a factor in international law; and how actors can influence history. This work will enhance and broaden readers’ knowledge of the field and serve as an excellent starting point for further research.

Offending Women

Power, Punishment, and the Regulation of Desire

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Author: Lynne Allison Haney

Publisher: Univ of California Press

ISBN: 0520261909

Category: Social Science

Page: 287

View: 1200

"Lynne Haney is already an important voice in the sociology of welfare but this book marks her debut as a major figure in the sociology of punishment and the study of governmentality. Offending Women is a fascinating work that combines rich ethnographic detail with a structural account of the changing contours of contemporary governance. Its original contributions to prison ethnography, women's studies, and the sociology of the penal-welfare state will make it a reference point in each of these disciplines."--David Garland, author of The Culture of Control "Offending Women is an exemplary piece of work. Haney's writing is engaging, crisp, and smart. She brilliantly assesses the various intentions of the state and incarcerated women and clarifies how these intentions are based on orientations toward punishment and 'healing' that demand fundamental rethinking."--Rickie Solinger, author of Pregnancy and Power and co-editor of Interrupted Life: Experiences of Incarcerated Women in the United States "Lynne Haney brings together her stupendous skills as an ethnographer and her theoretical insights into how states work to explain how the treatment of imprisoned women has changed over the past decade. An altogether brilliant book."--Myra Marx Ferree, University of Wisconsin

Gendered States of Punishment and Welfare

Feminist Political Economy, Primitive Accumulation and the Law

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Author: Adrienne Roberts

Publisher: Taylor & Francis

ISBN: 1134880138

Category: Political Science

Page: 204

View: 8787

This book presents a feminist historical materialist analysis of the ways in which the law, policing and penal regimes have overlapped with social policies to coercively discipline the poor and marginalized sectors of the population throughout the history of capitalism. Roberts argues that capitalism has always been underpinned by the use of state power to discursively construct and materially manage those sectors of the population who are most resistant to and marginalized by the instantiation and deepening of capitalism. The book reveals that the law, along with social welfare regimes, have operated in ways that are highly gendered, as gender – along with race – has been a key axis along which difference has been constructed and regulated. It offers an important theoretical and empirical contribution that disrupts the tendency for mainstream and critical work within IPE to view capitalism primarily as an economic relation. Roberts also provides a feminist critique of the failure of mainstream and critical scholars to analyse the gendered nature of capitalist social relations of production and social reproduction. Exploring a range of issues related to the nature of the capitalist state, the creation and protection of private property, the governance of poverty, the structural compulsions underpinning waged work and the place of women in paid and unpaid labour, this book is of great use to students and scholars of IPE, gender studies, social work, law, sociology, criminology, global development studies, political science and history.

Police, Power, and the Production of Racial Boundaries

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Author: Ana Muñiz

Publisher: Rutgers University Press

ISBN: 081356977X

Category: Law

Page: 154

View: 2796

Based on five years of ethnography, archival research, census data analysis, and interviews, Police, Power, and the Production of Racial Boundaries reveals how the LAPD, city prosecutors, and business owners struggled to control who should be considered “dangerous” and how they should be policed in Los Angeles. Sociologist Ana Muñiz shows how these influential groups used policies and everyday procedures to criminalize behaviors commonly associated with blacks and Latinos and to promote an exceedingly aggressive form of policing. Muñiz illuminates the degree to which the definitions of “gangs” and “deviants” are politically constructed labels born of public policy and court decisions, offering an innovative look at the process of criminalization and underscoring the ways in which a politically powerful coalition can define deviant behavior. As she does so, Muñiz also highlights the various grassroots challenges to such policies and the efforts to call attention to their racist effects. Muñiz describes the fight over two very different methods of policing: community policing (in which the police and the community work together) and the “broken windows” or “zero tolerance” approach (which aggressively polices minor infractions—such as loitering—to deter more serious crime). Police, Power, and the Production of Racial Boundaries also explores the history of the area to explain how Cadillac-Corning became viewed by outsiders as a “violent neighborhood” and how the city’s first gang injunction—a restraining order aimed at alleged gang members—solidified this negative image. As a result, Muñiz shows, Cadillac-Corning and other sections became a test site for repressive practices that eventually spread to the rest of the city.

A Sociology of Crime

Second edition

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Author: Stephen Hester,Peter Eglin

Publisher: Taylor & Francis

ISBN: 1317336712

Category: Social Science

Page: 566

View: 6158

Hester and Eglin’s A Sociology of Crime has an outstanding reputation for its distinctive and systematic contribution to the criminological literature. Through detailed examples and analysis, it shows how crime is a product of processes of criminalisation constituted through the interactional and organizational use of language. In this welcome second edition, the book reviews and evaluates the current state of criminological theory from this "grammatical" perspective. It maintains and develops its critical and subversive stance but greatly widens its theoretical range, including dedicated chapters on gender, race, class and the post-als including postcolonialism. It now also provides questions, exercises and further readings alongside its detailed analysis of a set of international examples, both classical and contemporary.

Intersectionality and Criminology

Disrupting and revolutionizing studies of crime

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Author: Hillary Potter

Publisher: Routledge

ISBN: 1136207465

Category: Social Science

Page: 208

View: 3561

The use of intersectionality theory in the social sciences has proliferated in the past several years, putting forward the argument that the interconnected identities of individuals, and the way these identities are perceived and responded to by others, must be a necessary part of any analysis. Fundamentally, intersectionality claims that not only are people’s lived experiences affected by their racial identity and by their gender identity, but that these identities, and others, continually operate together and affect each other. With "official" statistical data that indicate people of Color have higher offending and victimization rates than White people, and with the overrepresentation of men and people of Color in the criminal legal system, new theories are required that address these phenomena and that are devoid of stereotypical or debasing underpinnings. Intersectionality and Criminology provides a comprehensive review of the need for, and use of, intersectionality in the study of crime, criminality, and the criminal legal system. This is essential reading for academics and students researching and studying in the fields of crime, criminal justice, theoretical criminology, and gender, race, and socioeconomic class.

Fixing Broken Windows

Restoring Order And Reducing Crime In Our Communities

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Author: George L. Kelling,Catherine M. Coles

Publisher: Simon and Schuster

ISBN: 0684837382

Category: Political Science

Page: 319

View: 9515

Cites successful examples of community-based policing

The Oxford Handbook of Feminist Theory

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Author: Lisa Disch,Mary Hawkesworth

Publisher: Oxford University Press

ISBN: 0190623616

Category: Political Science

Page: 1088

View: 3557

The Oxford Handbook of Feminist Theory provides a rich overview of the analytical frameworks and theoretical concepts that feminist theorists have developed to analyze the known world. Featuring leading feminist theorists from diverse regions of the globe, this collection delves into forty-nine subject areas, demonstrating the complexity of feminist challenges to established knowledge, while also engaging areas of contestation within feminist theory. Demonstrating the interdisciplinary nature of feminist theory, the chapters offer innovative analyses of topics central to social and political science, cultural studies and humanities, discourses associated with medicine and science, and issues in contemporary critical theory that have been transformed through feminist theorization. The handbook identifies limitations of key epistemic assumptions that inform traditional scholarship and shows how theorizing from women's and men's lives has profound effects on the conceptualization of central categories, whether the field of analysis is aesthetics, biology, cultural studies, development, economics, film studies, health, history, literature, politics, religion, science studies, sexualities, violence, or war.

Women, Crime and Criminal Justice

A Global Enquiry

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Author: Rosemary L Barberet

Publisher: Routledge

ISBN: 1135005745

Category: Social Science

Page: 248

View: 2231

Women, Crime and Criminal Justice is the winner of the Division of International Criminology’s Distinguished Book Award 2014 and the Academy of Criminal Justice Sciences International Section's 2015 Outstanding Book Award and the first fully internationalised book to focus on women as offenders, victims and justice professionals. It provides background, as well as specialized information that allows readers to comprehend the global forces that shape women and crime; analyze different types of violence against women (in peacetime and in armed conflict); and grasp the challenges faced by women in justice professions such as the police, the judiciary and international peacekeeping. Provocative, highly topical, engaging and written by an expert in the field, this book examines the role of women in crime and criminal justice internationally. Topics covered include: the role of globalization and development in patterns of female offending and victimization, how a human rights framework can help explain women ́s crime, victimization and the criminal justice response, global women’s activism, international perspectives on violence against women, including femicide, violence in conflict and post conflict settings, sex work and sex trafficking, women’s access to justice, as well as the increased role of women in international criminal justice settings. This book will be essential reading for those involved in the study of development, human rights, governance, security sector reform, international relations and public health, as debates about these subjects are intrinsically linked to the issues surrounding women, crime and justice. It will also be useful for students taking courses on gender, crime and criminal justice, violence against women, international criminal justice and gender studies.