By Bibbings & Nico
Legal legislation has frequently been taught and analysed as though the gender of criminals and their sufferers is beside the point. It has additionally been taught and analysed as though felony legislation doctrine has no reference to questions of criminalisation,crime detection, judgements to cost and prosecute, attorneys trial strategies, judgements as to guilt and sentencing coverage and perform, all of that are considerably laid low with gender. This booklet seeks to fill those gaps via taking a look at the main components during which gender impacts the way in which that suspected criminals and their sufferers are handled by means of the legal justice procedure. in spite of the fact that, this publication isn't just a complement to conventional felony legislations discourse. it's a risky complement, in that the focal point on gender demanding situations legislation declare to neutrality and even-handed justice. The essays during this publication determine that, not just does the legislation often fail to supply girls this type of safeguard from male violence and sexual invasion that they want, however it keeps to discriminate on grounds of gender. even if discriminating in favour of ladies, it does so in ways in which make stronger harmful gender stereotypes. extra particularly, either felony legislations doctrine and felony justice body of workers practice and toughen rules, at the one hand, of lady passivity, irrationality and proneness to sickness, and, at the different, of normal male aggression - either actual and sexual.
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Extra resources for Feminist Perspectives on Criminal Law (Feminist Perspectives on Law)
Given law’s authoritative social status, criminal law thus acts as a powerful ideological tool in the process of educating society as to the norms of appropriate femininity and masculinity. It may even help shape the thoughts and actions of women and men, if not construct their very beings. Following Michel Foucault’s analysis of the operation of power in modern society,45 one can thus say that the power of criminal law is exercised, not so much through its prohibitory function—what Foucault calls ‘juridical power’ –as through ‘normalisation’ and ‘disciplinary’ power.
4 Criminal Law and Feminism However, while the book’s organisation reflects traditional criminal law categories, it is important to realise that a feminist perspective on criminal law reveals themes and concerns which cut across these categories. The aim of the rest of this chapter is to map those recurrent themes and concerns which emerge in this book and in feminist work on criminal law generally. While many chapters in the book offer reform proposals and some suggest future directions for feminist research, most concentrate on criticising current criminal law rules and their application—perhaps unsurprisingly, given the relative novelty of feminist work on criminal law and the criminal process, and the law’s slow response to feminist concerns.
The equality/difference problem is not, however, confined to the evaluation of criminal responsibility and sentencing issues. It is also raised by the existence of gender-specific offences. We have already seen that Childs recommends the abolition of prostitution laws. However, if they are to continue, she argues that there is no justification for retaining the sex specificity of the rules on prostitution, procurement of prostitution and kerbcrawling. More controversial is the gender specificity of rape law.