Domestic Violence Law Reform And Women S Experience In Court
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Domestic Violence Law Reform And Women S Experience In Court
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Author :
language : en
Publisher: Cambria Press
Release Date :
Domestic Violence Law Reform And Women S Experience In Court written by and has been published by Cambria Press this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.
Domestic Violence Law Reform And Women S Experience In Court
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Author : Rosemary C. Hunter
language : en
Publisher:
Release Date : 2014-05-14
Domestic Violence Law Reform And Women S Experience In Court written by Rosemary C. Hunter and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-14 with LAW categories.
The fact that domestic violence is a serious and ongoing social problem has been well recognized since the women's movement made the hitherto private experience of violence against women in the home into a political issue in the 1960s and 1970s. In Australia, a major national prevalence study of violence against women conducted by the Australian Bureau of Statistics in 1996 found that 23% of women who had ever been married or in a de facto relationship-1.1 million women-had experienced violence from their partner at some stage during the relationship. Feminist legal scholarship, however, has highlighted the many failures of criminal law to respond adequately to women's experiences of domestic violence. Civil remedies for violence and abuse seem to offer better possibilities: there is a lower standard of proof, and the woman is the subject of her own action rather than merely being the object of proceedings. The availability of civil remedies has, in many cases, resulted from feminist campaigns to fill the gaps in protection left by the criminal law. It has also been argued that civil actions provide scope to change public discourses and legal understandings of violence against women. Listening to women's stories might force a revision of traditional conceptions and myths about what constitutes violence, its causes and effects, and "appropriate" reactions to it. This study investigates the ways in which women's experiences of domestic violence are heard and understood in civil court settings, and examines women's experiences of telling their stories (or at least attempting to do so) in those settings. The two areas on which the study focuses are intervention order proceedings in State Magistrates' Courts, and residence, contact, and property matters in the federal Family Court in Australia. The relevant legislation in the two jurisdictions is either partly or wholly a product of feminist legal activism. The study, therefore, seeks to determine whether the feminist claim that the criminal law silences women also pertains in the context of new civil claims specifically designed to respond to women's experiences. The general history and theory of law reform suggests that reforms often strike problems in the process of implementation. But because law does not operate monolithically, the exact nature of those problems is not necessarily predictable. In the context of this study, implementation problems may arise from social and legal discourses about domestic violence and about victims of violence which tend to operate constantly across the legal system, and/or they may arise from the particular rules and structures found in each institutional setting. There is thus a need for detailed examination and analysis of how these various elements operate and interact in different court settings. In undertaking this task, the study has two objectives. First, it draws conclusions about the nature of implementation problems in the two jurisdictions in order to inform future feminist activism around violence against women. Secondly, it makes a more general point about the importance of procedure in feminist legal theory and praxis. In Australia in particular, feminist legal scholars and advocates have placed a heavy emphasis on doctrinal revision and have largely ignored issues of implementation. The study argues that procedure (conceived broadly to encompass the what, where, how, and who of legal proceedings) crucially shapes women's experience of the legal process, and is neglected by feminists at their peril. This book will be of interest to feminist jurisprudence and law and society scholars and researchers, and to activists and advocates in the field of domestic violence.
Shades Of Grey Domestic And Sexual Violence Against Women
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Author : Anna Carline
language : en
Publisher: Routledge
Release Date : 2014-09-19
Shades Of Grey Domestic And Sexual Violence Against Women written by Anna Carline and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-09-19 with Law categories.
Arguing that law must be looked at holistically, this book investigates the ‘hidden gender’ of the so-called neutral or objective legal principles that structure the law addressing violence against women. Adopting an explicitly feminist perspective, it investigates how legal responses to violence against women presuppose, maintain and perpetuate a certain context that may not in fact reflect women’s experiences. Carline and Easteal draw upon relevant legislation, case law and secondary studies from a range of territories, including Australia, England and Wales, the United States, Canada and Europe, to contextualize and critique different policy responses. They go on to examine the potential and limits of law, making recommendations for best practice models of policymaking and law reform. Aiming to help improve government, community and legal responses to women who experience violence, Shades of Grey – Domestic and Sexual Violence Against Women: Law Reform and Society will assist law-makers, academics, policymakers and a wider audience in understanding the complexities of violence against women.
Women S Experience In Court
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Author : Rosemary C. Hunter
language : en
Publisher:
Release Date : 2006
Women S Experience In Court written by Rosemary C. Hunter and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Compromise (Law) categories.
The Legal Response To Violence Against Women
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Author : Karen J. Maschke
language : en
Publisher: Taylor & Francis
Release Date : 1997
The Legal Response To Violence Against Women written by Karen J. Maschke and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Abused wives categories.
This collection of essays and reviews represents the most significant and comprehensive writing on Shakespeare's A Comedy of Errors. Miola's edited work also features a comprehensive critical history, coupled with a full bibliography and photographs of major productions of the play from around the world. In the collection, there are five previously unpublished essays. The topics covered in these new essays are women in the play, the play's debt to contemporary theater, its critical and performance histories in Germany and Japan, the metrical variety of the play, and the distinctly modern perspective on the play as containing dark and disturbing elements. To compliment these new essays, the collection features significant scholarship and commentary on The Comedy of Errors that is published in obscure and difficulty accessible journals, newspapers, and other sources. This collection brings together these essays for the first time.
Understanding Domestic Violence As A Gender Based Human Rights Violation
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Author : Jurgita Bukauskaite
language : en
Publisher: Taylor & Francis
Release Date : 2023-04-14
Understanding Domestic Violence As A Gender Based Human Rights Violation written by Jurgita Bukauskaite and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-04-14 with Political Science categories.
Examining the prevalent issue of domestic violence, this book breaks down the reasons behind the ineffectiveness of existing human rights instruments and the gaps in current legal systems failing those in need. Through a variety of key case studies, it reveals significant gaps in the legal conceptualisation of domestic violence between human rights standards on the one hand and the national legal systems examined—those of Ireland and Lithuania—on the other. The book reveals that, contrary to gender-based universal human rights approaches and despite recent legislative reforms, the legal concept of domestic violence is gender-blind. It fails to capture gender-based empirical realities on the ground, rendering national legal systems devoid of an empirically informed theoretical basis for addressing the problem. Despite the differences in the contextual backgrounds of the two case study countries, the legislation on domestic violence is underpinned by patriarchal beliefs in both. This book employs a gender-based examination of the issue that will be of key interest to scholars, legal practitioners, civil society actors, and students of feminist legal theory, gender equality, gender in international law, gender and human rights and conceptual democracy.
Gender And Domestic Violence
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Author : Brenda Russell
language : en
Publisher: Oxford University Press
Release Date : 2022-07-12
Gender And Domestic Violence written by Brenda Russell and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-07-12 with Psychology categories.
Over the past 40 years, considerable progress has been made in lowering rates of domestic violence in our communities. This progress has been uneven, however, due to continuing misconceptions about the causes and dynamics of domestic violence, which include an exaggerated focus on males as perpetrators and females as victims, as well as a heavy-handed law enforcement response that compromises the rights of criminal defendants without necessarily reducing violence. Gender and Domestic Violence presents empirical research findings and reform recommendations for prosecutors, criminal defense attorneys, policy makers and intervention providers with the aim of rectifying shortcomings in legal and law enforcement responses to domestic violence. The volume's editors and chapter authors confront the notion that certain beliefs shared among victim advocates, legal actors, and other stakeholders -- principally that domestic violence is bound by gender, and is primarily a crime against women -- have led to the use of ineffective and potentially harmful one-size-fits-all intervention policies that can jeopardize defendant due process and victim safety. Domestic violence experts, legal scholars, and practicing attorneys present how gendered aspects of domestic violence affect legal decision-making and practice and provide strategies for becoming more inclusive in the adjudicative process, intervention/prevention, and practice. Gender and Domestic Violence: Contemporary Legal Practice and Intervention Reforms provides the foundation from which we can begin to move beyond the gender paradigm by recognizing disparities and applying tools that improve research, policing, and practice, allowing us to progress toward eradicating domestic violence, and to move closer to equality.
Domestic Violence As State Crime
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Author : Evelyn Rose
language : en
Publisher: Routledge
Release Date : 2021-12-30
Domestic Violence As State Crime written by Evelyn Rose and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-30 with Family & Relationships categories.
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.
Unintended Consequences Of Domestic Violence Law
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Author : Heather Nancarrow
language : en
Publisher: Springer Nature
Release Date : 2019-09-07
Unintended Consequences Of Domestic Violence Law written by Heather Nancarrow and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-07 with Social Science categories.
This book addresses the intersection of two current major concerns in Australia: law and justice responses to domestic violence - including harsher punitive measures - and the over-representation of Indigenous Australians in the criminal justice system, which are similar concerns in New Zealand, Canada and the US. Nancarrow re-conceptualises typologies of violence and provides a means of understanding and explaining female use of violence without undermining the hard-won gains of the women’s movement. It does, however, argue for a paradigm shift, which has implications for every aspect of the system we have built to stop men’s violence against women (law, police policy and practice, counselling and advocacy for victims, and interventions for those who perpetrate violence). The book is based on quantitative and qualitative research and explores the nature of Indigenous intimate partner violence and the types of violence that domestic violence law sought to address.
Intimate Partner Violence Risk And Security
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Author : Kate Fitz-Gibbon
language : en
Publisher: Routledge
Release Date : 2018-06-14
Intimate Partner Violence Risk And Security written by Kate Fitz-Gibbon and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-14 with Social Science categories.
This edited collection addresses intimate partner violence, risk and security as global issues. Although intimate partner violence, risk and security are intimately connected they are rarely considered in tandem in the context of global security. Yet, intimate partner violence causes widespread physical, sexual and/or psychological harm. It is the most common type of violence against women internationally and is estimated to affect 30 per cent of women worldwide. Intimate partner violence has received significant attention in recent years, animating political debate, policy and law reform as well as scholarly attention. In bringing together a range of international experts, this edited collection challenges status quo understandings of risk and questions how we can reposition the risk of IPV, and particularly the risk of IPH, as a critical site of global and national security. It brings together contributions from a range of disciplines and international jurisdictions, including from Australia and New Zealand, United Kingdom, Europe, United States, North America, Brazil and South Africa. The contributions here urge us to think about perpetrators in more nuanced and sophisticated ways with chapters pointing to the structural and social factors that facilitate and sustain violence against women and IPV. Contributors point out that states not only exacerbate the structural conditions producing the risks of violence, but directly coerce and control women as both citizens and non-citizens. States too should be understood as collaborators and facilitators of intimate partner violence. Effective action against intimate partner violence requires sustained responses at the global, state and local levels to end gender inequality. Critical to this end are environmental issues, poverty and the divisions, often along ‘race’ and ethnic lines, underpinning other dimensions of social and economic inequality.