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The leading articles on gender and justice within Anglo-American legal theory are assembled in this volume. The essays are drawn primarily from the writings of lawyers working in the common law tradition and they mainly examine the justice of legal institutions. Due to the close kinship between political and legal theories of justice, the book also includes a selection of the work of the more prominent political theorists of justice and gender.
The Teaching of Criminal Law provides the first considered discussion of the pedagogy that should inform the teaching of criminal law. It originates from a survey of criminal law courses in different parts of the English-speaking world which showed significant similarity across countries and over time. It also showed that many aspects of substantive law are neglected. This prompted the question of whether any real consideration had been given to criminal law course design. This book seeks to provide a critical mass of thought on how to secure an understanding of substantive criminal law, by examining the course content that best illustrates the thought process of a criminal lawyer, by presen...
This Research Handbook examines the evolution of understandings and legal definitions of domestic abuse, illustrating the importance of expanding these beyond physical violence to encompass coercive control. Drawing on academic literature, legal doctrine and the lived experiences of victims and survivors, it highlights how responses to domestic abuse can be improved in civil, family and criminal justice systems.
For centuries, law was used to subordinate women and exclude them from the public sphere, so it cannot be expected to become a source of equality instantaneously or without resistance from benchmark men—that is, those who are white, heterosexual, able-bodied and middle class. Equality, furthermore, was attainable only in the public sphere, whereas the private sphere was marked as a site of inequality; a wife, children and servants could never be the equals of the master. Despite their ambivalence about the role of law and its contradictions, women and Others felt that they had no alternative but to look to it as a means of liberation. This skewed patriarchal heritage, the subtext of this c...
In the landmark Lavallee decision of 1990, the Supreme Court of Canada ruled that evidence of “battered woman syndrome” was admissible in establishing self-defence for women accused of killing their abusive partners. This book looks at the legal response to battered women who killed their partners in the fifteen years since Lavallee. Elizabeth Sheehy uses trial transcripts and a case study approach to tell the stories of eleven women, ten of whom killed their partners. She looks at the barriers women face to “just leaving,” the various ways in which self-defence was argued in these cases, and which form of expert testimony was used to frame women’s experience of battering. Drawing ...
Every year, millions of women across the world turn to the law to help them live free from intimate partner violence. They engage with child protection services and police and apply for civil protection orders. They seek family court orders to keep their children safe from violent fathers, and take special visa pathways to avoid deportation following their separation from an abuser. Women are often driven to interact with the law to counteract their abuser's myriad legal applications against them. While separation may seem like a solution, often the abuse just gets worse. Countless women who have experienced intimate partner violence are enmeshed in overlapping, complex, and often inconsiste...
This volume offers a critical and creative analysis of the innovations of Deathscapes, a transnational digital humanities project that maps the sites and distributions of custodial deaths in locations such as police cells, prisons and immigration detention centres. An international team of authors take a multidisciplinary approach to questions of race, geographies of state violence and countermaps of resistance across North America, Australia and Europe. The book establishes rich lines of dialogic connection between digital and other media by incorporating both traditional scholarly resources and digital archives, databases and social media. Chapters offer a comprehensive mapping of the key attributes through which racial violence is addressed and contested through digital media and articulate, in the process, the distinctive dimensions of the Deathscapes site. This interdisciplinary volume will be an important resource for scholars, students and activists working in the areas of Cultural Studies, Media and Visual Studies, Indigenous Studies, Refugee Studies and Law.
How and why Australia's legal system fails Aboriginal and Torres Strait Islander people 'Russell Marks unravels a national tragedy. From the front line he delivers a first-rate, firsthand account of how so many First Nations people end up in jail, again and again.' --Patrick Dodson, Labor Senator for Western Australia Indigenous Australians are the most incarcerated people on the planet. Indigenous men are fifteen times more likely to be locked up than their non-Indigenous counterparts; Indigenous women are twenty-one times more likely. Featuring vivid case studies and drawing on a deep sense of history, Black Lives, White Law explores Australia's extraordinary record of locking up First Nat...