Scholarly Commons @ UNLV Boyd Law Scholarly Works Faculty Scholarship 2013 Theorizing from Particularity: Perpetrators and Intersectional Theory on Domestic Violence Elizabeth L. MacDowell University of Nevada, Las Vegas -- William S. Boyd School of Law Follow this and additional works at: https://scholars.law.unlv.edu/facpub Part of the Family Law Commons, and the Other Law Commons Recommended Citation MacDowell, Elizabeth L., "Theorizing from Particularity: Perpetrators and Intersectional Theory on Domestic Violence" (2013). Scholarly Works. 769. https://scholars.law.unlv.edu/facpub/769 This Article is brought to you by the Scholarly Commons @ UNLV Boyd Law, an institutional repository administered by the Wiener-Rogers Law Library at the William S. Boyd School of Law. For more information, please contact
[email protected]. Theorizing from Particularity: Perpetrators and Intersectional Theory on Domestic Violence Elizabeth L. MacDowell ABSTRACT The role of identity-based stereotypes about perpetrators in domestic violence cases has not received much attention in legal scholarship, which has instead focused on the identities of victims. However, stereotypes governing who is a recognizable victim (e.g., that victims are white, middle- class, passive, and dependent women in heterosexual relationships) cannot by themselves explain why nonconforming victims are sometimes successful in family court cases and other, more “perfect” victims are not. Drawing on intersectionality theory, which studies the ways experiences are shaped by the interaction of multiple identity categories, I argue that understanding this phenomenon requires a relational analysis that examines the “other side”: the perpetrator, recognition of whom is governed by intersecting identity stereotypes that parallel those affecting victims. Part II introduces two illustrative domestic violence cases and shows the ways in which conventional approaches to intersectional analysis of victims’ experiences cannot explain why unconventional victims sometimes win their cases while others do not.