DOCSLIB.ORG

Relational Autonomy from a Political Perspective

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Relational Autonomy from a Political Perspective Relational Autonomy from a Political Perspective Maud Faïle Gauthier-Chung A thesis submitted to the Department of Government of the London School of Economics and Political Science for the degree of Doctor of Philosophy September 2017 London 1 Declaration I certify that the thesis I have presented for examination for the MPhil/PhD degree of the London School of Economics and Political Science is solely my own work other than where I have clearly indicated that it is the work of others. I thereby declare that two chapters are based on former work: a version Chapter 4 has been published in French, under the title ‘Égalité entre les sexes et libéralisme: le cas des congés de paternité’ (‘Sex Equality and Liberalism: the paternity leave case’) (2016), in the peer reviewed journal Politique et Sociétés, and was based on an essay produced in the class GV4G3. A version of Chapter 6 has been published in a special issue of the peer-reviewed Journal Moral Philosophy and Politics on the philosophy of Joseph Raz under the title ‘Hounded Women: The IPV Protocol and the Autonomy of Abuse Victims’ (2017). The copyright of this thesis rests with the author. Quotation from it is permitted, provided that full acknowledgement is made. This thesis may not be reproduced without my prior written consent. I warrant that this authorization does not, to the best of my belief, infringe the rights of any third party. I declare that my thesis consists of 87 192 words. 2 Abstract Individual autonomy is crucial to both liberalism and feminism and, to some extent, for similar reasons: that is, the insistence on everyone being able to shape her own life and not just have it shaped for her. As it is currently understood, however, this ideal is a source of great dissatisfaction for feminists. For one, it is blind to the ‘problem of oppression’ –that is the way social factors, such as oppressive gender norms, can affect individuals’ capacity to lead a self- governed life. In addition, on the political level, autonomy is aligned with individualism, independence and rationality. This makes it an exclusionary ideal, which, under the cover of universalism, promotes a prejudiced and narrow vision of what agents and preferences should be seen as worthy of respect. I refer to this as the problem of exclusion. My thesis is an attempt to reframe our understanding of autonomy in order to answer these two problems. I argue that the relational accounts of autonomy feminists have articulated should be understood as motivated by the need to address these key concerns (Ch. 1). However, none of the relational accounts developed so far truly succeed in simultaneously addressing the problem of oppression and the problem of exclusion (Ch. 2). I suggest that this is because they are still too individualistic in their focus and remain fixed on the question of what individual agent and/or preference should be considered autonomous. In order to ensure we avoid the problem of exclusion, I propose we remain agnostic towards this question. This results in a systematic presumption of autonomy, which commits us to demonstrate respect to all agents (especially vulnerable ones), as well as to their declared preferences. Such a commitment, however, should not lead us to overlook the problem of oppression. In order to address this problem, I argue that we should devote our attention to the way the socio-relational context structures how agents can plausibly exercise their autonomy. In other words, in order to address the problem of oppression without reproducing the problem of exclusion, we need to stop focusing on the question of who should be considered autonomous and instead refocus on the question of what structural changes might promote the autonomy of all (Ch. 3). I call the resulting account an ‘agnostic and structural’ understanding of autonomy. I argue that such a conception of autonomy is promising as it offers an inclusive conception of self-government, which nonetheless gives us grounds to vindicate substantial emancipatory policies. I then present a set of case studies in order to show how such a conception of autonomy could help us deal with entrenched gender inequalities. Doing so enables me to illustrate the difference adopting an ‘agnostic and structural’ conception of autonomy could make in the areas of our legal system that are underpinned by an individualistic understanding of autonomy. Legal frameworks surrounding parental leave (Ch. 4), divorce and separation (Ch. 5), domestic violence (Ch. 6) and even our understanding of criminal responsibility (Ch. 7), I argue, could be effectively reframed using the kind of understanding of autonomy I propose. 3 Content Acknowledgements…………………………………………………………………………………………………..……6 Introduction…………………………………………………………………………………………………………..……..7 1: Individual Autonomy, the Problem of Oppression and the Problem of Exclusion………..…13 I. Autonomy from a Political Perspective………………………………………………………..….14 II. Feminist Dissatisfaction with Autonomy……………………………………………………..…..18 A. The Problem of Exclusion………………………………………………………….....….20 B. The Problem of Oppression………………………………………………………………26 III. The Relational Conceptions of Autonomy……………………………………………………..30 A. Why Keep Autonomy?................................................................................30 B. The Relational Accounts of Autonomy……………………………………………….32 2: Existing Relational Frameworks………………………………………………………………………………….37 I. Procedural Accounts…………………………………………………………………………………….38 A. The Minimalist Model……………………………………………………………………….39 B. The Historical Model………………………………………………………………………..41 C. The Self-Regarding Attitude Model…………………………………………………….44 D. The Competencies Model …………………………………………………………………47 II. Substantive Accounts ………………………………………………………………………………….51 A. Strong Substantive Accounts………………………………………………………………51 B. Structural Substantive Accounts………………………………………………………….57 III. Legal Accounts………………………………………………………………………………………….64 3: Towards an Agnostic and Structural Account of Autonomy…………………………………………..71 I. An Agnostic Framework……………………………………………………………………………….72 A. Autonomy as Causally Relational………………………………………………………..73 B. The Problem of Thick Disagreement………………………………………………….76 C. The Problem of Epistemic Uncertainty……………………………………………….78 D. An Open Account of the Competencies Needed for Self-Determination..79 E. Avoiding Exclusion: A Systematic Presumption of Autonomy……………….83 II. A Structural Framework………………………………………………………………………………86 A. Autonomy and Adequate Options………………………………………………………87 B. Listening to the Agent………………………………………………………………………..90 C. Identifying Oppression………………………………………………………………………92 D. The Temporal Dimension of Oppression……………………………………………96 E. The Question of Legitimate Means……………………………………………………..96 F. What about Adaptive Preferences?..............................................................99 4 4: Disrupting Gendered Preferences……………..………………..………………………………..…….……105 I. Champions of the Global Gender Gap Index………………………………………………..106 II. The Structural Forces at Play………………………………………………………………………108 III. The Daddy Quota……………………………………………………………………………..……..111 IV. The Anti-Perfectionism Objection…………………………………………………………..….113 5: When the Family Is No Longer: Separations and the Vulnerable Caregiver…………..……..119 I. The Case……………………………………………………………………………………………..……121 II. The Grounds for the Decisions: The Strong Autonomy View……………………..….122 III. The Grounds for Contestation: The Functionalist Argument………………………....124 IV. Respecting Autonomy While Protecting Caregivers…………………………………..…..126 6: Hounded Women and the IPV Protocol…………………………………………………………..………135 I. The No-Drop Protocol and the Debate Surrounding It………………………………….136 II. Hounded Women……………………………………………………………………………………..141 7: Victims or Agents? When Battered Women Kill…………………………………………………..…..150 I. The Guilty Agent or the Helpless Victim: Diminished Responsibility and Provocation Pleas……………………………………………………………………………………….151 II. What About Self-Defence? Lavallee, the Battered Women Syndrome and Its Consequences………………………………………………………………………………………..…….….157 III. An Agnostic and Structural Defence for Battered Women Who Kill……………..163 Conclusion…………………………………………………………………………………………………………………173 References…………………………………………………………………………………………………………………177 5 Acknowledgements I wish to thank, first and foremost, Anne Phillips. Anne has been a wonderful, insightful and very patient supervisor. I could not have written this thesis without her. Special thanks also to Laura Valentini, who acted as my second supervisor, and has commented on many papers that now compose crucial parts of this thesis. My gratitude goes to all the feminists (activists as well as researchers), who have paved the way to a better world, and who continue to work toward this goal. I am greatly indebted to you, and so are my research. My warm regards to the LSE POTY crew, composed of the peers, friends, and professors (in no particular order): Mollie Gerver, Kai Spiekermann, Sarah Goff, Anahi Wiedenbrug, Marta Wojciechowska, Nimrod Kovner, Chandran Kukathas, Diana Popescu, Kaveh Pourvand, Jacob Huber, Paola Romero, Katrin Flikschuh, and David Axelsen. Many thanks to the distinguished members of the pueblo familia: Charles Côté- Bouchard, Anne-Marie Lévesque, Alexandre Gajevic-Sayegh, Simon-Pierre Chevarie-Cossette, and Tanya Goodchild. You have been a true family to me during these years in London. To those I have met in conferences, and whose generosity, and comments have helped me, thank you. In particular, Chris Mills and Michael Garnett, for your encouragement and
Load more

Recommended publications
  • The Criminal Justice Response to Women Who Kill an Interview with Helena Kennedy Sheila Quaid and Catherine Itzin Introduction
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Sunderland University Institutional Repository The criminal justice response to women who kill An interview with Helena Kennedy Sheila Quaid and Catherine Itzin Introduction This chapter is based on an interview with Helena Kennedy QC by Catherine Itzin. It has been edited into the form of a narrative, covering a range of issues relating to women and the criminal justice system, and in particular explores the question of 'Why do women kill?'. In Helena Kennedy's experience of defending women, she asserts that most women kill in desperation, in self... defence or in the defence of their children. Women's experience of violence and escape from violence has received much critical comment and campaigning for law reform over the past few years and some cases such as Sara Thornton, Kiranjit Ahluwalia and Emma Humphreys have achieved a high public profile as campaigners have fought for their release from life sentences. All three women had sustained years of violence and abuse from their partners and had killed in their attempts to stop the violence. Who women kill Women are rarely involved in serial killing and they almost never go out and plan the anonymous killing of a victim with whom who they have no connection at all. For the most part women kill people they know and primarily these people are men. They kill within the domestic arena: they kill their husbands, their lovers, their boyfriends and sometimes they kill their children. Occasion... ally it might stretch beyond the domestic parameter, but the numbers are incredibly small, and when women kill it is when something is going very wrong with their domestic environment.
    [Show full text]
  • PROVOCATION’: READRESSING the LANDMARK THAT OUTFLANKED the LAW of MURDER – a COMMENT on ‘REGINA V
    Indian Journal of Legal Research & Advancements Volume 1 Issue 1, October 2020 EXPATIATION OF ‘PROVOCATION’: READRESSING THE LANDMARK THAT OUTFLANKED THE LAW OF MURDER – A COMMENT ON ‘REGINA v. Kiranjit Ahluwalia’ Ritik Gupta* ABSTRACT Metaphorically, understanding with practicality makes the concept more explicable, and the same did the case of Regina v. Kiranjit Ahluwalia (“Ahluwalia”) on which the author will be commenting in this piece. Firstly, he will expound that how this judgment broadened the compass of ‘provocation’ and influenced the whole world through a new facet respecting domestic violence and then how the three appeals performed the interrogator, that grilled the legitimacy of directions placed in the precedents in conformance with the contemporary law. Secondly, he will scrutinise the fluctuations escorted due to the inducement of this watershed moment to statues and acts and why those became desiderata to bring into effect. Thirdly, he will draw a distinction in the context of ‘provocation’ and ‘diminished responsibility’ amongst English and Indian law, and discourse that why the latter needs an overhaul. Further, he will tag the tribulations which women have to bear when the law does not perceive the circumstance in all facets. Lastly, he will conclude in a concise way and portray the remainder. TABLE OF CONTENTS * The author is a student of B.A. LL.B. (Hons.) at Fairfield Institute of Management and Technology, GGSIP University, New Delhi. He may be reached at [email protected]. The views expressed in this article are solely those of the author and do not necessarily reflect the institution’s with which the author is affiliated.
    [Show full text]
  • Gender Representations in Women's Cinema of the South Asian Diaspora
    Universidad de Salamanca Facultad de Filología / Departamento de Filología Inglesa HYBRID CINEMAS AND NARRATIVES: GENDER REPRESENTATIONS IN WOMEN’S CINEMA OF THE SOUTH ASIAN DIASPORA Tesis Doctoral Jorge Diego Sánchez Directora: Olga Barrios Herrero 2015 © Photograph by Sohini Roychowdhury at Anjali Basu’s Wedding Ceremony (Kolkata, India), 2015. UNIVERSIDAD DE SALAMANCA FACULTAD DE FILOLOGÍA DEPARTAMENTO DE FILOLOGÍA INGLESA HYBRID CINEMAS AND NARRATIVES: GENDER REPRESENTATIONS IN WOMEN’S CINEMA OF THE SOUTH ASIAN DIASPORA Tesis para optar al grado de doctor presentada por Jorge Diego Sánchez Directora: Olga Barrios Herrero V°B° Olga Barrios Herrero Jorge Diego Sánchez Salamanca, 2015 1 INDEX INDEX Page ACKNOWLEDGEMENTS ……………………………………………………………… 5 INTRODUCTION ……………………………………………………………………….. 13 CHAPTER I THE MANY SOUTH ASIAS OF THE MIND: HISTORY OF THE SOUTH ASIAN DIASPORA …………………………………………………………………..………….. 27 1- Inwards Flight to the History of the South Asian Subcontinent ………………………. 32 1.1 The Indian Palimpsest. A Fractal Overview of the Historical Confrontations in the South Asian Subcontinent until the Establishment of the British Raj ………………………………………………….. 33 1.2 The Jewel of the Crown: the Colonial Encounter as the End Of the Integrating Diversity and the Beginning of a Categorising Society ……………………………………………………………… 38 1.3 The Construction of the Indian National Identity as a Postcolonial Abstraction: the Partition of the Religious, Linguistic and Social Distinctiveness ………………………………………………………….…. 43 2- Outwards Flight of South Asian Cultures: The Many Indian Diasporas …………….... 49 2.1 Raw Materials and Peoples: Indian Diaspora to the UK, Caribbean and East and South Africa during Colonial Times ……………..…….. 50 A. Arriving at the British Metropolis: Cotton, Labour Force and Colonising Education (1765 – 1947) …………………….. 51 B. Working for the Empire: Indentured Indian Diaspora in the Caribbean (1838 – 1917) …………………….….
    [Show full text]
  • School of Finance & Law Working Paper Series the Radical
    School of Finance & Law Working Paper Series The Radical Potentialities of Biographical Methods for Making Difference(s) Visible by Elizabeth Mytton Bournemouth University No. 5. 1997 Bournemouth University, School of Finance & Law (Department of Accounting & Finance), Talbot Campus, Fern Barrow, Poole, Dorset. BH12 5BB Published 1997 by the School of Finance and Law, Bournemouth University, Talbot Campus, Fern Barrow, Poole, Dorset, BH12 5BB. For further details contact: Elizabeth Mytton School of Finance & Law Bournemouth University Fern Barrow Poole, BH12 5BB United Kingdom Tel: (00)- 01202 595206 Fax: (00)-1202-595261 Email: [email protected] ISBN 1-85899-043-2 Copyright is held by the individual authors. A catalogue record for this publication is available from the British Library. Acknowledgements The author would like to thank Kerry Howell for his valuable guidance and Geoff Willcocks for the recognition of pedagogic studies and research. [The usual disclaimer applies.] For further information on the series, contact K. Howell, School of Finance & Law, Bournemouth University. The Radical Potentialities of Biographical Methods for Making Difference(s) Visible by Elizabeth Mytton Senior Lecturer School of Finance & Law Bournemouth University November 1997 The common law of England has been laboriously built up by a mythical figure - the figure of the reasonable man. (Herbert, Uncommon Law 1935) Abstract This paper is part of work in progress which explores the use of biographical methods and the radical potentialities there may be for making difference(s) visible. 'Radical potentialities' refers to the extent to which there are opportunities to effect change. This paper is primarily concerned with exploring prevailing narratives which generate epistemological assumptions creating a conceptual framework within which the law of provocation as it relates to women who kill their partners operates.
    [Show full text]
  • WHO KILL: How the State Criminalises Women We Might Otherwise Be Burying TABLE of CONTENTS
    WOMEN WHO KILL: how the state criminalises women we might otherwise be burying TABLE OF CONTENTS Acknowledgements 1 About the Contributors 2-3 Foreword by Harriet Wistrich, Director 4-6 Summary of Key Findings 7-12 1. Lack of protection from domestic abuse: triggers to women’s lethal violence 7 2. First responders when women kill 8 3. Court proceedings 8 4. Additional challenges 10 5. Expert evidence 11 6. After conviction 11 Introduction 13-17 The legal framework in England and Wales 15 Homicide in the context of intimate partner relationships 17 Methodology 18-21 Primary data collection 19 Women participants 20 Secondary data analysis 20 Study limitations 21 Key Findings: Prevalence and criminal justice outcomes for women 22-23 Key Findings: Criminal justice responses to women who kill 24-96 1. Lack of protection from domestic abuse: triggers to women’s lethal violence 24 2. First responders when women kill 33 3. Court proceedings 43 4. Additional challenges 73 5. Expert evidence 83 6. After conviction 90 TABLE OF CONTENTS CONT. Conclusion and Recommendations 97-106 Conclusion 97 Recommendations 98 1. Systemic change to address triggers to women’s lethal violence 98 2. When women kill: early stages of the criminal justice process 99 3. Court proceedings 101 4. Additional challenges 102 5. Expert evidence 102 6. After conviction 103 7. Further recommendations 105 8. Recommendations for further research 106 Appendix 1: Detailed methodology 107-118 Appendix 2: The intersection of domestic abuse, race and culture in cases involving Black and minority ethnic women in the criminal justice system 119-128 Appendix 3: Media analysis - women who kill 129-137 Appendix 4: The legal framework surrounding cases of women who kill 138-143 Endnotes 144-149 WOMEN WHO KILL: how the state criminalises women we might otherwise be burying Acknowledgements Research has been coordinated and written by Sophie Howes, with input from Helen Easton, Harriet Wistrich, Katy Swaine Williams, Clare Wade QC, Pragna Patel and Julie Bindel, Nic Mainwood, Hannana Siddiqui.
    [Show full text]
  • Gender Equality and Cultural Claims: Testing Incompatibility Through Analysis of UK Policies on Minority 'Cultural Practices M
    Gender equality and cultural claims: testing incompatibility through analysis of UK policies on minority ‘cultural practices’ 1997-2007 Moira Dustin Gender Institute, London School of Economics and Political Science Degree of PhD UMI Number: U615669 All rights reserved INFORMATION TO ALL USERS The quality of this reproduction is dependent upon the quality of the copy submitted. In the unlikely event that the author did not send a complete manuscript and there are missing pages, these will be noted. Also, if material had to be removed, a note will indicate the deletion. Dissertation Publishing UMI U615669 Published by ProQuest LLC 2014. Copyright in the Dissertation held by the Author. Microform Edition © ProQuest LLC. All rights reserved. This work is protected against unauthorized copying under Title 17, United States Code. ProQuest LLC 789 East Eisenhower Parkway P.O. Box 1346 Ann Arbor, Ml 48106-1346 2 8% of chapter 3 and 25% of chapter 4 appeared in a previously published paper I co­ authored with my supervisor: ‘UK Initiatives on Forced Marriage: Regulation, Dialogue and Exit’ by Anne Phillips and Moira Dustin, Political Studies, October 2004, vol 52, pp531-551.1 was responsible for most of the empirical research in the paper. Apart from this, I confirm that the work presented in the thesis is my own. Moira Dustin i/la ^SL. 3 Many thanks to Anne Phillips, and also to family, friends and colleagues for their support and advice. ' h e $ £ Snlisl'i ibraryo* Political mo Economic Soenoe 4 Abstract Debates about multiculturalism attempt to resolve the tension that has been identified in Western societies between the cultural claims of minorities and the liberal values of democracy and individual choice.
    [Show full text]
  • POLICING DOMESTIC VIOLENCE the Work of Southall Under the Law and New Guidelines Pertaining to Domestic Violence
    CJM CRnaNALJUSnCEMATTEBS POLICING DOMESTIC VIOLENCE The work of Southall under the law and new guidelines pertaining to domestic violence. We have Black Sisters come to the conclusion that the whole complaints system, including the Police Southall Black Sisters is a women's Complaints Authority is deeply centre which has been in existence since unsatisfactory and completely 1983. It carries out a wide variety of unworkable. activities but its main work is giving The question of spousal homicide, advice and counselling to women who where domestic violence forms part of face domestic violence. Most of the the background to the case has occupied women who are clients of Southall Black us for some time. For a number of years press charges. Sisters are Asian, as the area is we have fought for convictions of men predominantly an Asian area, but we who have killed women in their families. Arguments for inaction also work with a large number of women We have also been involved in the legal Some aspects of multi-culturalism have from both minority and English case of Kiranjit Ahluwalia who was the effect of denying women from backgrounds who use our facilities as convicted of murder in December 1989. minorities access to protection from the the local women's centre. Women also We took her instructions when the appeal police. The police are particularly come from outside the immediate was being prepared. We have also worked reluctant to intervene in Asian catchment area because the centre has with Sara Thornton, also convicted of communities because of their perception acquired a national reputation.
    [Show full text]
  • Interviewing the Embodiment of Political Evil
    University of Huddersfield Repository Gavin, Helen Jealous Men but Evil Women: The Double Standard in Cases of Domestic Homicide Original Citation Gavin, Helen (2015) Jealous Men but Evil Women: The Double Standard in Cases of Domestic Homicide. In: Perceiving Evil: Evil, Women and the Feminine. Inter-Disciplinary Press. ISBN 978- 1-84888-005-4 This version is available at http://eprints.hud.ac.uk/id/eprint/27269/ The University Repository is a digital collection of the research output of the University, available on Open Access. Copyright and Moral Rights for the items on this site are retained by the individual author and/or other copyright owners. Users may access full items free of charge; copies of full text items generally can be reproduced, displayed or performed and given to third parties in any format or medium for personal research or study, educational or not-for-profit purposes without prior permission or charge, provided: • The authors, title and full bibliographic details is credited in any copy; • A hyperlink and/or URL is included for the original metadata page; and • The content is not changed in any way. For more information, including our policy and submission procedure, please contact the Repository Team at: [email protected]. http://eprints.hud.ac.uk/ Jealous Men but Evil Women: The Double Standard in Cases of Domestic Homicide Helen Gavin Abstract In 1989, Sara Thornton killed her abusive husband with a knife, after years of abuse and threats to her daughter. She was convicted of murder and sentenced to life imprisonment. Also in 1989, Kiranjit Ahluwalia soaked her husband’s bedclothes with petrol and set them alight.
    [Show full text]
  • Bc Chronology
    How To Murder A Man And Get Away With It This is an address by The International False Rape Timeline. A conference on this subject will be held shortly, although its title is less direct and far less honest. Unsurprisingly, the event is being held on-line. As you can see, it is called Women Who Kill: how the state criminalises women we might otherwise be burying - in other words, women who are convicted of murder should not be. Ever? If you know anything about the women behind this perversion of the rule of law, you will realise that is a rhetorical question. The Centre For Women’s Justice is a registered charity, which according to its mission statement “aims to advance the human rights of women and girls in England and Wales by - holding the state to account for failures in the prevention of violence against women and girls and - challenging discrimination against women within the criminal justice system”. Don’t be deceived by the rhetoric anymore than by the name. Strangely, for a feminist organisation, it has zero commitment to diversity; all ten of its trustees are women. Biological women. The two women behind it are the lawyer Harriet Wistrich and her lover, the journalist Julie Bindel. Wistrich’s mother Enid was a formidable anti-censorship campaigner; she died last year aged 91. Sadly, the apple fell a long way from the tree; Bindel is even worse: attacking pornography and prostitution - both social evils created and perpetuated by the mythical patriarchy. Those present at this conference/meeting/launch will include the gullible Samira Ahmed, and four women who are anything but gullible: Sally Challen, Pragna Patel, Elizabeth Sheehy, and Naz Shah.
    [Show full text]
  • Resistance to Equality Elizabeth M
    Brooklyn Law School BrooklynWorks Faculty Scholarship Spring 1996 Resistance to Equality Elizabeth M. Schneider Brooklyn Law School, [email protected] Follow this and additional works at: https://brooklynworks.brooklaw.edu/faculty Part of the Criminal Law Commons, Criminal Procedure Commons, Law and Gender Commons, and the Other Law Commons Recommended Citation 57 U. Pitt. L. Rev. 477 (1995-1996) This Article is brought to you for free and open access by BrooklynWorks. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of BrooklynWorks. RESISTANCE TO EQUALITY Elizabeth M. Schneider* TABLE OF CONTENTS I. Introduction ...................................... 477 II. The Context of the Problem: Equal Rights to Trial .... 483 A. The Legal Framework of the Problem ........... 492 B. The Goals of Equal Rights to Trial ............. 495 III. Common Misconceptions ........................... 497 A. Definition of the "Battered Woman" ............ 497 B. Reasonableness and Choice of Defense ........... 500 C. "Battered Woman Syndrome" .................. 505 D. "Battered Woman" or "Battered Woman Syn- drome" Defense .............................. 509 E. The Impact of "Special" Legislation ............ 512 IV. Impacts of Resistance to Equality ................... 514 V. Resistance to Equality: Reflection and Dialogue ....... 521 I. INTRODUCTION This symposium addresses one of the most important, complex, and vexing issues in criminal legal theory and practice: how the crimi- nal law takes account of the relations of domination in shaping de- fenses or excuses to explain otherwise criminal conduct. This issue has been highlighted over the last twenty years by the particular circum- stances and cases of battered women who kill their assailants, cases which have captured national and international attention," the interest * Professor of Law, Brooklyn Law School.
    [Show full text]
  • The Depths of Dishonour: Hidden Voices and Shameful Crimes
    The depths of dishonour: Hidden voices and shameful crimes An inspection of the police response to honour-based violence, forced marriage and female genital mutilation December 2015 © HMIC 2015 ISBN: 978-1-911194-64-4 www.justiceinspectorates.gov.uk/hmic Contents Foreword ................................................................................................................... 5 Summary ................................................................................................................... 8 Recommendations ................................................................................................. 17 1. Introduction ........................................................................................................ 20 Background .......................................................................................................... 20 About this inspection ............................................................................................. 22 About this report ................................................................................................... 26 2. The nature of honour-based violence (HBV), forced marriage (FM) and female genital mutilation (FGM) ............................................................................ 28 Honour-based violence ......................................................................................... 28 Forced marriage ................................................................................................... 30 Female genital mutilation
    [Show full text]
  • Daily Express
    Form: PGR_Submission_200701 NOTICE OF SUBMISSION OF THESIS FORM: POSTGRADUATE RESEARCH Ca r d if f UNIVERSITY PRIFYSGOL CAERDVg) APPENDIX 1: Specimen layout for Thesis Summary and Declaration/Statements page to be included in a Thesis DECLARATION This work has not previously been accepted in substance for any degree and is not concurrently submitted in capdidatyrefor any degree. S i g n e d ................. (candidate) Date . i.L.. 'IP .Q . STATEMENT 1 This Thesis is being submitted in partial fulfillment of the requirements for the degree of Y .l \.D ..................(insert MCh, MD, MPhil, PhD etc, as appropriate) Signed (candidate) Date .. STATEMENT 2 This thesis is the result of my own independent work/investigation, except where otherwise stated. Other sources are acknowledged by explicit references. Sig (candidate) Date STATEMENT 3 I hereby give consent for my thesis, if accepted, to be available for photocopying and for inter- library loan, apd for thefitle and summary to be made available to outside organisations. Signe4x^^~^^^^pS^^ ....................(candidate) Date . STATEMENT 4: PREVIOUSLY APPROVED BAR ON ACCESS I hereby give consent for my thesis, if accepted, to be available for photocopying and for inter- library loans after expiry of a bar on access previously approved by the Graduate Developme^Committee. (candidate) Date 3ml-....7.00.1 EXPRESSIONS OF BLAME: NARRATIVES OF BATTERED WOMEN WHO KILL IN THE TWENTIETH CENTURY DAILY EXPRESS i UMI Number: U584367 All rights reserved INFORMATION TO ALL USERS The quality of this reproduction is dependent upon the quality of the copy submitted. In the unlikely event that the author did not send a complete manuscript and there are missing pages, these will be noted.
    [Show full text]