The Mythology of Modern Law

Author: Peter Fitzpatrick
Publisher: Routledge
ISBN: 9781134890514
Release Date: 2002-09-11
Genre: Social Science

The Mythology of Modern Law is a radical reappraisal of the role of myth in modern society. Peter Fitzpatrick uses the example of law, as an integral category of modern social thought, to challenge the claims of modernity which deny the relevance of myth to modern society.

Feminism and the Power of Law

Author: Carol Smart
Publisher: Routledge
ISBN: 9781134972838
Release Date: 2002-01-08
Genre: Social Science

In this now established text the author presents her analysis of the power of law and argues for a feminist post-structuralist approach. She comments on pornography, as well as discussing recent research on rape trials and abortion legislation.

Interrogating Incest

Author: Vikki Bell
Publisher: Routledge
ISBN: 9781134896523
Release Date: 2002-09-11
Genre: Social Science

Winner of British Sociological Association Philip Abrams Memorial Prize 1993 Within feminism incest has often been subsumed under a discussion of sexual violence and abuse. Yet, important as this is, there has been little account of how feminist work itself relates to other ways of talking about and understanding incest. In Interrogating Incest Vikki Bell focuses on the issue of incest and its place in sociological theory, feminist theory and criminal law. By examining incest from a critical Foucauldian framework she considers how feminist discourse on incest itself fits into existing ways of talking about sex. Closely surveying the historical background to incest legislation and the theoretical issues involve, Vikki Bell delineates their practical implications and shows what uncomfortable questions and important dilemmas are raised by the criminalisation of incest.

Limited Responsibilities

Author: Tamar Pitch
Publisher: Routledge
ISBN: 9781134883516
Release Date: 2005-08-02
Genre: Medical

Limited Responsibilities explores the interaction between the criminal justice system and the wider concerns of political and social institutions, including the welfare state, social work and forensic psychiatry. Using the key concept of `responsibility', Tamar Pitch critiques the classical theories of Anglo-American and Italian criminologies, examining the allocation of responsibilities to individuals and society. Looking at the shifting political relationship between criminal justice and the welfare system, Pitch considers the problems which arise in our understandings of responsibility, particularly in relation to the young and the mentally disabled. She also documents the centrality of responsiblity as an issue in women's struggles for legislation on sexual violence, as a paradigm of the politicisation of notions of crime, victimization and criminal responsibility. Limited Responsiblities will be of interest to lecturers, students and professionals in criminology, social policy and women's studies.

Offending Women

Author: Anne Worrall
Publisher: Routledge
ISBN: 9781134958207
Release Date: 2002-09-11
Genre: Medical

A useful theoretical analysis of the discourse surrounding women's deviancy. Based on hundreds of interviews with magistrates, solicitors, psychiatrists, probabtion officers, and particularly female lawbreakers themselves this book is key for those studying criminology and women's studies as well as for practitioners.

From Madness to Mutiny

Author: Amy Neustein
Publisher: UPNE
ISBN: 1584654627
Release Date: 2005
Genre: Social Science

A powerful expose of the family court system's prejudice against mothers trying to protect their sexually abused children.

The Gender Line

Author: Nancy Levit
Publisher: NYU Press
ISBN: 9780814751220
Release Date: 2000-03-01
Genre: Law

Despite tremendous advances in civil rights, we live in a world where the sexes remain sharply segregated from birth to death: in names, clothing, social groupings, and possessions; in occupations, civic association, and domestic roles. Gender separatism, so pervasive as to be almost invisible, permeates the fabric of our daily social routines. Preferring a notion of gender that is fluid and contextual, and denying that separatism is inevitable, Nancy Levit dismantles the myths of gender essentialism Drawing on a wealth of interdisciplinary data regarding the biological and cultural origins of sex differences, Levit provides a fresh perspective on gendered behaviors and argues the need for careful cultivation of new relations between the sexes. With its focus particularly on men, The Gender Line offers an insightful overview of the construction of gender and the damaging effects of its stereotypes. Levit analyzes the ways in which law legitimizes the social segregation of the sexes through legal decisions regarding custody, employment, education, sexual harassment, and criminal law. In so doing, she illustrates the ways in which men's and women's oppressions are intertwined and how law molds the very definition of masculinity. Applying feminist methodology to the doctrine of feminism itself, Levit artfully demonstrates that gender separatism infects even our contemporary views of feminism. Levit asks questions that have been too long been unspoken--those that lie at the core of the feminist project, yet threaten its very foundations. Revealing masculinity as both a privileged and a victimized condition, she calls for a step forward, past the bounds of contemporary feminism and its conflicts, toward a more egalitarian and inclusive feminism. This brand of feminism would reshape traditional masculinity, invite men into feminist dialogue, and claim men as political allies.

Children in Custody

Author: Mary McAuley
Publisher: A&C Black
ISBN: 9781849660181
Release Date: 2009-11-03
Genre: Social Science

Despite their very different histories, societies, political and legal systems, Russia and the UK stand out as favouring a punitive approach to young law breakers, imprisoning many more children than any other European countries. The book is based on the author's primary research in Russia in which she visited a dozen closed institutions from St Petersburg to Krasnoyarsk and on similar research in England and Northern Ireland. The result is a unique study of how attitudes to youth crime and criminal justice, the political environment and the relationship between state and society have interacted to influence the treatment of young offenders. McAuley's account of the twists and turns in policy towards youth illuminate the extraordinary history of Russia in the twentieth century and the making of social policy in Russia today. It is also the first study to compare the UK (excluding Scotland because of its separate juvenile justice system) with Russia, a comparison which highlights the factors responsible for the making of 'punitive' policy in the two societies. McAuley places the Russian and UK policies in a European context, aiming to reveal how other European countries manage to put so many fewer children behind bars.

Women Crime and Criminology

Author: Carol Smart
Publisher: Routledge
ISBN: 0203079671
Release Date: 2013-10-14
Genre: Social Science

First published in 1977, Women, Crime and Criminology presents a feminist critique of classical and contemporary theories of female criminality. It addresses the issue that criminology literature has, throughout history, been predominantly male-oriented, always treating female criminality as marginal to the 'proper' study of crime in society. Carol Smart explores a new direction in criminology, and the sociology of deviance, by investigating female crime from a committed feminist position. Examining the types of offences committed by female offenders, Smart points to the fallacies inherent in a reliance on official statistics and shows the deficiencies of the popular argument that female emancipation has caused an increase in female crime rates. She deals with studies of prostitution and rape and considers the treatment of women - as offenders and victims - by the criminal law, the police and courts, and the penal system. Particular attention is given to the question of lenient treatment for female offenders with the conclusion that women and girls are, in some important instances, actually discriminated against in our legal and penal systems. The relationship between female criminality and mental illness is discussed and the author concludes by dealing with some of the problems inherent in developing a feminist criminology.

Homicide Gender and Responsibility

Author: Kate Fitz-Gibbon
Publisher: Routledge
ISBN: 9781317550617
Release Date: 2016-03-22
Genre: Law

The crime of homicide has long animated academic debate, community concern and political attention. The discussion has often centered on the perceived (in)adequacy of legal responses to homicide, questions of culpability, and divergent representations of victims and offenders. Within this, notions of gender, responsibility and justice are pivotal. This edited collection builds on existing scholarship by examining these concerns not only in the context of the ‘private’ world of domestic murder but also in the more ‘public’ world of the state, the corporation, war, and genocide. In so doing this book draws from key frameworks of criminological thought, legal analysis and empirical evidence to critically examine the relationship between homicide, gender and responsibility. Bringing together leading international criminology and legal scholars, this collection provides a unique contribution to the academic and policy engagement with what is, more often than not, an ordinary and mundane crime. Analysing the crime in a variety of different social contexts alongside an in-depth and critical analysis of the interconnections between the ordinary act of lethal violence, gender and notions of responsibility, this book will be of interest to students, scholars and policymakers working in criminology and socio-legal studies.

Handbook of Forensic Sociology and Psychology

Author: Stephen J. Morewitz
Publisher: Springer Science & Business Media
ISBN: 9781461471783
Release Date: 2013-08-15
Genre: Psychology

The role of behavioral and social sciences in the courtroom setting has expanded exponentially in the past few decades. It is now widely recognized that scientists in these areas provide critical contextual information for legal decision making, and that there is a reliable knowledge base for doing so. While there are many handbooks of forensic psychology, this is the first such volume to incorporate sociological findings, broadening the conceptual basis for examining cases in both the civil and criminal realms, including immigration issues, personal injury, child custody, and sexual harassment. This volume will examine the responsibilities of expert witnesses and consultants, and how they may utilize principles, theories and methods from both sociology and psychology. It will show these disciplines together can improve the identification and apprehension of criminals, as well as enhance the administration of justice by clarifying profiles of criminal behavior, particularly in cases of serial killers, death threat makers, stalkers, and kidnappers. The volume is quite comprehensive, covering a range of medical, school, environmental and business settings. Throughout it links basic ideas to real applications and their impact on the justice system.

Reconstructing the Household

Author: Peter W. Bardaglio
Publisher: Univ of North Carolina Press
ISBN: 9780807860212
Release Date: 2000-11-09
Genre: History

In Reconstructing the Household, Peter Bardaglio examines the connections between race, gender, sexuality, and the law in the nineteenth-century South. He focuses on miscegenation, rape, incest, child custody, and adoption laws to show how southerners struggled with the conflicts and stresses that surfaced within their own households and in the larger society during the Civil War era. Based on literary as well as legal sources, Bardaglio's analysis reveals how legal contests involving African Americans, women, children, and the poor led to a rethinking of families, sexuality, and the social order. Before the Civil War, a distinctive variation of republicanism, based primarily on hierarchy and dependence, characterized southern domestic relations. This organic ideal of the household and its power structure differed significantly from domestic law in the North, which tended to emphasize individual rights and contractual obligations. The defeat of the Confederacy, emancipation, and economic change transformed family law and the governance of sexuality in the South and allowed an unprecedented intrusion of the state into private life. But Bardaglio argues that despite these profound social changes, a preoccupation with traditional notions of gender and race continued to shape southern legal attitudes.

Mothers on Trial

Author: Phyllis Chesler
Publisher: Chicago Review Press
ISBN: 9781569769096
Release Date: 2011-07-01
Genre: Family & Relationships

Updated and revised with seven new chapters, a new introduction, and a new resources section, this landmark book is invaluable for women facing a custody battle. It was the first to break the myth that mothers receive preferential treatment over fathers in custody disputes. Although mothers generally retain custody when fathers choose not to fight for it, fathers who seek custody often win--not because the mother is unfit or the father has been the primary caregiver but because, as Phyllis Chesler argues, women are held to a much higher standard of parenting. Incorporating findings from years of research, hundreds of interviews, and international surveys about child-custody arrangements, Chesler argues for new guidelines to resolve custody disputes and to prevent the continued oppression of mothers in custody situations. This book provides a philosophical and psychological perspective as well as practical advice from one of the country's leading matrimonial lawyers. Both an indictment of a discriminatory system and a call to action over motherhood under siege, "Mothers on Trial" is essential reading for anyone concerned either personally or professionally with custody rights and the well-being of the children involved.