Criminal Law and the Man Problem

Naffine, Ngaire

doi:10.5040/9781509918041

Cited by 30 publications

(11 citation statements)

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“…Feminist legal theory has long addressed the limitations of law in protecting and rederessing women (Facio, 1996;MacKinnon, 1987;Smart, 1989). Criminal justice in particular has been regarded as a mechanism that revolves around men and is created for men, by men (Naffine, 2019). It has also been affirmed that penal systems selectively prosecute (Carlton and Russell, 2018;Kapur, 2018;Sudbury, 2005a) and, as argued in this paper, they selectively protect.…”

Section: Introductionmentioning

confidence: 84%

Beyond Carceral Expansion: Survivors’ Experiences of Using Specialised Courts for Violence Against Women in Ecuador

Tapia

2020

Social & Legal Studies

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This article presents empirical findings addressing the gap between specialised criminal laws on violence against women (VAW) in Ecuador and women’s actual needs and expectations when approaching the country’s specialised penal courts. Given its comprehensive legal system, Ecuador scores highly in protecting women from violence in international rankings. However, based on quantitative data, qualitative case file analysis, and in-depth interviews with survivors, judges, case-workers and judicial employees, this study reveals that, in Ecuador, most lawsuits are dropped without ever reaching a resolution. Because most survivors pursue protection from ongoing violence rather than a conviction, and because advancing a lawsuit can be a source of various forms of stress and fear, survivors usually withdraw from the trial once they are granted a protection order. Nevertheless, this order is lost when complainants fail to appear in court. In addition, police intervention is inadequate and seldom contributes to the effective protection of women. The paper thus augments debates on ‘carceral feminism’, showing that VAW laws are not necessarily bolstering the carceral apparatus on the ground. However, law does mask the state’s disregard toward women’s lived experiences and their lack of access to services that could ensure their protection and safety.

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Section: Introductionmentioning

confidence: 84%

Beyond Carceral Expansion: Survivors’ Experiences of Using Specialised Courts for Violence Against Women in Ecuador

Tapia

2020

Social & Legal Studies

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“…When sex is interlinked with a romantic love relationship, it is less stressful and less consequential for crime (McCarthy & Casey, 2008). Naffine (2019) shows how "erotic love" as a concept in Western societies is reflected in the English common law and has been reflected in the English and Australian rape law. Here, love between a heterosexual couple is defined by gender roles which are reflected in the law, mirroring the importance of man's autonomy and potency and women's entanglement in love and commitment (Naffine, 2019).…”

Section: Love Relationship and Crime In Gendered And Cultural Contextsmentioning

confidence: 99%

“…Naffine (2019) shows how "erotic love" as a concept in Western societies is reflected in the English common law and has been reflected in the English and Australian rape law. Here, love between a heterosexual couple is defined by gender roles which are reflected in the law, mirroring the importance of man's autonomy and potency and women's entanglement in love and commitment (Naffine, 2019). This shows that not only concepts of crime and love are gendered, but also the reactions of the law towards crime in the context of love.…”

Section: Love Relationship and Crime In Gendered And Cultural Contextsmentioning

confidence: 99%

“…In the musical, these female offenders who have been arrested for their criminal acts, are fighting to escape their sentence and the prison by showing their innocence or creating a situation which will absolve them of the crime. Crime in the context of love-also termed "crime d'amour" (Courneau, 2010)and the interrelationship of these two concepts has been researched scientifically from different cultural and disciplinary perspectives, with varying aims, methodologies and theories (see Gardell, 2015;Levy & Levy, 2017;McCarthy & Casey, 2008;Naffine, 2019;Rayburn & Wright, 2018;Walsh & Beyer, 1987). Varese (2017) emphasised that love is an important aspect of organised crime structures, and that love relationships often contribute to crime in mafia organisations, besides being recognised in hate and love crime contexts (Balboni & McDevitt, 2001;Fairfax, 2002;Levy & Levy, 2017) or relationship crime (Jones, 2008;Walsh & Beyer, 1987).…”

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confidence: 99%

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“A Silver Duck in the Dish Washing Water” or Love and Crime in the Context of Positive Victimology

Mayer

2021

International Handbook of Love

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“…For the most part, critical legal theory has sought to expose the rational, reasonable, responsible criminal subject as one that invariably espouses male, heterosexual, middle-class, liberal sensibilities that, when universalised, produces a law that excludes and marginalises interests and experiences that do not align with this prototype (Norrie 2014;Byrne 2003;Carvalho 2017, p. 23-50;Naffine 2019;Ahmed 1995;Chandra-Shekeran 1997). In the most serious cases, the rational, reasonable, responsible subject has served as a benchmark for confirming the inhumanity of others, leading to their wholesale expulsion from the political community and their maltreatment under the law (Razack 2008).…”

Section: Critical Approaches To the Disembodied Criminal Subjectmentioning

confidence: 99%

Bionic Bodies, Posthuman Violence and the Disembodied Criminal Subject

Gilani

2020

Law Critique

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This article examines how the so-called disembodied criminal subject is given structure and form through the law of homicide and assault. By analysing how the body is materialised through the criminal law’s enactment of death and injury, this article suggests that the biological positioning of these harms of violence as uncontroversial, natural, and universal conditions of being ‘human’ cannot fully appreciate what makes violence wrongful for us, as embodied entities. Absent a theory of the body, and a consideration of corporeality, the criminal law risks marginalising, or altogether eliding, experiences of violence that do not align with its paradigmatic vision of what bodies can and must do when suffering its effects. Here I consider how the bionic body disrupts the criminal law’s understanding of human violence by being a body that is both organic and inorganic, and capable of experiencing and performing violence in unexpected ways. I propose that a criminal law that is more receptive to the changing, technologically mediated conditions of human existence would be one that takes the corporeal dimensions of violence more seriously and, as an extension of this, adopts an embodied, embedded, and relational understanding of human vulnerability to violence.

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Criminal Law and the Man Problem

Cited by 30 publications

References 0 publications

Beyond Carceral Expansion: Survivors’ Experiences of Using Specialised Courts for Violence Against Women in Ecuador

Beyond Carceral Expansion: Survivors’ Experiences of Using Specialised Courts for Violence Against Women in Ecuador

“A Silver Duck in the Dish Washing Water” or Love and Crime in the Context of Positive Victimology

Bionic Bodies, Posthuman Violence and the Disembodied Criminal Subject

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