Homicide law reform and gender: Configuring violence

Abstract

This article charts aspects of the engagement by formal law reform agencies with feminist ideas in the context of homicide law reform. This requires, of course, a concentration on violence against women. The article uses law reform work on the provocation defence to map the ways in which violence against women was an apparent driver of reform. It has Victorian law reform as its focus, and concentrates on the various manifestations of independent law reform agencies in Victoria -the Victorian Law Reform Commission (VLRC), and its two predecessor agencies, the Law Reform Commission of Victoria (LRCV) and the Law Reform Commissioner. The article explores the thesis that when law reform, at least homicide law reform, is driven by the social context in which the legal phenomenon of interest occurs, one is more likely to get progressive legal change than where reform is driven by legal categories. However, that social context had itself to be configured and the paper briefly traces the identification of 'domestic violence' as a social phenomenon.

Beyond Women’s Voices: Towards a Victim-Survivor-Centred Theory of Listening in Law Reform on Violence Against Women

“…Moreover, little is known about the process surrounding 'consultation'-commonly used language in law reform processes on violence against women-and the outcomes associated with recommendations and subsequent policy development and law reform proposals. Research into law reform focuses on participation rather than listening in decision-making processes (Nheu and McDonald 2010); the use made of empirical research and the quality of empirical research undertaken (Brereton 1994;Hanley et al 2016); how feminists negotiate law reform processes (Scutt 1985;Featherstone 2017); and evaluating the effectiveness of law reform (Douglas 2012;Fitzgibbon and Stubbs 2012;Morgan 2012;Mason 2021). It is vital to investigate the listening interface between women's voices, law reform processes and recommendations, and parliamentary and public policy responses, to improve the quality and effect of law reform and policy addressing violence against women.…”

Divergent directions in reforming legal responses to lethal violence

“…1976. The significance of the Roberts case is discussed further in Morgan's (2012) article within this special issue. 5.…”