Battered Women And Feminist Lawmaking

Women’s rights advocates in the United States have long argued that violence against women denies women equality and citizenship, but it took a movement of feminist activists and lawyers, beginning in the late 1960s, to set about realizing this vision and transforming domestic violence from a private problem into a public harm. This important book examines the pathbreaking legal process that has brought the pervasiveness and severity of domestic violence to public attention and has led the United States Congress, the Supreme Court, and the United Nations to address the problem. Elizabeth Schneider has played a pioneering role in this process. From an insider’s perspective she explores how claims of rights for battered women have emerged from feminist activism, and she assesses the possibilities and limitations of feminist legal advocacy to improve battered women’s lives and transform law and culture. The book chronicles the struggle to incorporate feminist arguments into law, particularly in cases of battered women who kill their assailants and battered women who are mothers. With a broad perspective on feminist lawmaking as a vehicle of social change, Schneider examines subjects as wide-ranging as criminal prosecution of batterers, the civil rights remedy of the Violence Against Women Act of 1994, the O. J. Simpson trials, and a class on battered women and the law that she taught at Harvard Law School. Feminist lawmaking on woman abuse, Schneider argues, should reaffirm the historic vision of violence and gender equality that originally animated activist and legal work.

This monograph analyzes the decision by the Supreme Court of Canada in Lavallee [R. v. Lavallee (1990)] to recognize the Battered Woman Syndrome as relevant in cases involving women defendants who kill their abusive partners. The author suggests that, while there is much in the decision which would lead feminists to consider 'Lavalee' to be a benefit, the decision also legitimates the power of the 'psy' professions to interpret an abused woman's experiences. Accordingly, the Battered Woman Syndrome is criticized as offering an account which individualizes, medicalizes and depoliticizes the abuse. The discussion concludes with a consideration of the implications of the recognition for feminists.

Activists and politicians have long recognized the power of a good story to move people to action. In early 1960 four black college students sat down at a whites-only lunch counter in Greensboro, North Carolina, and refused to leave. Within a month sit-ins spread to thirty cities in seven states. Student participants told stories of impulsive, spontaneous action—this despite all the planning that had gone into the sit-ins. “It was like a fever,” they said. Francesca Polletta’s It Was Like a Fever sets out to account for the power of storytelling in mobilizing political and social movements. Drawing on cases ranging from sixteenth-century tax revolts to contemporary debates about the future of the World Trade Center site, Polletta argues that stories are politically effective not when they have clear moral messages, but when they have complex, often ambiguous ones. The openness of stories to interpretation has allowed disadvantaged groups, in particular, to gain a hearing for new needs and to forge surprising political alliances. But popular beliefs in America about storytelling as a genre have also hurt those challenging the status quo. A rich analysis of storytelling in courtrooms, newsrooms, public forums, and the United States Congress, It Was Like a Fever offers provocative new insights into the dynamics of culture and contention.

Exploring the relationship between gender and law in Europe from the nineteenth century to present, this collection examines the recent feminisation of justice, its historical beginnings and the impact of gendered constructions on jurisprudence. It looks at what influenced the breakthrough of women in the judicial world and what gender factors determine the position of women at the various levels of the legal system. Every chapter in this book addresses these issues either from the point of view of women's legal history, or from that of gendered legal cultures. With contributions from scholars with expertise in the major regions of Europe, this book demonstrates a commitment to a methodological framework that is sensitive to the intersection of gender theory, legal studies and public policy, and that is based on historical methodologies. As such the collection offers a valuable contribution both to women's history research, and the wider development of European legal history.

Women and the U.S. Constitution is about much more than the nineteenth amendment. This provocative volume incorporates law, history, political theory, and philosophy to analyze the U.S. Constitution as a whole in relation to the rights and fate of women. Divided into three parts—History, Interpretation, and Practice—this book views the Constitution as a living document, struggling to free itself from the weight of a two-hundred-year-old past and capable of evolving to include women and their concerns. Feminism lacks both a constitutional theory as well as a clearly defined theory of political legitimacy within the framework of democracy. The scholars included here take significant and crucial steps toward these theories. In addition to constitutional issues such as federalism, gender discrimination, basic rights, privacy, and abortion, Women and the U.S. Constitution explores other issues of central concern to contemporary women—areas that, strictly speaking, are not yet considered a part of constitutional law. Women's traditional labor and its unique character, and women and the welfare state, are two examples of topics treated here from the perspective of their potentially transformative role in the future development of constitutional law.

Nobody Passes is a collection of essays that confronts and challenges the very notion of belonging. By examining the perilous intersections of identity, categorization, and community, contributors challenge societal mores and countercultural norms. Nobody Passes explores and critiques the various systems of power seen (or not seen) in the act of “passing.” In a pass-fail situation, standards for acceptance may vary, but somebody always gets trampled on. This anthology seeks to eliminate the pressure to pass and thereby unearth the delicious and devastating opportunities for transformation that might create. Mattilda, aka Matt Bernstein Sycamore, has a history of editing anthologies based on brazen nonconformity and gender defiance. Mattilda sets out to ask the question, “What lies are people forced to tell in order to gain acceptance as 'real'.” The answers are as varied as the life experiences of the writers who tackle this urgent and essential topic.

In the landmark Lavallee decision of 1990, the Supreme Court of Canada ruled that evidence of "battered woman syndrome" was admissible in establishing self-defence for women accused of killing their abusive partners. This book looks at the trials of eleven battered women, ten of whom killed their partners, in the fifteen years since Lavallee. Drawing extensively on trial transcripts and a rich expanse of interdisciplinary sources, the author looks at the evidence produced at trial and at how self-defence was argued. By illuminating these cases, this book uncovers the practical and legal dilemmas faced by battered women on trial for murder.

There are many controversial aspects of our criminal justice system, and this encyclopedia examines the most significant controversies throughout American history with emphasis on current debates, trends, and issues. Arranged alphabetically, approximately 100 entries cover background, explanations, notable cases and events, various sides of an issue, and what to expect in the future. Entries are objective and factual, allowing readers to formulate their own conclusions. Sidebars and case examples help to illustrate each entry, and sources for further reading point readers to other important materials. Given the prevalance of controversial criminal justice topics in the news, this timely reference is an important resource for anyone interested in crime and justice. Entries include: Boot Camps, Corporal Punishment, DNA Evidence, Domestic Violence, Expert Testimony, Eye Witness Identifications, Gun Control, Homeland Security, International Criminal Court, Legalization of Marijuana, Mental Health and Insanity, Police Brutality, Prison Violence, Racial Profiling, School Violence, Sex Offender Laws, Stalking Laws, Supermax Prisons, Three Strikes, Treating Juveniles as Adults, War on Drugs, and more.