Contesting Femicide

Focusing on femicide, this book provides a contemporary re-evaluation of Carol Smart’s innovative approach to the law question as first outlined in her ground-breaking book, Feminism and the Power of Law (Routledge 1989). Smart advocated turning to the legal domain not so much for demanding law reforms as construing it as a site on which to contest gender and more particularly, gendered constructions of women’s experiences. Over the last 30 to 40 years, feminist law scholars and activists have launched scathing trans-jurisdictional critiques of the operation of provocation defences in hundreds of femicide cases. The evidence unearthed by feminist scholars that these defences operate in profoundly sexed ways is unequivocal. Accordingly, femicide cases have become critically important sites for feminist engagement and intervention across numerous jurisdictions. Exploring an area of criminal law that was not one of Smart’s own focal concerns, this book both honours and extends Smart’s work by approaching femicide as a site of engagement and counter-discourse that calls into question hegemonic representations of gendered relationships. Femicide cases thus provide a way to continue the endlessly valuable discursive work Smart advocated and practised in other fields of law: both in articulating alternative accounts of gendered relationships and in challenging law’s power to disqualify women’s experiences of violence while privileging men’s feelings and rights.

This is an open access title available under the terms of a CC BY-NC-ND 4.0 License. It is free to read, download and share on Elgaronline.com. This thought-provoking book conceptualizes femicide as a multifaceted human rights violation and proposes state responsibility for group-related risks of violence against women and girls. In doing so, it reassesses the concept of femicide, analysing it in view of the crime of genocide, crimes against humanity, war crimes, as well as several facets of human rights.

This volume explores in depth femicide and feminicide, bringing together our current knowledge on this phenomenon and its prevention. No country is free from femicide/feminicide, which represents the tip of the iceberg in male violence against women and girls. Therefore, it is crucial and timely to better understand how states and their citizens are experiencing and responding to femicide/feminicide globally. Through the work of internationally recognised feminist and grassroots activists, researchers, and academics from around the world, this handbook offers the first in-depth, global examination of the growing social movement to address femicide and feminicide. It includes the current state of knowledge and the prevalence of femicide/feminicide and its characteristics across countries and world regions, as well as the social and legal responses to these killings. The contributions contained here look at the accomplishments of the past four decades, ongoing challenges, and current and future priorities to identify where we need to go from here to prevent femicide/feminicide specifically and male violence against women and girls overall. This transnational, multidisciplinary, cross-sectoral handbook will contribute to research, policy, and practice globally at a time when it is needed the most. It brings a visible, global focus to the growing concern about femicide/feminicide, underscoring the importance of adopting a human rights framework in working towards its prevention, in an increasingly unstable global world for women and girls.

The field of Domestic Violence research has expanded considerably in the past decade and now includes work conducted by researchers in many different disciplines, notably political science, public health, law, psychology, sociology, criminology, anthropology, family studies, and medicine. The SAGE Handbook of Domestic Violence provides a rich overview of the most important theoretical and empirical work in the field, organized by relationship type. The handbook addresses three major areas of research on domestic violence: - Violence against partners - Violence against children - Violence against other family members. This Handbook is a unique and timely publication and a long awaited, valuable resource for the vast amount of Domestic Violence research centres and individual researchers across the globe.

This book questions gendered readings of violence by analyzing how this paradigm has become normalized in Italy since the feminist term ‘femminicidio’, or ‘femicide’, entered the mainstream media during the 2013 general election. It also sheds light on discourses of contestation on the part of family activists, men’s rights campaigners and divorced fathers’ groups. Two counter-discourses emerge. The first is what the author terms an ‘ideology narrative’, for which discourses built around the conceptual category of ‘gender’ normalize simplistic representations of relationships between men and women. The second is a ‘female violence discourse’, which sheds light on under-represented aggressor-victim relations and modifies dominant representations of femininity and masculinity. The author argues that integrating these two discourses into public debates helps to reappropriate the complexity and biological dimensions of (violent) relationships between men and women, often overshadowed by gender/feminist perspectives. In this way, she concludes, we can address neglected social issues that contribute to violence beyond gender. This thought-provoking book will appeal to students and scholars of sociology, critical discourse studies and gender.

From the denial of abortion rights in Northern Ireland to sexual violence in South Asian communities, this book offers a counter narrative to the criminal justice system’s failures towards women, mapping a feminist criminology for the 21st century.

Gender, Homicide, and the Politics of Responsibility explores the competing and contradictory understandings of violence against women and men’s responsibility. It situates these within the personal and political intersections of neoliberal and ‘postfeminist’ imperatives of individualisation, choice, and empowerment. As violence against women has become a national and international policy priority, feminist concerns about violence against women, and men’s responsibility, have entered the mainstream only to be articulated in politically contradictory ways. This book explores themes of responsibility for violence, and the social and legal consequences that men and women uniquely or differently encounter. By drawing on high-profile cases of homicide, an extensive literature on feminist perspectives on violence, and compelling focus group discussions, the book examines the politicised claims regarding the ‘responsibility’ of men and women as both victims and offenders in intimate relationships. Deploying a range of interdisciplinary approaches, it utilises a blend of cultural theory and psychosocial analysis to offer an account of the infiltration of postfeminist and neoliberal sensibilities of individualism and responsibilisation in the social, legal, and interpersonal imaginary. The book makes contributions to several fields, such as the current public policy initiatives to hold men accountable for violence against women; understanding public attitudes to violence against women; and contextualising the challenges faced by a number of feminist reforms that seek to address these issues. An accessible and compelling read, Gender, Homicide, and the Politics of Responsibility will appeal to students and scholars of criminology, sociology, gender studies and those interested in understanding the debates surrounding violence against women, violence by women, and the social construction of responsibility and responsibilisation.

Spectacles and Specters draws on theories of performativity to conceptualize the entanglements of law and political violence, offering a radical departure from accounts that consider political trials as instrumental in exercising or containing political violence. Legal scholar Başak Ertür argues instead that making sense of the often incalculable interpenetrations of law, politics, and violence in trials requires shifting the focus away from law’s instrumentality to its performativity. Ertür develops a theory of political trials by reconstructing and building on a legacy of critical thought on Nuremberg in close engagement with theories of performativity. She then offers original case studies that introduce a new perspective by looking beyond the Holocaust trials, to the Armenian genocide and its fragmentary legal aftermaths. These cases include the 1921 trial of Soghomon Tehlirian, the 2007-21 Hrant Dink Murder Trial, and the 2015 case before the European Court of Human Rights concerning the denial of the Armenian genocide. Enabling us to capture the various modalities in which the political emerges in, through and in relation to legal forms on the stage of the trial, this focus on law’s performativity also allows us to account for how sovereign schemes can misfire and how trials can come to have unintended political lives and afterlives. Further, it reveals how law is entangled with and perpetuates certain histories of violence, rather than simply ever mastering these histories or providing closure.