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Dealing with the complex case law concerning the use of the provocation defence in cases of intimate killings, Sex, Culpability and the Defence of Provocation considers the construction and representation of subjectivity and sexual difference in legal narrations of homicide.
This edited collection addresses a substantial gap in the existing literature on filicide by presenting the latest research from empirical investigations around the world. Despite its low occurrence, little is known about the incidences, causes and circumstances of filicide nationally and globally, and this international volume address the challenges associated with explaining and understanding filicide. Additionally, the authors also outline the role of professionals in assessing risk, and the importance of support for, and advocacy of, families of victims in the aftermath of these tragic events. Exploring a truly diverse range of countries, from various English speaking countries, to Chile, and Japan, this book presents an authoritative look at research on filicide, and crucially, examines the programs currently being developed for both intervention and prevention. An important and well-researched collection, this book will be of particular interest for scholars of do mestic violence and filicide, as well as professionals such as social workers.
Conceptualizing the curse as the representation of a foundational, mythical violence that is embedded within juridical discourse, Shakespeare’s Curse pursues a reading of Richard III, King John, and King Lear in order to analyse the persistence of imprecations in the discourses of modernity. Shakespeare wrote during a period that was transformative in the development of juridical thinking. However, taking up the relationship between theatre, theology and law, Bjoern Quiring argues that the curse was not eliminated from legal discourses during this modernization of jurisprudence; rather, it persisted and to this day continues to haunt numerous speech acts. Drawing on the work of Derrida, La...
Law punishes violence, yet law depends on violence. In this book, a group of leading interdisciplinary legal scholars seeks to map the inexorable but unstable relationship of law to violence. What does it mean to talk about the violence of law? Do high incarceration rates and increased reliance on capital punishment indicate that U.S. law is growing more violent at a time when violence is being restrained in other legal systems? How is the violence of law represented in popular culture and does this affect law's actual legitimacy? Does violence express or distort the essence of law? Does law's violence serve justice? In deeply original essays, the authors build on the seminal work of Robert ...
This book pursues a strand in the history of thought – ranging from codified statutes to looser social expectations – that uses particulars, more specifically examples, to produce norms. Much intellectual history takes ancient Greece as a point of departure. But the practice of exemplarity is historically rooted firmly in ancient Roman rhetoric, oratory, literature, and law – genres that also secured its transmission. Their pragmatic approach results in a conceptualization of politics, social organization, philosophy, and law that is derived from the concrete. It is commonly supposed that, with the shift from pre-modern to modern ways of thinking – as modern knowledge came to privilege abstraction over exempla, the general over the particular – exemplarity lost its way. This book reveals the limits of this understanding. Tracing the role of exemplarity from Rome through to its influence on the fields of literature, politics, philosophy, psychoanalysis and law, it shows how Roman exemplarity has subsisted, not only as a figure of thought, but also as an alternative way to organize and to transmit knowledge.
This book critically examines the operation of the partial defence of provocation in a range of comparative international jurisdictions. Centrally concerned with conceptual questions of gender, justice and the role of denial in the criminal justice system, Fitz-Gibbon explores the divergent approaches taken to reforming the law of provocation.
Women at the Border analyzes border policing practices currently informed by paradigms of securitization against unauthorized mobility and explores the potential for a paradigm shift to a more ethical regulation of borders. By focusing on the ways women have sought to cross borders in ‘extra’-legal fashion, the book shows how border enforcement differentially impacts on some populations and makes the case that unauthorized migration requires management rather than repulsion and criminalization. When facing the emerging and future challenges of unauthorized mobility, border policing must be recast as a function of human rights that results in greater human security at the border. Examining gender and border policing across Europe, North America and Australia, this book enhances our understanding of the gendered determinants of ‘extra’-legal border crossing, border policing and the changing dynamics of unauthorized mobility.
This book considers whether coercive control (particularly non-physical forms of family violence) should be prohibited by the criminal law. Based on the premise that traditional understandings of family violence are severely limited, it considers whether the core of family violence is power-based controlling or coercive behavior: attempts by men to psychologically dominate their partners. Such behavior can cause significant psychological, physical and economic harms to victims and is increasingly recognized as a form of human rights abuse. The book considers the new offences that have been introduced in England and Wales (controlling or coercive behavior), Ireland (controlling behavior) and ...
For architecture and urban space to have relevance in the 21st Century, we cannot merely reignite the approaches of thought and design that were operative in the last century. This is despite, or because of, the nexus between politics and space often being theorized as a representation or by-product of politics. As a symbol or an effect, the spatial dimension is depoliticized. Consequently, architecture and the urban are halted from fostering any systematic change as they are secondary to the event and therefore incapable of performing any political role. This handbook explores how architecture and urban space can unsettle the unquestioned construct of the spatial politics of governing. Cons...
This book explores the dramatic evolution of a feminist movement that mobilised to challenge a women’s prison system in crisis. Through in-depth historical research conducted in the Australian state of Victoria that spans the 1980s and 1990s, the authors uncover how incarcerated women have worked productively with feminist activists and community coalitions to expose, critique and resist the conditions and harms of their confinement. Resisting Carceral Violence tells the story of how activists—through a combination of creative direct actions, reformist lobbying and legal challenges—forged an anti-carceral feminist movement that traversed the prison walls. This powerful history provides vital lessons for service providers, social justice advocates and campaigners, academics and students concerned with the violence of incarceration. It calls for a willingness to look beyond the prison and instead embrace creative solutions to broader structural inequalities and social harm.