Feminism and the Power of Law

Husband Abuse: Equality with a Vengeance?

“…Battles to end the abuse of criminalized women and to secure rights and programs for the incarcerated also made equality claims, with groups arguing that differences in treatment and opportunities for male versus female prisoners violate the Charter (Hannah-Moffat 2001;Hannah-Moffat and Shaw 2000). Although it quickly became apparent that equality discourse was a dangerous, two-edged sword (Smart 1989), it was one of the few tools available at that time.…”

“…Battles to reform laws on sexual and domestic assault provided evidence showing that, in law and in courtrooms, male perpetrators were excused while female victims were blamed (in rape and sexual assault cases) or silenced and ignored (in cases of domestic assault) (Smart 1989(Smart , 1995Snider 1985). Battles to end the abuse of criminalized women and to secure rights and programs for the incarcerated also made equality claims, with groups arguing that differences in treatment and opportunities for male versus female prisoners violate the Charter (Hannah-Moffat 2001;Hannah-Moffat and Shaw 2000).…”

Exploring gender and fear retrospectively: stories of women’s fear during the ‘Yorkshire Ripper’ murders

“…Concerns relating to women's sexuality and respectability continue to shape the investigation and prosecution of rape and other forms of gender violence, reflected in the construction of victim credibility and skewed justice outcomes (Smart, 1989;Kelly et al, 2005). Women involved in prostitution/sex work bring into sharp focus how victimhood is disavowed if women do not live up to ideals of feminine propriety.…”

Sex Work and the Regulation of Vulnerability(ies): Introduction

“…Such analyses focused on particular policy, socio-economic, cultural, legal and political contexts that demonstrated women's vulnerability due to their subordinate social status. Elsewhere, feminist socio-legal studies has produced trenchant examinations of the dynamics of law as it relates to women's vulnerability, and in particular in relation to questions of citizenship, sexual and human rights, and the impact of gendered and racialised disciplinary practices on women's bodies, sexuality and behaviours (Smart 1989;Bridgeman and Millns 1995;Munro and Stychin 2007;Askola 2008). At the same time, in disciplines ranging from geography, to political science and international relations, there has been a proliferation of attempts to theorise human vulnerability (Giddens 1999;Beck 2002;Kirby 2006;Fineman 2008).…”