Feminism, Punishment and the Potential of Empowerment

Abstract

This paper argues that understanding the potential roles law and the state can play as transformative tools in counter-hegemonic feminist struggle requires that they be historically and structurally situated and contextualized, for both can be and have been facilitative as well as repressive. The paper examines, first, the negative consequences of using criminal law and the criminal justice system as instruments of reform, arguing that criminal law lacks transformative potential because of its particular role vis-à-vis the welfare state, dominant ideologies, and the struggle for change. Rights struggles are examined next, and it is argued that feminists should engage with law only under certain specified conditions to advance particular aims. The paper suggests some legal dead ends feminists should avoid, then examines alternative strategies which, it is argued, have the potential to empower and thereby to produce real and lasting improvements in women's lives.

Treating Spousal Violence ‘Differently’

“…Neither outcome serves the best interests of women subjected to family violence nor the feminist cause generally. Our study reaffirms increasing feminist disquiet about employing the criminal law as a major mechanism of social control (e.g., Snider, 1994). Likewise, equal treatment by the criminal justice system may not necessarily be desirable given the unique and special circumstances of family violence.…”

“…25 Law does have transforrnative potential. It is, however, unlikely to be realised in circumstances where feminists surrender control of law and policy to dominant hegemonic interests (Snider, 1994). The criminal justice system cannot be made to work 'successfully' according to feminist criteria.…”

Restorative Justice in Indigenous Communities: Critical Issues in Confronting Violence Against Women

“…Other authors express concern over 347 such a 'law and order' approach which calls for further state intervention into women's lives (e.g. Snider, 1995Snider, , 1994Currie, 1990). Particularly challenging issues and dilemmas are raised in turning to the criminal justice system in response to violence against minority women (see Zellerer, 1999, forthcoming).…”

Intimate Partner Violence During the Transition from Prison to the Community: An Ecological Analysis

“…Prison masculinity is defined as exclusively heterosexual and in direct opposition to femininity (Cowburn, 1998). In other words, prisons are categorically masculine environments that reinforce and strengthen stereotypical masculine qualities such as power, dominance, hierarchy, misogyny, aggression, and violence (Cowburn, 1994;Lutze & Murphy, 1999;Rose, 2001;Seymour, 2003;Sim, 1994;Snider, 1998).…”

“…In other words, some inmates will adopt a world view that values hierarchy, confrontation, physicality, aggression, and violence in order to survive prison (Cowburn, 1994;Dumond, 1992;Lutze & Murphy, 1999;Rose, 2001;Seymour, 2003;Sim, 1994). Unfortunately, this perspective implies that even if an individual is not violent, aggressive, or confrontational when they enter prison as an inmate, they may be at risk to develop these tendencies as a natural consequence of their incarceration (Haney, 2008;Snider, 1998;Terry, 2003).…”