Rational Actors, Self-Defense, and Duress: Making Sense, Not Syndromes, Out of the Battered Woman

Burke, Alafair S.

doi:10.2139/ssrn.307809

Cited by 5 publications

(3 citation statements)

References 10 publications

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“…This not only brings more bullies, but also increases the mental pressure on the victim. Punishing people who is not conformed in this tribal way reveals a distressing type of bullying that leaves lasting scars on the victim's mental health [30].…”

Section: Discussionmentioning

confidence: 99%

Unseen Scars: The Intersection of School Bullying, Individualism, and Collectivism

2024

LNEP

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Violence in schools occurs in both collectivist and individualist societies. This paper examined bullying in educational settings and the connection to individualism and collectivism. It reported how these concepts influence bullying behaviors. Data from the OECD indicated that around 23% of students in these countries face bullying several times a month. The main focus was on the impact of bullying on students' mental health, social relationships, and academic performance. The paper also explored the differences in bullying behaviors in cultures prioritizing group values (collectivism) versus individual values (individualism). In individualistic societies, bullied students might feel more isolated, while in collectivist societies, bullying might be less visible as individuals might not discuss their struggles in public. This study aimed to provide a clearer understanding of school bullying by considering both personal experiences and the wider cultural context. The findings were expected to contribute significantly to developing more effective anti-bullying strategies that consider both individual and group perspectives.

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Section: Discussionmentioning

confidence: 99%

Unseen Scars: The Intersection of School Bullying, Individualism, and Collectivism

2024

LNEP

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“…On the other hand, few of her subjects killed their abusers, and apparently none was accused of committing criminal behaviour in cooperation with her abuser. 89 (3) Whether the study has been subjected to peer review and publication Faigman and Wright note that the research on BWS has never been published in peer-reviewed publications. They suggest that this is not surprising considering that 'the audience, so far as can be determined by the research and its publication, was not scientists, but the public and the courts'.…”

Section: The Danger Of 'Junk Science'mentioning

confidence: 99%

Proposals for Reforming the Law of Self-Defence

Pichhadze¹

2008

The Journal of Criminal Law

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The English law of self-defence has attracted significant attention following the controversial decision of the Court of Appeal in R v Martin. At the heart of the controversy is the determination of the reasonableness of a defendant's apprehension of the necessity to use a particular amount of force in self-defence. When comparing the defendant's apprehension and actions to those of a reasonable person in the same circumstances, what characteristics of the defendant must be attributable to the reasonable person in order for the test to be appropriate? This article argues that while the Court of Appeal's reluctance to allow a psychologically individualised standard of reasonableness may have been correct, the court should have reformulated the purely objective standard into a contextual objective standard. It is suggested that unless such reform is undertaken, the English law of self-defence will remain unduly constrained. Reform proposals by the Law Commission have made it clear that such reform is not on the horizon. As an alternative, the Law Commission proposed a reformulated defence of provocation. While this alternative is commendable, it does not remove the need to reform the objective standard of reasonableness in the law of self-defence.

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“…Burchell and Milton Principles of Criminal Law (2005) 234. returned to the scene of the robbery, and used force against X to recover his property. It was held that he had acted in lawful private defence in so far as his actions had been part of the res gestae of the original attack.…”

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confidence: 99%

Battered Women and the Requirement of Imminence in Self-Defence

Goosen

2017

PER

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Should the South African courts abolish the traditional imminence standard, something must be used to stand in its place. The identification of the various alternatives which have been suggested to replace imminence - most notably the establishment of the "reasonable woman standard" as advanced in the case of S v Engelbrecht 2005 (92) SACR 41 (W) - has moved the law of self-defence into the realm of subjectivity. The end result not only undermines self-defence as a justification defence, but is also unworkable for a number of reasons. For instance, utilising expert testimony to explain how the battered woman’s syndrome affects individual perception would leave a judge with no meaningful way to determine if that abused woman’s belief in the imminence of danger was reasonable, even if viewed from her distorted perspective. It is suggested that no reference need be made to the "reasonable battered woman", since South African courts already do this to a limited extent by taking a number of factors into account in determining if the abused woman acted reasonably. By rethinking certain factors in the situation as a set of relatively innocuous normative propositions, the abused woman’s actions can be judged in accordance with standard propositions in the law of self-defence.

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Rational Actors, Self-Defense, and Duress: Making Sense, Not Syndromes, Out of the Battered Woman

Cited by 5 publications

References 10 publications

Unseen Scars: The Intersection of School Bullying, Individualism, and Collectivism

Unseen Scars: The Intersection of School Bullying, Individualism, and Collectivism

Proposals for Reforming the Law of Self-Defence

Battered Women and the Requirement of Imminence in Self-Defence

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