Sex, Culpability and the Defence of Provocation

Nonfiction, Reference & Language, Law, Gender & the Law, Criminal law
Cover of the book Sex, Culpability and the Defence of Provocation by Danielle Tyson, Taylor and Francis
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Danielle Tyson ISBN: 9781136298837
Publisher: Taylor and Francis Publication: August 21, 2012
Imprint: Routledge-Cavendish Language: English
Author: Danielle Tyson
ISBN: 9781136298837
Publisher: Taylor and Francis
Publication: August 21, 2012
Imprint: Routledge-Cavendish
Language: English

The partial defence of provocation is one of the most controversial doctrines within the criminal law. It has now been abolished in a number of international jurisdictions. Addressing the trajectory of debates about reform of the provocation defence across different jurisdictions, Sex, Culpability and the Defence of Provocation considers the construction and representation of subjectivity and sexual difference in legal narrations of intimate partner homicide. Undeniably, the most vexing exculpatory cultural narrative of our times is that of a woman 'asking for it'. This book explores how the process of judgment in a criminal trial involves not only the drawing of inferences from the facts of a particular case, but also operates to deliver a narrative. Law, it is argued, constructs a narrative of how the female body incites male violence. And, pursuing an approach that is informed by socio-legal studies, literary theory and feminist theories of the body, Sex, Culpability and the Defence of Provocation considers how this narrative is constructed via a range of discursive practices that position woman as a threat to masculine norms of propriety and autonomy. Once we have a clear understanding of the significance of narrative in legal decision-making, we can then formulate textual strategies of resistance to the violence of law's victim-blaming narratives by rewriting them.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

The partial defence of provocation is one of the most controversial doctrines within the criminal law. It has now been abolished in a number of international jurisdictions. Addressing the trajectory of debates about reform of the provocation defence across different jurisdictions, Sex, Culpability and the Defence of Provocation considers the construction and representation of subjectivity and sexual difference in legal narrations of intimate partner homicide. Undeniably, the most vexing exculpatory cultural narrative of our times is that of a woman 'asking for it'. This book explores how the process of judgment in a criminal trial involves not only the drawing of inferences from the facts of a particular case, but also operates to deliver a narrative. Law, it is argued, constructs a narrative of how the female body incites male violence. And, pursuing an approach that is informed by socio-legal studies, literary theory and feminist theories of the body, Sex, Culpability and the Defence of Provocation considers how this narrative is constructed via a range of discursive practices that position woman as a threat to masculine norms of propriety and autonomy. Once we have a clear understanding of the significance of narrative in legal decision-making, we can then formulate textual strategies of resistance to the violence of law's victim-blaming narratives by rewriting them.

More books from Taylor and Francis

Cover of the book Cognitive Development by Danielle Tyson
Cover of the book Research on Educational Innovations by Danielle Tyson
Cover of the book Food Security, Gender and Resilience by Danielle Tyson
Cover of the book The Domestic Structure of European Community Policy-Making in West Germany (Routledge Revivals) by Danielle Tyson
Cover of the book The Enigma of the Suicide Bomber by Danielle Tyson
Cover of the book Modern Biology & Natural Theology by Danielle Tyson
Cover of the book Fiscal Policy Making in the European Union by Danielle Tyson
Cover of the book Islam in a Changing World by Danielle Tyson
Cover of the book Across the Corrupting Sea by Danielle Tyson
Cover of the book Handbook of Psychological Treatment Protocols for Children and Adolescents by Danielle Tyson
Cover of the book The Reason of States by Danielle Tyson
Cover of the book Shooting the Messenger by Danielle Tyson
Cover of the book About Time by Danielle Tyson
Cover of the book Political Culture, Political Science, and Identity Politics by Danielle Tyson
Cover of the book The Archaeology of Difference by Danielle Tyson
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy