Sex, culpability, and the defence of provocation / Danielle Tyson.
2013
K5086 .T97 2013 (Map It)
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Details
Author
Title
Sex, culpability, and the defence of provocation / Danielle Tyson.
Published
London ; New York : Routledge, 2013.
Call Number
K5086 .T97 2013
ISBN
9780415560177 (hbk)
0415560179 (hbk)
0415560209 (pbk)
9780415560207 (pbk)
0415560179 (hbk)
0415560209 (pbk)
9780415560207 (pbk)
Description
xviii, 223 pages ; 24 cm.
System Control No.
(OCoLC)769323272
Summary
"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"--Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references (pages 187-214) and index.
Series
Record Appears in
Table of Contents
Tables of cases and legislation
xi
Acknowledgements
xvii
Introduction: Murder and culpable subjects: the standard tale of a woman `asking for it'
1
1.
Feminist dilemmas with the partial defence of provocation: international debates
17
2.
Bridling scolds: insults, female sexuality and the unruly woman
57
3.
Legal narratives on trial: constructions of sex, blame and culpability and the provocation defence
89
4.
Victoria's new homicide laws: provocative reforms or more stories of women `asking for it'?
121
5.
Critical fictions: masculinities theory and challenges to men's violence against women
149
Conclusion: the importance of rereading and rewriting
181
Bibliography
187
Index
215