Feminist Theory, Crime, and Social Justice

Alana Van Gundy

• Publisher: Routledge
• Year: 2014
• ISBN:
  9781317522546
• Edition: 1
• Topic: Social Sciences
• Subtopic: Criminology
• Index: Social Sciences

Feminist Theory, Crime, and Social Justice offers an insightful look at the primarily masculine-driven perspective on crime and justice through the lens of feminist theory. The book presents the argument that an increased understanding of the female crime typology, life course, and gender-specific programming will improve social justice for offenders. Discussions on the direct implications of the way society views crime and justice contribute to policy recommendations for helping to improve these views, specifically as they relate to female crime.

Chapter 1

Feminist Theory and Social Justice

We all fight over what the label ‘feminism’ means, but for me it’s about empowerment. It’s not about being more powerful than men—it’s about having equal rights with protection, support, justice. It’s about very basic things. It’s not a badge like a fashion item.

Annie Lennox

Feminist theory provides a framework that allows for consideration of the unique social positioning and life experiences of women. An interest in feminism and feminist theory re-emerged in the 1960s and 1970s, and the field is currently in a postmodernist phase. Viewing crime and justice from a feminist perspective enables theorists to examine the impact that variables such as race, age, social standing, oppression, and patriarchy have on the relationship between women, crime and criminality, and social justice. Current criminological theory is premised on a male model of criminal justice and does not capture the impact of mechanisms of social control on women nor the unique life histories, risk predictors, or needs of women in the criminal justice system. Utilization of a theoretically-based gender-specific model of criminality allows for examination of the mechanisms and factors specific to gender as a means to attain social justice for women.

1.1 Definition and Forms of Feminist Theory

Feminist theory is a broad, generalized system of ideas about society, social life, and humanity that was developed from the standpoint of women. It focuses on the social, emotional, biological, and psychological experiences of women and society and is female-centered in three primary ways: its investigation starts with the experiences of women in society, women are the central focus of the theory, and that it is critical to produce “a better world for women” (Lengermann & Niebrugge-Brantley, 2000, p. 443). Feminist theory can be interpreted in a multitude of ways, but the core of any feminist theory must describe and explain the tenets of the social world experienced by women, apply questions, thoughts, and ideas to improve the social world for women, and consider the intersection of additional demographic variables such as age, race/ethnicity, and social standing (Hooks, 1984; Lengerman & Niebrugge-Brantley, 2000).

Interpretation of feminist theory has led scholars and academics to dissect the breadth of feminist theory into six primary forms: liberal, traditional Marxist, radical feminism, socialist feminism, postmodern, and critical race feminism. Liberal feminist theory focuses on proscribed gender roles, the patriarchal division of labor in work and family, and the impact of gender roles on social, legal, political, and economic equality. The theoretical premise of liberal feminism is based upon the social contract theories of the sixteenth and seventeenth centuries, meaning that the natural and legal rights of women must be protected in order to maintain an organized society. Liberal feminists argue that women are equal to men as they both possess the inherent human capacity for reasoning and moral agency. One key area of emphasis for liberal feminist theorists is equality of opportunity—in particular, gender equality with regards to education, economics, and politics. Additionally, they focus on the codification of universal human rights, a restructuring of the division of labor within law, work, and family spheres, and the acceptance of individualism and personal choice.

Traditional Marxist feminist theory locates the origin of women’s oppression not in individual opportunity but as inherent within a society’s political and economic organization and structure. This viewpoint argues that women’s subordinate position in society originated with the development of private property, capitalism, and the hegemony of the ruling class. Marxist feminists argue that gender and class inequity are interrelated (but place emphasis on class) and that women’s experiences of oppression must be understood as a direct power relationship between women and men. Marxist feminists believe, for example, that a woman working within the home constitutes a form of domestic slavery, that women’s work is provided low compensation as a means of control and oppression, and that as long as society’s structure is based on capitalist principles, women will remain a minority class.

The radical feminist viewpoint identifies male dominance, or patriarchy, as the root of gender inequality. Radical feminist theory has posited biology, heterosexuality, and social construction as intertwined with inequality and focuses on the relationships between the female and male gender in their analyses (Bunch, 1987; Firestone, 1970; Wittig, 1992). Radical feminists focus on social organization, gender and structural oppression, overt and covert forms of violence against women, components of socialist and psychoanalytical concepts, and the positive impacts that women have on society. The key differences between radical feminist theories and the other forms of feminist theory include the focus on the explicit tie to patriarchy and violence against women, the celebration of differences between women and men (in comparison to other theoretical viewpoints focused on equality), and suggested solutions such as the individual and societal rejection of patriarchy, emphasis on standing together as women, and importance of women learning their strength, independence, and knowing their value. Movements related to radical feminism include Black is Beautiful, the Dove sisterhood campaign, and Women Stand Together.

Socialist feminist theory views human nature and social equality as fluctuating with the control of the mode of production. Socialist feminists argue that a deep understanding of Marxism must be embraced, and that an extension of radical and Marxist theory is necessary to better understand the intersection of gender, class, and the integration between the two. Socialist-based feminist theorists focus on gender and class, but unlike Marxist theory, which ranks class as the most important variable, socialist feminists view gender and class as equally important. This framework views the relationship between class and gender as reciprocal and differs from Marxist feminist theory in four ways: it extends the meaning of material conditions to include more than the mode of production of goods (such as the use of the human body and the production of knowledge), emphasizes human subjectivity, analyzes interrelated variables (class, politics, economics, etc.), and suggests different solutions for change (Marxism calls for the end of capitalism and socialist feminists call for conscious mobilization to improve both macro- and micro-level conditions).

Postmodern feminists argue that sex and gender are socially constructed as a derivative of language. According to this theoretical viewpoint, gender ideals, norms, and categorizations are socially constructed and labeled by society. Of particular interest to postmodernist feminists is who is creating, defining, and interpreting these labels and categories of differences. Postmodernists resist categorization, black and white “truth,” and terms or concepts such as crime, deviance, social control, and justice as socially created and not a universal “truth.” They support moving the understanding of gender to the center of focus, deconstructing research and knowledge focused on women, and considering categories that trivialize or marginalize one gender in relation to another.

Lastly, critical race feminist theory’s primary focus is on the intersection of gender and race. Critical race theorists focus on the “double” subordinate positions that women of color hold in society. In other words, women as a class are oppressed in the professional and personal spheres (access to leadership opportunities, sexual harassment, discrimination, and sexism, for example), and women of color face both gender-related and racial-related obstacles of oppression such as racism and minority discrimination. Feminists who identify as critical race theorists argue that there is not a social, economic, or political framework available to understand the multilayered and unique experiences of women of color and that this is necessary when studying the lives of women of color (Collins, 2000; Crenshaw, 1991; Hooks, 1984).

Each form of feminist theory provides a unique viewpoint of women with respect to their social standing, economic freedom, obstacles of oppression (sexism, racism, classism, and intersectionality, etc.), and life experiences. Feminist theories continue to provide a valuable framework for research in sociology, economics, psychology, education, political science, women’s studies, criminology and deviance, and criminal justice. The feminist framework allows for a theoretical-based focus on gender differences, gender inequality, gender oppression, and structural oppression.

1.2 Origin and Evolution of Feminism and Feminist Theory

The first printed feminist works were published in the early fifteenth and sixteenth centuries. These writings focused on the important gendered roles that women have in society (De Pizan, 1405), the theological superiority of women, and female equality or lack thereof. In 1792, Mary Wollstonecraft published A Vindication of the Rights of Women and in 1918 another ground-breaking book was written by Marie Stopes: a sex manual titled Married Love. These works evidenced the clear discontent of women with their proscribed social, marital, and economic roles, in addition to the resultant social inequality.

Despite these early writings, feminist theory was not labeled or identified as such until much later in history. The origin of feminism and feminist theory has been traced in three eras, or waves, throughout history. First Wave feminism stemmed primarily from writings published in Canada, the United Kingdom, the Netherlands, and the United States. This wave focused on the struggle for women’s political rights; in particular, it emphasized the right to vote. Two important dates emerged during the time of First Wave feminism: 1848, when the first Women’s Rights Convention was held in Seneca, New York and 1920, when passage of the 19th Amendment ended women’s suffrage in the United States. Throughout the era of First Wave feminism, women fought for and won the right to execute wills, the right to choose their professions and own property in their name, the legalization of divorce, the right to be granted custody of their children in a divorce, educational access, and the right to vote in an education setting.

Second Wave feminism began in the 1960s in the United States and is referred to as the Women’s Liberation Movement. In 1963, Betty Friedan’s The Feminine Mystique identified the issues, expectations, and roles that women play in society as “the problem that has no name,” and Second Wave feminism turned its focus to sexuality and identity, family roles, workplace inequity, abortion rights, and the ability to control reproduction. This wave of feminism encapsulated the Equal Pay Laws and Equal Rights Amendment. Additionally, it established marital rape laws, domestic violence centers, aid for battered women, and the National Organization for Women.

Third Wave feminism began between 1980 and 1990 and is referred to as postmodern feminism. It originated as a backlash to critical deficiencies perceived throughout the era of Second Wave feminism. Four major theoretical perspectives contribute to postmodern feminism: intersectionality theory, postmodernist and poststructuralist approaches, global feminism, and the agenda of a new generation of younger feminists that were discontent with the previous state of feminist theory (Coleman, 2009). Third Wave feminist theorists reject the traditional idea of femininity and incorporate components of queer theory, transgender politics, intersections between race and gender, and individualist feminism in their studies of women.

Each wave of feminism significantly impacted the advancement of feminist theory. With the First Wave of feminism, theory and research focused on identifying inequality in areas such as employment and property ownership and examined social conditions from a liberal feminist and socialist feminist viewpoint. Second and Third Wave feminism integrated components of radical feminism, critical race feminism, and postmodernist feminism and extended mainstream theory to include intersectionality. At each stage, the evolving viewpoints faced resistance and were deemed “rebellious,” and included foci on gender discrimination, subordination, stereotyping, sexual objectification, and the patriarchal nature of society.

1.3 Strengths and Criticisms of Feminist Theory

Feminist theory has been controversial from its inception. The theory provides a clear framework for examining the social positioning of women, calls for a reassessment of social structure and inequity, questions the origin and purpose of individual, government, and social/political power, and translates directly to policy implications and recommendations. Additionally, it has allowed for slow and evolutionary advancements within the economic, social, and political realm of women, and in particular nations it has resulted in legislation that advances the rights of women.

These changes and advancements in society have resulted in the emergence of important criticisms. One significant critique of feminist theory involves the definitions, components, and understanding of the theory itself. As first designed, components of feminist theory were defined in order to understand the plight of white women who were deemed to be disadvantaged because they were unable to access the universal “social positioning” that they hoped to attain. The definitions and concepts of feminist theory at that point offered no understanding of women from different cultures, socioeconomic classes, or social and economic positioning. This deficiency has been significantly advanced by the creation of critical race theory and women of color theory, but prior to this advancement, feminist theory best explained the economic, political, and social standing of white, middle-class women.

Additionally, the understanding of the main components of feminist theory itself, by proxy, categorizes gender divisions to use males as the reference point. This is necessary in particular instances, but in others, it impedes the level of explanation, understanding, and application in the contexts of women’s lives. This has been directly addressed by feminist theorists within the postmodernist phase. Examining the social construction of gender has greatly eased the rigidity with which categories of gender are measured; yet continuation of this work is imperative for advancement of feminist theory.

Another significant issue with feminist theory is that it comes in a multitude of forms. This can be deemed a benefit at times, but it also results in scattered research and a lack of uniformity in scientific understanding. For example, in addition to the six forms as discussed above, there also exists cultural feminism, lesbian feminism, and materialist feminism. These different tenets of the theory often cause confusion to theorists, academics, and laypeople, and do not allow for the consistency necessary for systematic reviews and meta-analyses.

Additional criticisms were identified in Kathy Lay and James Daley’s 2008 article entitled “A Critique of Feminist Theory.” They argue that a review of empirical articles showed the wide range of studies focused on feminist theory used the theory as a “lens for other issues” (p. 49) and did not focus on expanding the theory itself. Later, they state, “The greatest disappointment was the dearth of research actually focusing on refining feminist theory. Where were the studies that asserted the crucial components of feminist theory or sought to empirically test those components? Where were the studies that sought to add the additional confirmation of existing feminist theory… we were surprised by the absence of critical scholarship on feminist theory development” (2007, p. 57). Lay and Daley suggest that scholarship that is focused on feminist issues must identify components of the theory, gather and provide empirical evidence testing theoretical components of each form of feminist theory, and focus specifically on theoretical advancement (2007).

These criticisms provide important points for theoretical advancement. Each branch of feminist theory is subject to multiple criticisms, but together they form a comprehensive and explanatory theory. For example, it has been argued that liberal feminism ignores social structure and class; radical feminism focuses on the class of sex when there is no evidence for a “sex class;” Marxist feminism focuses solely on class, and as capitalism will not be overthrown, it may not necessarily be the most useful framework with which to advocate change; and socialist feminism ignores the concepts of capitalism. Placed together, the strengths of these theories may be able to form the framework of an ultimate feminist theory that poses a better understanding of all women and advances the status of women throughout the world.

1.4 Impact of Feminist Theory on the Viewpoint, Status, and Concepts of Crime and Justice

Feminist theory offers valuable contributions to the field of criminology and criminal justice. The translation of feminism to the field of crime and deviance resulted in a field of study called feminist criminology. Feminist criminology is defined as “the body of criminological research and theory that situates the study of crime and criminal justice within a complex understanding that the social world is systematically shaped by relations of sex and gender” (Miller & Mullins, 2006, p. 218). It is an integrated and multifaceted theoretical viewpoint that focuses on the concept of gender when examining crime, deviance, and criminality. The primary aim of feminist criminology is to produce a “distinctly feminist approach to crime and criminal justice” (Akers, 2000, p. 219).

Two early publications within the field of feminist criminology were Dorie Klein’s “The Etiology of Female Crime” (1973) and Carol Smart’s “Women, Crime, and Criminology: A Feminist Critique” in 1976. Both of these significant publications described and analyzed the history of the explanations of crime and identified gaps in those explanations. Essentially, they introduced the importance of non-biological explanations of crime and deviance (to include sociological and psychological explanations) to the criminal behavior of women. Their writings stimulated a theoretical movement that focused on reviewing the status of current theories, the state of female crime, and the lack of ...

Table of contents

• Cover
• Half Title
• Title
• Copyright
• DEDICATION
• CONTENTS
• Chapter 1 Feminist Theory and Social Justice
• Chapter 2 Crime Typology and the Gender Gap
• Chapter 3 Life Course Theory: Gender Differences and Theoretical Impact
• Chapter 4 Gender-Specific Programming: Current Status, Feminist Impact, and Available Programs
• Chapter 5 Implications and Policy: Integrating Feminist Theory, Crime, and Social Justice
• Bibliography