Sex, Culpability and the Defence of Provocation
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Sex, Culpability and the Defence of Provocation

  1. 230 pages
  2. English
  3. ePUB (mobile friendly)
  4. Available on iOS & Android
eBook - ePub

Sex, Culpability and the Defence of Provocation

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About This Book

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.

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Yes, you can access Sex, Culpability and the Defence of Provocation by Danielle Tyson in PDF and/or ePUB format, as well as other popular books in Law & Law Theory & Practice. We have over one million books available in our catalogue for you to explore.

Information

Publisher
Routledge-Cavendish
Year
2012
ISBN
9781136298837
Edition
1
Topic
Law
Subtopic
Law Theory & Practice
Index
Law

Table of contents

  1. Cover
  2. Title
  3. Copyright
  4. Dedication
  5. Contents
  6. Tables of cases and legislation
  7. Acknowledgements
  8. Introduction: Murder and culpable subjects: the standard tale of a woman ‘asking for it’
  9. 1 Feminist dilemmas with the partial defence of provocation: international debates
  10. 2 Bridling scolds: insults, female sexuality and the unruly woman
  11. 3 Legal narratives on trial: constructions of sex, blame and culpability and the provocation defence
  12. 4 Victoria’s new homicide laws: provocative reforms or more stories of women ‘asking for it’?
  13. 5 Critical fictions: masculinities theory and challenges to men’s violence against women
  14. Conclusion: the importance of rereading and rewriting
  15. Bibliography
  16. Index