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'In every field of law and legal practice, the law itself is gendered. That is to say, that the law-whether developed through the courts, under common law, or enacted in legislative provisions, reflects the gender of those who have created it: men.'
- Essay length: 5656 words
- Submitted: 19/06/2006
The first 200 words of this essay...
GENDER ESSAY. 992652614.
'In every field of law and legal practice, the law itself is gendered. That is to say, that the law-whether developed through the courts, under common law, or enacted in legislative provisions, reflects the gender of those who have created it: men.'
Introduction
Does this represent a fair assessment of today's position? I believe that it does. I shall
explore this observation by breaking down the key components of feminist
jurisprudence and highlighting my assertion with a broader examination of the
patriarchal nature of the criminal law. Among other abundant areas of law, criminal
law has evolved from a male perspective and continues to uphold this hegemony.1
I shall present documented theories of why domestic abuse occurs from the
perspective that each doctrine presupposes a weakness in the character of the victim.
The central focus in this essay takes the form of a critique of the criminal defences
available to battered women2 who kill their abusive partners. I contend that it is also
necessary to approach the area of reform. Is it possible in our contemporary
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