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Author: David L Richards Publisher: Routledge ISBN: 1317249607 Category : Political Science Languages : en Pages : 205
Book Description
This book examines the strength of laws addressing four types of violence against women--rape, marital rape, domestic violence, and sexual harassment--in 196 countries from 2007 to 2010. It analyzes why these laws exist in some places and not others, and why they are stronger or weaker in places where they do exist. The authors have compiled original data that allow them to test various hypotheses related to whether international law drives the enactment of domestic legal protections. They also examine the ways in which these legal protections are related to economic, political, and social institutions, and how transnational society affects the presence and strength of these laws. The original data produced for this book make a major contribution to comparisons and analyses of gender violence and law worldwide.
Author: David L Richards Publisher: Routledge ISBN: 1317249607 Category : Political Science Languages : en Pages : 205
Book Description
This book examines the strength of laws addressing four types of violence against women--rape, marital rape, domestic violence, and sexual harassment--in 196 countries from 2007 to 2010. It analyzes why these laws exist in some places and not others, and why they are stronger or weaker in places where they do exist. The authors have compiled original data that allow them to test various hypotheses related to whether international law drives the enactment of domestic legal protections. They also examine the ways in which these legal protections are related to economic, political, and social institutions, and how transnational society affects the presence and strength of these laws. The original data produced for this book make a major contribution to comparisons and analyses of gender violence and law worldwide.
Author: Amy Swiffen Publisher: Routledge ISBN: 1317602102 Category : Law Languages : en Pages : 274
Book Description
What is the meaning of punishment today? Where is the limit that separates it from the cruel and unusual? In legal discourse, the distinction between punishment and vengeance—punishment being the measured use of legally sanctioned violence and vengeance being a use of violence that has no measure—is expressed by the idea of "cruel and unusual punishment." This phrase was originally contained in the English Bill of Rights (1689). But it (and versions of it) has since found its way into numerous constitutions and declarations, including Article 5 of the Universal Declaration of Human Rights, as well as the Amendment to the US Constitution. Clearly, in order for the use of violence to be legitimate, it must be subject to limitation. The difficulty is that the determination of this limit should be objective, but it is not, and its application in punitive practice is constituted by a host of extra-legal factors and social and political structures. It is this essential contestability of the limit which distinguishes punishment from violence that this book addresses. And, including contributions from a range of internationally renowned scholars, it offers a plurality of original and important responses to the contemporary question of the relationship between punishment and the limits of law.
Author: David Correia Publisher: University of Georgia Press ISBN: Category : Business & Economics Languages : en Pages : 374
Book Description
Through the compelling story of the Tierra Amarilla conflict, David Correia examines how law and property, in general, and a Mexican-period land grant in northern New Mexico, in particular, have been constituted through violence and social struggle. Spain and Mexico populated what is today New Mexico through large common property land grants to sheepherders and agriculturalists. After the U.S.-Mexican War the area saw rampant land speculation and dubious property adjudication with nearly all the grants being rejected by U.S. courts or acquired by land speculators. Of all the land grant conflicts in New Mexico's history, Tierra Amarilla is one of the most sensational, with numerous nineteenth-century speculators ranking among the state's political and economic elite and a remarkable pattern of resistance to land loss by heirs in the twentieth century. Correia narrates a long and largely unknown history of property conflict in Tierra Amarilla characterized by nearly constant violence-night riding and fence cutting, pitched gun battles, and tanks rumbling along the rutted dirt roads of northern New Mexico. The legal geography he constructs is one that includes a remarkable cast of characters: millionaire sheep barons, Spanish anarchists, hooded Klansmen, Puerto Rican freedom fighters-or as J. Edgar Hoover, another of the characters in Correia's story would have called them, "terrorists." By placing property and law at the center of his study, "Properties of Violence" first reveals and then examines a central irony: violence is not the opposite of law but rather is essential to its operation.
Author: Diane Kiesel Publisher: ISBN: 9781632815583 Category : Family violence Languages : en Pages : 0
Book Description
This textbook examines the sadly prevalent appearance of domestic violence in all areas of the law -- from its obvious place in criminal and family law to its less apparent connection to tort, divorce, child custody and federal law. The book also explores how domestic violence is treated in the justice system and explores the ethical and legal considerations for lawyers working in the field. Much has changed since the publication of the first edition a decade ago, particularly in the areas of evidence, expert witnesses, immigration and federal firearms laws. In addition, the book has expanded its scope to include issues surrounding domestic violence on Native American lands, among the police and the military and among the elderly. It also explores how domestic violence is handled in the Third World. The book is designed not only for students who wish to specialize in domestic violence law but for practitioners working in the field and for other students and lawyers who simply have an intellectual interest in the subject. As in the first volume, the book explores the subject in a readily accessible manner by including not only traditional legal articles and case law but selections from history, literature, media, and the popular culture. It also includes interviews with lawyers, artists, and advocates who have taken unique approaches to the challenges in fighting domestic violence as well as pictures and diagrams.
Author: Mandy Burton Publisher: Taylor & Francis ISBN: 0429516096 Category : Law Languages : en Pages : 221
Book Description
The gap between what the law and legal processes deliver for victims of domestic abuse and what they actually need has, in some instances, arguably widened. This book provides the reader with a thorough understanding of the remedies available to victims in the civil, family and criminal law. It contends that expectations of the legal remedies have increased as the number and scope of remedies has proliferated. It further examines how legal responses to domestic abuse have evolved over the past decade and explores how the victim’s rights narrative and associated litigation, which has become prevalent in legal discourse and criminal justice reforms, has shifted expectations and impacted domestic abuse policy and law. The book presents a valuable addition to the literature in drawing on a discourse familiar to those with an interest in human rights, demonstrating its impact on a substantive area of law of great significance to both family and criminal lawyers and anyone with an interest in domestic abuse and legal responses.
Author: Sally Engle Merry Publisher: University of Chicago Press ISBN: 0226520757 Category : Political Science Languages : en Pages : 280
Book Description
Human rights law and the legal protection of women from violence are still fairly new concepts. As a result, substantial discrepancies exist between what is decided in the halls of the United Nations and what women experience on a daily basis in their communities. Human Rights and Gender Violence is an ambitious study that investigates the tensions between global law and local justice. As an observer of UN diplomatic negotiations as well as the workings of grassroots feminist organizations in several countries, Sally Engle Merry offers an insider's perspective on how human rights law holds authorities accountable for the protection of citizens even while reinforcing and expanding state power. Providing legal and anthropological perspectives, Merry contends that human rights law must be framed in local terms to be accepted and effective in altering existing social hierarchies. Gender violence in particular, she argues, is rooted in deep cultural and religious beliefs, so change is often vehemently resisted by the communities perpetrating the acts of aggression. A much-needed exploration of how local cultures appropriate and enact international human rights law, this book will be of enormous value to students of gender studies and anthropology alike.
Author: Heather Nancarrow Publisher: Springer Nature ISBN: 3030275000 Category : Social Science Languages : en Pages : 245
Book Description
This book addresses the intersection of two current major concerns in Australia: law and justice responses to domestic violence - including harsher punitive measures - and the over-representation of Indigenous Australians in the criminal justice system, which are similar concerns in New Zealand, Canada and the US. Nancarrow re-conceptualises typologies of violence and provides a means of understanding and explaining female use of violence without undermining the hard-won gains of the women’s movement. It does, however, argue for a paradigm shift, which has implications for every aspect of the system we have built to stop men’s violence against women (law, police policy and practice, counselling and advocacy for victims, and interventions for those who perpetrate violence). The book is based on quantitative and qualitative research and explores the nature of Indigenous intimate partner violence and the types of violence that domestic violence law sought to address.
Author: S. Goel Publisher: Springer ISBN: 1137387076 Category : Social Science Languages : en Pages : 133
Book Description
Domestic Violence Laws in the United States and India is a comparative study of the domestic violence laws in India and the United States, seeking to illuminate the critical issues of intimate partner violence through the lenses of these two societies.
Author: David L Richards
Author: David L Richards
Author: Amy Swiffen
Author: David Correia
Author: Diane Kiesel
Author: Julie E. Hamos
Author: Mandy Burton
Author: Sally Engle Merry
Author: Heather Nancarrow
Author: S. Goel
Author: Nancy K. D. Lemon