Ashley Baggett
- Published in print:
- 2017
- Published Online:
- May 2019
- ISBN:
- 9781496815217
- eISBN:
- 9781496815255
- Item type:
- chapter
- Publisher:
- University Press of Mississippi
- DOI:
- 10.14325/mississippi/9781496815217.003.0006
- Subject:
- Society and Culture, Gender Studies
Rather than creating specific legislation on the issue, the legal system in Louisiana began reinterpreting old assault and battery laws already in the criminal statutes. These courts relied on the ...
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Rather than creating specific legislation on the issue, the legal system in Louisiana began reinterpreting old assault and battery laws already in the criminal statutes. These courts relied on the abused wife’s sworn description of the incident, even though Louisiana antebellum courts denied a wife’s testimony against her husband. Women did not cater to antebellum notions of womanhood. Most cursed, fought back, or blatantly demanded protection from their abusers. New gender definitions required recognition of women’s right to be free from violence, and courts reflected this change, effectively criminalizing intimate partner violence.Less
Rather than creating specific legislation on the issue, the legal system in Louisiana began reinterpreting old assault and battery laws already in the criminal statutes. These courts relied on the abused wife’s sworn description of the incident, even though Louisiana antebellum courts denied a wife’s testimony against her husband. Women did not cater to antebellum notions of womanhood. Most cursed, fought back, or blatantly demanded protection from their abusers. New gender definitions required recognition of women’s right to be free from violence, and courts reflected this change, effectively criminalizing intimate partner violence.
Ashley Baggett
- Published in print:
- 2017
- Published Online:
- May 2019
- ISBN:
- 9781496815217
- eISBN:
- 9781496815255
- Item type:
- chapter
- Publisher:
- University Press of Mississippi
- DOI:
- 10.14325/mississippi/9781496815217.003.0007
- Subject:
- Society and Culture, Gender Studies
Politicians soon used misdemeanor assault and battery against a spouse as a “color-blind” method to disenfranchise African-American men. Conviction of “wife beating,” then, barred many southern men ...
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Politicians soon used misdemeanor assault and battery against a spouse as a “color-blind” method to disenfranchise African-American men. Conviction of “wife beating,” then, barred many southern men from voting. Courts in turn reflected this change. By the 1890s, the number of court cases for intimate partner violence declined, and newspaper articles started more frequently applying negative racial descriptors when talking about black abusers. The trend was evident throughout the South and not just in New Orleans. As society focused on the issue of race, white women and black women lost rights too. Courts stopped recognizing women’s personhood and denied women the right to testify against their husbands. Without much legal recourse, women could not challenge the male privilege of chastisement.Less
Politicians soon used misdemeanor assault and battery against a spouse as a “color-blind” method to disenfranchise African-American men. Conviction of “wife beating,” then, barred many southern men from voting. Courts in turn reflected this change. By the 1890s, the number of court cases for intimate partner violence declined, and newspaper articles started more frequently applying negative racial descriptors when talking about black abusers. The trend was evident throughout the South and not just in New Orleans. As society focused on the issue of race, white women and black women lost rights too. Courts stopped recognizing women’s personhood and denied women the right to testify against their husbands. Without much legal recourse, women could not challenge the male privilege of chastisement.
Donna Coker
- Published in print:
- 2019
- Published Online:
- September 2019
- ISBN:
- 9781479805648
- eISBN:
- 9781479888733
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9781479805648.003.0008
- Subject:
- Law, Family Law
Feminists working to prevent and respond to campus sexual assault should encourage universities to adopt an intersectional public health approach that incorporates Restorative Justice. An ...
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Feminists working to prevent and respond to campus sexual assault should encourage universities to adopt an intersectional public health approach that incorporates Restorative Justice. An intersectional framework responds to the ways that the general campus climate for students of color, LGBTQ students, foreign nationals, immigrants, and low-income students shapes experiences of sexual assault and help-seeking. An intersectional framework also addresses the risk that implicit bias will infect school investigations and hearings. Feminists should also encourage schools to reject “Crime Logic” thinking and the related belief that campus assaulters are irredeemable “predators.” The predator narrative is based in misapplied research and is contradicted by the results of more sophisticated longitudinal studies. Finally, feminists should encourage schools to adopt Restorative Justice (RJ) alternatives. An RJ approach supports victim healing and autonomy, encourages the student who caused harm to take responsibility for repairing the harm, and enables larger changes in campus culture.Less
Feminists working to prevent and respond to campus sexual assault should encourage universities to adopt an intersectional public health approach that incorporates Restorative Justice. An intersectional framework responds to the ways that the general campus climate for students of color, LGBTQ students, foreign nationals, immigrants, and low-income students shapes experiences of sexual assault and help-seeking. An intersectional framework also addresses the risk that implicit bias will infect school investigations and hearings. Feminists should also encourage schools to reject “Crime Logic” thinking and the related belief that campus assaulters are irredeemable “predators.” The predator narrative is based in misapplied research and is contradicted by the results of more sophisticated longitudinal studies. Finally, feminists should encourage schools to adopt Restorative Justice (RJ) alternatives. An RJ approach supports victim healing and autonomy, encourages the student who caused harm to take responsibility for repairing the harm, and enables larger changes in campus culture.
David Fitzgerald
- Published in print:
- 2013
- Published Online:
- September 2013
- ISBN:
- 9780804785815
- eISBN:
- 9780804786423
- Item type:
- chapter
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9780804785815.003.0006
- Subject:
- Political Science, Conflict Politics and Policy
The occupation of Iraq illustrated the absence of any memory of counterinsurgency within the Army. One of the most revealing periods was the immediate aftermath of the invasion, when the US Army ...
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The occupation of Iraq illustrated the absence of any memory of counterinsurgency within the Army. One of the most revealing periods was the immediate aftermath of the invasion, when the US Army found itself effectively without a plan. The growing insurgency highlighted the inadequacies of pre-invasion planning, shattering assumptions about the Army’s capabilities. This chapter is not only concerned with the absence of memory – of both Vietnam and counterinsurgency – as it also examines attempts to fill that void, both by reaching back for old lessons and by constructing new ones. The re-emergence of counterinsurgency in 2004-2006 is inextricably tied to the rise of an alternative set of lessons from Vietnam than the ones that the Army brought with it to Iraq. This chapter explores how analogy interacted with reality in Iraq and how those interactions led to the construction of new lessons and the dismissal of old ones.Less
The occupation of Iraq illustrated the absence of any memory of counterinsurgency within the Army. One of the most revealing periods was the immediate aftermath of the invasion, when the US Army found itself effectively without a plan. The growing insurgency highlighted the inadequacies of pre-invasion planning, shattering assumptions about the Army’s capabilities. This chapter is not only concerned with the absence of memory – of both Vietnam and counterinsurgency – as it also examines attempts to fill that void, both by reaching back for old lessons and by constructing new ones. The re-emergence of counterinsurgency in 2004-2006 is inextricably tied to the rise of an alternative set of lessons from Vietnam than the ones that the Army brought with it to Iraq. This chapter explores how analogy interacted with reality in Iraq and how those interactions led to the construction of new lessons and the dismissal of old ones.
Rebecca Campbell
- Published in print:
- 2013
- Published Online:
- May 2014
- ISBN:
- 9780262019682
- eISBN:
- 9780262317245
- Item type:
- chapter
- Publisher:
- The MIT Press
- DOI:
- 10.7551/mitpress/9780262019682.003.0011
- Subject:
- Biology, Bioethics
This review article examines rape victims’ experiences seeking post-assault assistance from the legal, medical, and mental health systems and how those interactions impact their psychological ...
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This review article examines rape victims’ experiences seeking post-assault assistance from the legal, medical, and mental health systems and how those interactions impact their psychological well-being. This literature suggests that although some rape victims have positive, helpful experiences with social system personnel, for many victims, post-assault help seeking becomes a “second rape,” a secondary victimization to the initial trauma. Most reported rapes are not prosecuted, victims treated in hospital emergency departments do not receive comprehensive medical care, and many victims do not have access to quality mental health services. In response to growing concerns about the community response to rape, new interventions and programs have emerged that seek to improve services and prevent secondary victimization. The contributions of rape crisis centers, restorative justice programs, and sexual assault nurse examiner programs are examined. Strategies for creating more visible and impactful roles for psychologists and allied professionals are also discussed.Less
This review article examines rape victims’ experiences seeking post-assault assistance from the legal, medical, and mental health systems and how those interactions impact their psychological well-being. This literature suggests that although some rape victims have positive, helpful experiences with social system personnel, for many victims, post-assault help seeking becomes a “second rape,” a secondary victimization to the initial trauma. Most reported rapes are not prosecuted, victims treated in hospital emergency departments do not receive comprehensive medical care, and many victims do not have access to quality mental health services. In response to growing concerns about the community response to rape, new interventions and programs have emerged that seek to improve services and prevent secondary victimization. The contributions of rape crisis centers, restorative justice programs, and sexual assault nurse examiner programs are examined. Strategies for creating more visible and impactful roles for psychologists and allied professionals are also discussed.
Matthew Lockwood
- Published in print:
- 2017
- Published Online:
- January 2018
- ISBN:
- 9780300217063
- eISBN:
- 9780300227864
- Item type:
- chapter
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300217063.003.0010
- Subject:
- History, British and Irish Modern History
The conclusion reiterates the centrality of the coroner system and its oversight in the monopolization of violence, state formation, and the growth of state power by creating and delineating new ...
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The conclusion reiterates the centrality of the coroner system and its oversight in the monopolization of violence, state formation, and the growth of state power by creating and delineating new definitions of legitimate and illegitimate violence. It also examines the resulting decline of extra-judicial violence—blood feud, vendetta etc.—and subsequent attempts by the English state to target and control non-lethal forms of non-state violence such as riot and assault. Finally, the conclusion offers some initial comparisons with continental Europe and suggests that the trends seen in England may have been mirrored by similar attempts to monopolize violence in the Holy Roman Empire.Less
The conclusion reiterates the centrality of the coroner system and its oversight in the monopolization of violence, state formation, and the growth of state power by creating and delineating new definitions of legitimate and illegitimate violence. It also examines the resulting decline of extra-judicial violence—blood feud, vendetta etc.—and subsequent attempts by the English state to target and control non-lethal forms of non-state violence such as riot and assault. Finally, the conclusion offers some initial comparisons with continental Europe and suggests that the trends seen in England may have been mirrored by similar attempts to monopolize violence in the Holy Roman Empire.
Christopher Pavsek
- Published in print:
- 2013
- Published Online:
- November 2015
- ISBN:
- 9780231160995
- eISBN:
- 9780231530811
- Item type:
- chapter
- Publisher:
- Columbia University Press
- DOI:
- 10.7312/columbia/9780231160995.003.0004
- Subject:
- Film, Television and Radio, Film
This chapter studies four of Alexander Kluge's major film and video works. Kluge's early documentary on the Nuremberg Party Grounds, Brutality in Stone (1961), is often described as an experimental ...
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This chapter studies four of Alexander Kluge's major film and video works. Kluge's early documentary on the Nuremberg Party Grounds, Brutality in Stone (1961), is often described as an experimental or critical documentary about the legacy of National Socialism, portrayed primarily through an exploration of the monumental architecture of the Nazi period. Yesterday Girl (1965) works against the mythology of the German “zero hour” after the World War II, in which the traumas of the past were repressed, while The Assault of the Present (1985) is concerned by the “temporal imperialism” of the New Media. The Fruits of Trust (2009) attempts to nurture the utopian principle of cinema within the seemingly hostile medium of television in an era marked simultaneously by the “timelessness of the earthly eternity” of capitalism, and a growing economic and environmental crisis that suggests that human beings' time on Earth might be all too limited.Less
This chapter studies four of Alexander Kluge's major film and video works. Kluge's early documentary on the Nuremberg Party Grounds, Brutality in Stone (1961), is often described as an experimental or critical documentary about the legacy of National Socialism, portrayed primarily through an exploration of the monumental architecture of the Nazi period. Yesterday Girl (1965) works against the mythology of the German “zero hour” after the World War II, in which the traumas of the past were repressed, while The Assault of the Present (1985) is concerned by the “temporal imperialism” of the New Media. The Fruits of Trust (2009) attempts to nurture the utopian principle of cinema within the seemingly hostile medium of television in an era marked simultaneously by the “timelessness of the earthly eternity” of capitalism, and a growing economic and environmental crisis that suggests that human beings' time on Earth might be all too limited.
Jason W. Smith
- Published in print:
- 2018
- Published Online:
- January 2019
- ISBN:
- 9781469640440
- eISBN:
- 9781469640464
- Item type:
- chapter
- Publisher:
- University of North Carolina Press
- DOI:
- 10.5149/northcarolina/9781469640440.003.0008
- Subject:
- History, Environmental History
The epilogue tracks the evolution of naval science and its relationship to the broader scientific world into the Twentieth and Twenty-First centuries with attention to the growing strategic role of ...
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The epilogue tracks the evolution of naval science and its relationship to the broader scientific world into the Twentieth and Twenty-First centuries with attention to the growing strategic role of cartography, oceanography, and marine science within the Cold War national security state, the emergence of submarine warfare, and the militarization of science in weaponizing nature itself. The epilogue argues that while science became even more central to strategic discourse and naval warfare more generally, it continued to have a fraught place within the Navy’s ranks and its significance was not continuously appreciated among naval leaders even as the U.S. Marine Corps in the interwar period placed strategic knowledge of the natural world at the foundation of its emerging amphibious assault doctrine. Finally, the epilogue makes some general claims about the significance of the marine environment to naval affairs in the present day by linking the Navy’s strategic visions to a marine environment made more violent and dynamic by the influence of climate change as well as the renewed importance of hydrographers historic methods and data as baselines from which to understand the degree of change in the world’s oceans.Less
The epilogue tracks the evolution of naval science and its relationship to the broader scientific world into the Twentieth and Twenty-First centuries with attention to the growing strategic role of cartography, oceanography, and marine science within the Cold War national security state, the emergence of submarine warfare, and the militarization of science in weaponizing nature itself. The epilogue argues that while science became even more central to strategic discourse and naval warfare more generally, it continued to have a fraught place within the Navy’s ranks and its significance was not continuously appreciated among naval leaders even as the U.S. Marine Corps in the interwar period placed strategic knowledge of the natural world at the foundation of its emerging amphibious assault doctrine. Finally, the epilogue makes some general claims about the significance of the marine environment to naval affairs in the present day by linking the Navy’s strategic visions to a marine environment made more violent and dynamic by the influence of climate change as well as the renewed importance of hydrographers historic methods and data as baselines from which to understand the degree of change in the world’s oceans.
Peter Baldwin
- Published in print:
- 2010
- Published Online:
- November 2020
- ISBN:
- 9780195391206
- eISBN:
- 9780197562741
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780195391206.003.0008
- Subject:
- Earth Sciences and Geography, Regional Geography
It is Commonly Claimed that American society is crime-ridden and violent. Horrendous numbers of murders are committed, almost twice the per capita rate in 2004–05 of the nearest competitors, ...
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It is Commonly Claimed that American society is crime-ridden and violent. Horrendous numbers of murders are committed, almost twice the per capita rate in 2004–05 of the nearest competitors, Switzerland, Finland, and Sweden (figure 67). The death-by-assault rates in America are over three times the nearest European comparisons, Finland, followed by Portugal. That is without question. Such mayhem cannot be due simply to gun ownership, since by some accounts the Finns and the Swiss have a higher percentage of armed households than the Americans (figure 68). Firearms ownership, though highest in the United States per capita if measured by individual citizen, is not as far beyond the European numbers as one might expect from the horror stories of South Central or the South Bronx. According to the Graduate Institute of International Studies in Geneva, Americans own 97 firearms per hundred people, the Finns 69, the Swiss 61, the Swedes 40. Another survey, published by Tilburg University in the Netherlands, the Dutch Ministry of Justice, and two United Nations Institutes, reveals that percentage-wise there are more firearms in the hands of the residents of Zurich, Vienna, Stockholm, Rome, Reykjavik, Oslo, Madrid, Lisbon, Helsinki, and Athens than in those of New Yorkers. Indeed, the burghers of Helsinki, Berlin, Lisbon, Rome, Vienna, and Zurich own proportionately as many or more handguns as New Yorkers. To the extent that gun ownership and hunting overlap, the distinctions between the United States and Europe also fade. Svenska Jägarförbundet, the Swedish Hunters Association, has a membership (200,000) that is proportionately almost twice as high as what the National Rifl e Association claims (4 million). The Schweizer Schiesssportverband (Swiss Shooting Association) has a membership (85,000) that is relatively as high as the NRA’s. Its arguments against current proposals to regulate gun ownership in Switzerland more strictly sound many of the same themes that are heard in the United States, down to the slogan about people, not guns, doing the actual killing. The smaller Pro-Tell Society defends gun ownership as part of Switzerland’s liberal tradition. In Switzerland, of course, men oft en keep their military weapons at home.
Less
It is Commonly Claimed that American society is crime-ridden and violent. Horrendous numbers of murders are committed, almost twice the per capita rate in 2004–05 of the nearest competitors, Switzerland, Finland, and Sweden (figure 67). The death-by-assault rates in America are over three times the nearest European comparisons, Finland, followed by Portugal. That is without question. Such mayhem cannot be due simply to gun ownership, since by some accounts the Finns and the Swiss have a higher percentage of armed households than the Americans (figure 68). Firearms ownership, though highest in the United States per capita if measured by individual citizen, is not as far beyond the European numbers as one might expect from the horror stories of South Central or the South Bronx. According to the Graduate Institute of International Studies in Geneva, Americans own 97 firearms per hundred people, the Finns 69, the Swiss 61, the Swedes 40. Another survey, published by Tilburg University in the Netherlands, the Dutch Ministry of Justice, and two United Nations Institutes, reveals that percentage-wise there are more firearms in the hands of the residents of Zurich, Vienna, Stockholm, Rome, Reykjavik, Oslo, Madrid, Lisbon, Helsinki, and Athens than in those of New Yorkers. Indeed, the burghers of Helsinki, Berlin, Lisbon, Rome, Vienna, and Zurich own proportionately as many or more handguns as New Yorkers. To the extent that gun ownership and hunting overlap, the distinctions between the United States and Europe also fade. Svenska Jägarförbundet, the Swedish Hunters Association, has a membership (200,000) that is proportionately almost twice as high as what the National Rifl e Association claims (4 million). The Schweizer Schiesssportverband (Swiss Shooting Association) has a membership (85,000) that is relatively as high as the NRA’s. Its arguments against current proposals to regulate gun ownership in Switzerland more strictly sound many of the same themes that are heard in the United States, down to the slogan about people, not guns, doing the actual killing. The smaller Pro-Tell Society defends gun ownership as part of Switzerland’s liberal tradition. In Switzerland, of course, men oft en keep their military weapons at home.