Marilyn Friedman
- Published in print:
- 2003
- Published Online:
- February 2006
- ISBN:
- 9780195138504
- eISBN:
- 9780199785902
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195138503.003.0007
- Subject:
- Philosophy, Feminist Philosophy
This chapter examines autonomy in regard to domestic violence. It discusses how intimate partner abuse diminishes autonomy. It is argued that professional care-givers should usually provide ...
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This chapter examines autonomy in regard to domestic violence. It discusses how intimate partner abuse diminishes autonomy. It is argued that professional care-givers should usually provide uncritical support for abused women who choose to remain in abusive relationships rather than trying rationally to persuade them to change their minds. Legal policy must treat individual cases with consideration for the material and symbolic impact of that treatment on a whole population.Less
This chapter examines autonomy in regard to domestic violence. It discusses how intimate partner abuse diminishes autonomy. It is argued that professional care-givers should usually provide uncritical support for abused women who choose to remain in abusive relationships rather than trying rationally to persuade them to change their minds. Legal policy must treat individual cases with consideration for the material and symbolic impact of that treatment on a whole population.
Jane Mcadam
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199587087
- eISBN:
- 9780191738494
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199587087.003.0011
- Subject:
- Law, Public International Law
This chapter presents some concluding thoughts. This book has argued that legal responses to climate change-related movement must be carefully informed by empirical evidence about its nature, timing, ...
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This chapter presents some concluding thoughts. This book has argued that legal responses to climate change-related movement must be carefully informed by empirical evidence about its nature, timing, and underlying causes. If they are developed in the abstract, they risk being not only non-responsive, but possibly maladaptive, which may make already precarious situations worse. International law does not contain all the answers to resolving climate change-related displacement and facilitating pre-emptive movement. Human rights concepts are often used in climate change discussions in a broad, ethical sense, rather than in a technical, legal sense, such that ‘the assertion of universal human rights is not, at base, a legal assertion at all; it is first a moral or political assertion, and as such frequently carries greater weight and authority than its narrower legal cousin’. However, the boundaries which international law sets for State conduct, and the rights it recognizes for individuals and groups, provide important, normative parameters to guide and shape legal and policy development in a human rights-centric manner.Less
This chapter presents some concluding thoughts. This book has argued that legal responses to climate change-related movement must be carefully informed by empirical evidence about its nature, timing, and underlying causes. If they are developed in the abstract, they risk being not only non-responsive, but possibly maladaptive, which may make already precarious situations worse. International law does not contain all the answers to resolving climate change-related displacement and facilitating pre-emptive movement. Human rights concepts are often used in climate change discussions in a broad, ethical sense, rather than in a technical, legal sense, such that ‘the assertion of universal human rights is not, at base, a legal assertion at all; it is first a moral or political assertion, and as such frequently carries greater weight and authority than its narrower legal cousin’. However, the boundaries which international law sets for State conduct, and the rights it recognizes for individuals and groups, provide important, normative parameters to guide and shape legal and policy development in a human rights-centric manner.
Rashmi Goel and Leigh Goodmark (eds)
- Published in print:
- 2015
- Published Online:
- November 2015
- ISBN:
- 9780199346578
- eISBN:
- 9780190258047
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199346578.001.0001
- Subject:
- Social Work, Crime and Justice
The United States has uncritically exported its law and policy on gender violence without regard to effectiveness or cultural context, and without asking what we might learn from efforts to combat ...
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The United States has uncritically exported its law and policy on gender violence without regard to effectiveness or cultural context, and without asking what we might learn from efforts to combat gender violence in the rest of the world. This book asks that question. Surveying the legal regimes from countries in which the legal response is just developing to countries that have had law and policy in place for decades and informed by the international human rights framework, the book documents the scope of the problem of gender violence around the world, the policy successes and failures, and the grassroots efforts to ensure a robust and proactive response in countries from China to Chile. From the work of activists to stem the tide of sexual and intimate partner violence after the Haitian earthquake of 2005, to the efforts to eradicate dowry-related violence in India, to the public education campaigns to prevent domestic violence in Scotland, the book offers a comprehensive vision of global efforts to eradicate gender based violence. Featuring the work of leading gender violence academics and activists around the world.Less
The United States has uncritically exported its law and policy on gender violence without regard to effectiveness or cultural context, and without asking what we might learn from efforts to combat gender violence in the rest of the world. This book asks that question. Surveying the legal regimes from countries in which the legal response is just developing to countries that have had law and policy in place for decades and informed by the international human rights framework, the book documents the scope of the problem of gender violence around the world, the policy successes and failures, and the grassroots efforts to ensure a robust and proactive response in countries from China to Chile. From the work of activists to stem the tide of sexual and intimate partner violence after the Haitian earthquake of 2005, to the efforts to eradicate dowry-related violence in India, to the public education campaigns to prevent domestic violence in Scotland, the book offers a comprehensive vision of global efforts to eradicate gender based violence. Featuring the work of leading gender violence academics and activists around the world.
Joshua Nathan Aston
- Published in print:
- 2016
- Published Online:
- October 2016
- ISBN:
- 9780199468171
- eISBN:
- 9780199087334
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199468171.003.0004
- Subject:
- Law, Human Rights and Immigration
Chapter 3 of the book highlights the severity of the crime and the various conventions and protocols enforced in combating the crime. It emphasises on the importance of a strong legal response to ...
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Chapter 3 of the book highlights the severity of the crime and the various conventions and protocols enforced in combating the crime. It emphasises on the importance of a strong legal response to fight human trafficking and highlights various legislations and legal framework enacted and enforced across the world at various levels. It also emphasizes the effectiveness of the international legal responses highlighting the weaknesses and flaws in these legislations, both at the international, domestic, regional and national level. The chapter further explains the enforcement of anti-trafficking laws at the domestic and regional level based on the International Law and the UN conventions and protocols. The role of the ICC statute in combating trafficking with the help of its provisions in identifying this crime, the victims and the extent of exploitation and the provisions for prosecution of the traffickers have also been discussed in this chapter.Less
Chapter 3 of the book highlights the severity of the crime and the various conventions and protocols enforced in combating the crime. It emphasises on the importance of a strong legal response to fight human trafficking and highlights various legislations and legal framework enacted and enforced across the world at various levels. It also emphasizes the effectiveness of the international legal responses highlighting the weaknesses and flaws in these legislations, both at the international, domestic, regional and national level. The chapter further explains the enforcement of anti-trafficking laws at the domestic and regional level based on the International Law and the UN conventions and protocols. The role of the ICC statute in combating trafficking with the help of its provisions in identifying this crime, the victims and the extent of exploitation and the provisions for prosecution of the traffickers have also been discussed in this chapter.
Heather Douglas
- Published in print:
- 2021
- Published Online:
- March 2021
- ISBN:
- 9780190071783
- eISBN:
- 9780190071813
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190071783.003.0009
- Subject:
- Social Work, Crime and Justice
This chapter considers women’s dynamic experiences of leaving violent relationships in the shadow of static legal understandings of separation and the ongoing dangers women face when they engage with ...
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This chapter considers women’s dynamic experiences of leaving violent relationships in the shadow of static legal understandings of separation and the ongoing dangers women face when they engage with legal systems and processes. When women are trying to separate, sometimes law is the one thing that keeps bringing them back into contact with their abuser. This chapter highlights women’s experiences of separation as a process and journey rather than a single moment in time. Drawing on the experiences of some of the women in the study, two areas of law where separation underpins the legal response are highlighted: the migration and visa system and the family law system.Less
This chapter considers women’s dynamic experiences of leaving violent relationships in the shadow of static legal understandings of separation and the ongoing dangers women face when they engage with legal systems and processes. When women are trying to separate, sometimes law is the one thing that keeps bringing them back into contact with their abuser. This chapter highlights women’s experiences of separation as a process and journey rather than a single moment in time. Drawing on the experiences of some of the women in the study, two areas of law where separation underpins the legal response are highlighted: the migration and visa system and the family law system.
Joshua Nathan Aston
- Published in print:
- 2016
- Published Online:
- October 2016
- ISBN:
- 9780199468171
- eISBN:
- 9780199087334
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199468171.003.0003
- Subject:
- Law, Human Rights and Immigration
Chapter 2 focuses on the state’s obligation under International Human Rights Law, International Labour Law and International Criminal Law in order to prevent the hideous act of trafficking in ...
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Chapter 2 focuses on the state’s obligation under International Human Rights Law, International Labour Law and International Criminal Law in order to prevent the hideous act of trafficking in persons. It gives a brief description of the conventions and the legal framework adopted by the International Labour Organization. The chapter further deals with the legal prohibitions against human trafficking; and focuses on effective legal responses in dealing with human trafficking, highlights the gender perspective and the role of women in human trafficking. Furthermore, the chapter discusses and highlights the responses of law enforcement against human trafficking at various regions across the world giving a region-wise outlook.Less
Chapter 2 focuses on the state’s obligation under International Human Rights Law, International Labour Law and International Criminal Law in order to prevent the hideous act of trafficking in persons. It gives a brief description of the conventions and the legal framework adopted by the International Labour Organization. The chapter further deals with the legal prohibitions against human trafficking; and focuses on effective legal responses in dealing with human trafficking, highlights the gender perspective and the role of women in human trafficking. Furthermore, the chapter discusses and highlights the responses of law enforcement against human trafficking at various regions across the world giving a region-wise outlook.
Michael Freeman, Sarah Hawkes, and Belinda Bennett (eds)
- Published in print:
- 2014
- Published Online:
- August 2014
- ISBN:
- 9780199688999
- eISBN:
- 9780191768118
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199688999.001.0001
- Subject:
- Law, Medical Law
This book is based upon an annual colloquium held at University College London. Each year leading scholars from around the world gather to discuss the relationship between law and another discipline ...
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This book is based upon an annual colloquium held at University College London. Each year leading scholars from around the world gather to discuss the relationship between law and another discipline of thought. Each colloquium examines how the external discipline is conceived in legal thought and argument, how the law is pictured in that discipline, and analyses points of controversy in the use, and abuse, of extra-legal arguments within legal theory and practice. This book, the sixteenth volume in the Current Legal Issues series, offers an insight into the scholarship examining the relationship between global health and the law. Covering a wide range of areas from all over the world, chapters in the volume look at areas of human rights, vulnerable populations, ethical issues, legal responses, and governance.Less
This book is based upon an annual colloquium held at University College London. Each year leading scholars from around the world gather to discuss the relationship between law and another discipline of thought. Each colloquium examines how the external discipline is conceived in legal thought and argument, how the law is pictured in that discipline, and analyses points of controversy in the use, and abuse, of extra-legal arguments within legal theory and practice. This book, the sixteenth volume in the Current Legal Issues series, offers an insight into the scholarship examining the relationship between global health and the law. Covering a wide range of areas from all over the world, chapters in the volume look at areas of human rights, vulnerable populations, ethical issues, legal responses, and governance.
- Published in print:
- 2004
- Published Online:
- March 2013
- ISBN:
- 9780226983578
- eISBN:
- 9780226983592
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226983592.003.0001
- Subject:
- Law, Criminal Law and Criminology
This chapter presents three case studies illustrating the extraordinary recent history of legal responses to problematic sexual activities of children and teens in the United States. It intends to ...
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This chapter presents three case studies illustrating the extraordinary recent history of legal responses to problematic sexual activities of children and teens in the United States. It intends to provide an introduction to that part of the legal system concerned with child and adolescent sexual misconduct and to some troublesome trends in legal policy. Like other states in recent years, Idaho passed legislation in 1998 establishing the Sexual Offender Registration, Notification, and Community Right-to-Know Act. The first section of this statute contains a set of legislative findings which rehearses the factual assumptions that are the premises on which the regulatory scheme is based. The Idaho offender registration findings assert that sexual offenders present a significant risk of re-offending and that providing public access to information about such offenders assists parents in the protection of their children.Less
This chapter presents three case studies illustrating the extraordinary recent history of legal responses to problematic sexual activities of children and teens in the United States. It intends to provide an introduction to that part of the legal system concerned with child and adolescent sexual misconduct and to some troublesome trends in legal policy. Like other states in recent years, Idaho passed legislation in 1998 establishing the Sexual Offender Registration, Notification, and Community Right-to-Know Act. The first section of this statute contains a set of legislative findings which rehearses the factual assumptions that are the premises on which the regulatory scheme is based. The Idaho offender registration findings assert that sexual offenders present a significant risk of re-offending and that providing public access to information about such offenders assists parents in the protection of their children.
Leigh Goodmark
- Published in print:
- 2011
- Published Online:
- March 2016
- ISBN:
- 9780814732229
- eISBN:
- 9780814733431
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814732229.003.0009
- Subject:
- Law, Family Law
This chapter considers an extra-legal response to domestic violence, one that provides women with opportunities to seek justice without relying on the state-run justice system and creates ...
More
This chapter considers an extra-legal response to domestic violence, one that provides women with opportunities to seek justice without relying on the state-run justice system and creates opportunities for women's economic empowerment and economic security. A legal response anchored on anti-essentialist feminism also engages meaningfully with men who abuse their partners without subjecting them to state sanction, and enlists the wider community in establishing accountability for domestic violence. This chapter explores various options for battered women who want to seek justice, including restorative justice practices and community-based truth commissions. It also explains how community accountability for women abuse can be developed.Less
This chapter considers an extra-legal response to domestic violence, one that provides women with opportunities to seek justice without relying on the state-run justice system and creates opportunities for women's economic empowerment and economic security. A legal response anchored on anti-essentialist feminism also engages meaningfully with men who abuse their partners without subjecting them to state sanction, and enlists the wider community in establishing accountability for domestic violence. This chapter explores various options for battered women who want to seek justice, including restorative justice practices and community-based truth commissions. It also explains how community accountability for women abuse can be developed.
Augustine Brannigan
- Published in print:
- 2013
- Published Online:
- January 2014
- ISBN:
- 9780199674626
- eISBN:
- 9780191766893
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199674626.001.0001
- Subject:
- Law, Criminal Law and Criminology
This book is premised on the idea that genocide is a crime, and that it can be comprehended by sound criminological theories and methods. However, in contemporary social science, the first important ...
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This book is premised on the idea that genocide is a crime, and that it can be comprehended by sound criminological theories and methods. However, in contemporary social science, the first important contribution to genocide studies originated with Stanley Milgram and his experimental studies of obedience to authority in the 1960s. There has been considerable re-evaluation of original obedience paradigm since then, and a need to develop an approach that is better grounded intellectually. The book describes three paradoxes of genocide for criminology: the inauspicious motivation of the ordinary perpetrator, the frequent conventionalization of atrocities which often put them beyond the rule of law, and the enormous dark figure of victimization that resulted from this synergy. The book outlines the problems by which events are labelled, or failed to be labelled, as genocide, and proposes an explanation of them based on Elias’s theories of civilizing and de-civilizing processes. Where Elias attributes the Holocaust to the reversion to barbarism, it is suggested instead that the evidence is more consistent with the development of an ethic of over-control, akin to pathological altruism, as described in Durkheim’s typology of suicide. This perspective is applied to the 1994 genocide in Rwanda, and illustrates over-control through the concepts of administrative and ethnic ‘closure’. The balance of the book describes the three legal responses to genocide and analogous behaviours: criminal indictment, civil reparations and truth commissions. Finally, it is proposed that the key to genocide prevention is a renegotiation of the unbridled power of sovereigns.Less
This book is premised on the idea that genocide is a crime, and that it can be comprehended by sound criminological theories and methods. However, in contemporary social science, the first important contribution to genocide studies originated with Stanley Milgram and his experimental studies of obedience to authority in the 1960s. There has been considerable re-evaluation of original obedience paradigm since then, and a need to develop an approach that is better grounded intellectually. The book describes three paradoxes of genocide for criminology: the inauspicious motivation of the ordinary perpetrator, the frequent conventionalization of atrocities which often put them beyond the rule of law, and the enormous dark figure of victimization that resulted from this synergy. The book outlines the problems by which events are labelled, or failed to be labelled, as genocide, and proposes an explanation of them based on Elias’s theories of civilizing and de-civilizing processes. Where Elias attributes the Holocaust to the reversion to barbarism, it is suggested instead that the evidence is more consistent with the development of an ethic of over-control, akin to pathological altruism, as described in Durkheim’s typology of suicide. This perspective is applied to the 1994 genocide in Rwanda, and illustrates over-control through the concepts of administrative and ethnic ‘closure’. The balance of the book describes the three legal responses to genocide and analogous behaviours: criminal indictment, civil reparations and truth commissions. Finally, it is proposed that the key to genocide prevention is a renegotiation of the unbridled power of sovereigns.
Leigh Goodmark
- Published in print:
- 2011
- Published Online:
- March 2016
- ISBN:
- 9780814732229
- eISBN:
- 9780814733431
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814732229.003.0009
- Subject:
- Law, Family Law
This chapter considers an extra-legal response to domestic violence, one that provides women with opportunities to seek justice without relying on the state-run justice system and creates ...
More
This chapter considers an extra-legal response to domestic violence, one that provides women with opportunities to seek justice without relying on the state-run justice system and creates opportunities for women's economic empowerment and economic security. A legal response anchored on anti-essentialist feminism also engages meaningfully with men who abuse their partners without subjecting them to state sanction, and enlists the wider community in establishing accountability for domestic violence. This chapter explores various options for battered women who want to seek justice, including restorative justice practices and community-based truth commissions. It also explains how community accountability for women abuse can be developed.
Less
This chapter considers an extra-legal response to domestic violence, one that provides women with opportunities to seek justice without relying on the state-run justice system and creates opportunities for women's economic empowerment and economic security. A legal response anchored on anti-essentialist feminism also engages meaningfully with men who abuse their partners without subjecting them to state sanction, and enlists the wider community in establishing accountability for domestic violence. This chapter explores various options for battered women who want to seek justice, including restorative justice practices and community-based truth commissions. It also explains how community accountability for women abuse can be developed.
Mike Feintuck and Roz Stevens
- Published in print:
- 2013
- Published Online:
- September 2013
- ISBN:
- 9781447306238
- eISBN:
- 9781447310815
- Item type:
- chapter
- Publisher:
- Policy Press
- DOI:
- 10.1332/policypress/9781447306238.003.0005
- Subject:
- Sociology, Marriage and the Family
The focus here is on the outcomes of school admissions processes within the quasi-market. It considers how parents and pupils have experienced, and how schools and local authorities have reacted to, ...
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The focus here is on the outcomes of school admissions processes within the quasi-market. It considers how parents and pupils have experienced, and how schools and local authorities have reacted to, the realities of choice in admissions, the impact on social inequality, and the responses found in the relevant legal and administrative processes when parental preference has come into conflict with school admissions practice. Accountability in the exercise of decision-making power remains a central theme.Less
The focus here is on the outcomes of school admissions processes within the quasi-market. It considers how parents and pupils have experienced, and how schools and local authorities have reacted to, the realities of choice in admissions, the impact on social inequality, and the responses found in the relevant legal and administrative processes when parental preference has come into conflict with school admissions practice. Accountability in the exercise of decision-making power remains a central theme.
Joshua Nathan Aston
- Published in print:
- 2016
- Published Online:
- October 2016
- ISBN:
- 9780199468171
- eISBN:
- 9780199087334
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199468171.003.0008
- Subject:
- Law, Human Rights and Immigration
This is a conclusive chapter which provides the details of the findings of this research on human trafficking of women and children across the world. The findings and conclusion is followed by ...
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This is a conclusive chapter which provides the details of the findings of this research on human trafficking of women and children across the world. The findings and conclusion is followed by recommendations as to how to improve the legal responses and the enforcement mechanisms and the role of the United Nations and the ICC in combating human trafficking crime which has become the second largest illegal trade across the world.Less
This is a conclusive chapter which provides the details of the findings of this research on human trafficking of women and children across the world. The findings and conclusion is followed by recommendations as to how to improve the legal responses and the enforcement mechanisms and the role of the United Nations and the ICC in combating human trafficking crime which has become the second largest illegal trade across the world.
