Colonial Discourse and Gender in U.S. Criminal Courts

Author(s):  
Caroline Braunmühl
2019 ◽  
Vol 33 (1) ◽  
pp. 207-241
Author(s):  
Susana SáCouto ◽  
Leila Nadya Sadat ◽  
Patricia Viseur Sellers

AbstractInternational criminal tribunals have developed a number of legal theories designed to hold individuals responsible for their role in collective criminal conduct. These doctrines of criminal participation, known as modes of liability, are the subject of significant scholarly commentary. Yet missing from much of this debate, particularly as regards the International Criminal Court, has been an analysis of how current doctrine on modes of liability responds to the need to hold collective perpetrators criminally responsible for crimes of sexual and gender-based violence (SGBV). Indeed, many writings in this area of the law address perceived shortcomings in the theoretical underpinnings of modes of liability doctrine in the abstract but ignore the application of this doctrine in concreto. As a result, facially neutral writings on modes of liability may in fact be gendered in application, either because they fail to account for the specific characteristics of sexual and gender-based violence or because they are applied in a manner that requires higher thresholds for finding culpability for the commission of SGBV crimes. This article fills the gap between theory and practice, examining past and present doctrine, and suggesting ways in which the treatment of modes of liability by international criminal courts and tribunals can both properly respond to the need for personal culpability and the dangers of collective criminal activity, particularly as regards SGBV crimes.


2017 ◽  
Vol 7 (4) ◽  
pp. 11
Author(s):  
Samia Kholoussi

This research re-examines “cultural hybridity” from an Arab female standpoint. The concept is widely researched in post-colonial discourse, and in texts of bi-cultural Arab women, it is re-envisioned in the light of the specificity of their experience. Amidst a maze of proliferating theories, the study utilizes critical discussions in post-colonial discourse pertinent to the central argument namely; what does it mean to be hybrid for Arab women, and how do they perform cultural hybridity in their autobiographical writing? This study sets itself is to formulate a framework that allows us to talk about Arab women’s autobiography in this context. It explores a space that would take into account ethnic and gender linked issues to investigate alternatives for Arab female self-identification in cultural hybrid contexts. For case study, I use Assia Djebar’s Fantasia: An Algerian Cavalcade (1985) and Ahdaf Soueif’s In the Eye of the Sun (1992) as texts as growing out of, and emerging against the culturally hybrid reality in which the autobiographical persona finds herself; a reality from which these self -representations evolve and authors begin to tell their stories. The study yields inferences regarding the potential of interstitial subjectivities as catalyst for agency, and a site of resistance and subversion. Cultural hybrid reality, for Arab women, is a site of contested and complex identities. It opens up a playing field of performative contestation in which identity thrives in ongoing endeavor to reformulate the debates on assimilation, integration, and identity politics within such a discursive territory.


2004 ◽  
Vol 38 (1) ◽  
pp. 227-251 ◽  
Author(s):  
Teresa Hubel

Contemporary scholars struggling to keep their work politically meaningful and efficacious often, with the best of intentions, invoke the triad of race, gender and class. But though this three-part mantra is persistently and even passionately recited, usually in the introductory paragraphs of a scholarly piece, ‘attentive listening,’ as historian Douglas M. Peers asserts, ‘reveals that class is sounded with little more than a whisper’ (825). Unlike the other two, class largely remains an under-explored and, consequently, little understood category of experience and inquiry. I can say with certainty that this is true in my own field of postcolonial studies, with its sub-discipline of colonial discourse analysis. In part because of the politically justifiable emphasis on race in postcolonial research and theory (and only later, through feminist insistence, was that emphasis broadened to include gender), we have yet to develop as sustained, various, and subtle a critique of class as that which now exists for race and gender.


2006 ◽  
Vol 12 (1) ◽  
pp. 115-135
Author(s):  
Lesley A. Erickson

Abstract In the brief fifteen-year period between the outbreak of World War I and the onset of the Depression a significant number of agricultural labourers stood accused in western Canadian criminal courts for raping, indecently assaulting, or seducing farm women or their daughters. These “hired hand” cases provide an opportunity to explore how considerations of class, ethnicity, and gender shaped both the nature of sexual conflict and violence during the settlement period and the meanings that western Canadians attached to it. Cases of gender and class conflict between farm hands and farm women belied Utopian visions of the West that depicted the region as a land that was free of the class and gender restraints that typified the Old World. Sex crime prosecutions served as a means for the criminal courts and farm families to identify and punish men and women, who, for complex reasons, did not share the values or live up to the ideals of the emerging capitalistic society.


2020 ◽  
Vol 29 (4) ◽  
pp. 2097-2108
Author(s):  
Robyn L. Croft ◽  
Courtney T. Byrd

Purpose The purpose of this study was to identify levels of self-compassion in adults who do and do not stutter and to determine whether self-compassion predicts the impact of stuttering on quality of life in adults who stutter. Method Participants included 140 adults who do and do not stutter matched for age and gender. All participants completed the Self-Compassion Scale. Adults who stutter also completed the Overall Assessment of the Speaker's Experience of Stuttering. Data were analyzed for self-compassion differences between and within adults who do and do not stutter and to predict self-compassion on quality of life in adults who stutter. Results Adults who do and do not stutter exhibited no significant differences in total self-compassion, regardless of participant gender. A simple linear regression of the total self-compassion score and total Overall Assessment of the Speaker's Experience of Stuttering score showed a significant, negative linear relationship of self-compassion predicting the impact of stuttering on quality of life. Conclusions Data suggest that higher levels of self-kindness, mindfulness, and social connectedness (i.e., self-compassion) are related to reduced negative reactions to stuttering, an increased participation in daily communication situations, and an improved overall quality of life. Future research should replicate current findings and identify moderators of the self-compassion–quality of life relationship.


2019 ◽  
Vol 62 (11) ◽  
pp. 4001-4014
Author(s):  
Melanie Weirich ◽  
Adrian Simpson

Purpose The study sets out to investigate inter- and intraspeaker variation in German infant-directed speech (IDS) and considers the potential impact that the factors gender, parental involvement, and speech material (read vs. spontaneous speech) may have. In addition, we analyze data from 3 time points prior to and after the birth of the child to examine potential changes in the features of IDS and, particularly also, of adult-directed speech (ADS). Here, the gender identity of a speaker is considered as an additional factor. Method IDS and ADS data from 34 participants (15 mothers, 19 fathers) is gathered by means of a reading and a picture description task. For IDS, 2 recordings were made when the baby was approximately 6 and 9 months old, respectively. For ADS, an additional recording was made before the baby was born. Phonetic analyses comprise mean fundamental frequency (f0), variation in f0, the 1st 2 formants measured in /i: ɛ a u:/, and the vowel space size. Moreover, social and behavioral data were gathered regarding parental involvement and gender identity. Results German IDS is characterized by an increase in mean f0, a larger variation in f0, vowel- and formant-specific differences, and a larger acoustic vowel space. No effect of gender or parental involvement was found. Also, the phonetic features of IDS were found in both spontaneous and read speech. Regarding ADS, changes in vowel space size in some of the fathers and in mean f0 in mothers were found. Conclusion Phonetic features of German IDS are robust with respect to the factors gender, parental involvement, speech material (read vs. spontaneous speech), and time. Some phonetic features of ADS changed within the child's first year depending on gender and parental involvement/gender identity. Thus, further research on IDS needs to address also potential changes in ADS.


2020 ◽  
Vol 63 (7) ◽  
pp. 2054-2069
Author(s):  
Brandon Merritt ◽  
Tessa Bent

Purpose The purpose of this study was to investigate how speech naturalness relates to masculinity–femininity and gender identification (accuracy and reaction time) for cisgender male and female speakers as well as transmasculine and transfeminine speakers. Method Stimuli included spontaneous speech samples from 20 speakers who are transgender (10 transmasculine and 10 transfeminine) and 20 speakers who are cisgender (10 male and 10 female). Fifty-two listeners completed three tasks: a two-alternative forced-choice gender identification task, a speech naturalness rating task, and a masculinity/femininity rating task. Results Transfeminine and transmasculine speakers were rated as significantly less natural sounding than cisgender speakers. Speakers rated as less natural took longer to identify and were identified less accurately in the gender identification task; furthermore, they were rated as less prototypically masculine/feminine. Conclusions Perceptual speech naturalness for both transfeminine and transmasculine speakers is strongly associated with gender cues in spontaneous speech. Training to align a speaker's voice with their gender identity may concurrently improve perceptual speech naturalness. Supplemental Material https://doi.org/10.23641/asha.12543158


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