scholarly journals Why Criminalise Coercive Control? The Complicity of the Criminal Law in Punishing Women Through Furthering the Power of the State

2021 ◽  
Vol 9 (4) ◽  
Author(s):  
Sandra Walklate ◽  
Kate Fitz-Gibbon
Keyword(s):  
Domestic Violence ◽  
Criminal Law ◽  
The State ◽  
Limited Attention ◽  
Coercive Control ◽  
Women’S Experiences ◽  
Legal Response ◽  
Women's Experiences ◽  
The Law

Moves to criminalise coercive and controlling behaviours are hotly debated. In jurisdictions where the legal response to domestic violence has incorporated coercive control, the efficacy of such interventions has yet to be established. Within this debate, limited attention has been paid to the extent to which such moves challenge or endorse legal understandings of the ‘responsible subject’ (Lacey 2016). This article will consider the failure of both the law in theory and the law in practice to address this feature in the debates surrounding coercive control. We suggest that this failure may result in the reassertion of traditional conceptions of responsibility. Or, as Naffine (1990) might say, a reconsideration of the unintended impacts of the prevailing influence of the rational, entrepreneurial, heterosexual, white man of law. Consequently, any law intended to offer an avenue for understanding women’s experiences of coercive control can reassert women as victims to be blamed for those same experiences and sustain the power of the patriarchal state in responding to such violence.

PERSINGGUNGAN KEWENANGAN MENGADILI PENYALAHGUNAAN DISKRESI ANTARA PENGADILAN TUN DAN PENGADILAN TIPIKOR / INTERCEPTION OF JUSTICE AUTHORITY OF DISCRETION ABUSE BETWEEN ADMINISTRATION COURT AND CORRUPTION COURTS

2018 ◽  
Vol 7 (2) ◽  
pp. 213
Author(s):  
Budi Suhariyanto
Keyword(s):  
Supreme Court ◽  
Criminal Law ◽  
Administrative Law ◽  
The State ◽  
Government Officials ◽  
Criminal Process ◽  
The Supreme Court ◽  
State Finance ◽  
The Law ◽  
To Receive

Diskresi sebagai wewenang bebas, keberadaannya rentan akan disalahgunakan. Penyalahgunaan diskresi yang berimplikasi merugikan keuangan negara dapat dituntutkan pertanggungjawabannya secara hukum administrasi maupun hukum pidana. Mengingat selama ini peraturan perundang-undangan tentang pemberantasan tindak pidana korupsi tidak merumuskan secara rinci yang dimaksudkan unsur menyalahgunakan kewenangan maka para hakim menggunakan konsep penyalahgunaan wewenang dari hukum administrasi. Problema muncul saat diberlakukannya Undang-Undang Nomor 30 Tahun 2014 dimana telah memicu persinggungan dalam hal kewenangan mengadili penyalahgunaan wewenang (termasuk diskresi) antara Pengadilan Tata Usaha Negara dengan Pengadilan Tindak Pidana Korupsi. Pada perkembangannya, persinggungan kewenangan mengadili tersebut ditegaskan oleh Peraturan Mahkamah Agung Nomor 4 Tahun 2015 bahwa PTUN berwenang menerima, memeriksa, dan memutus permohonan penilaian ada atau tidak ada penyalahgunaan wewenang (termasuk diskresi) dalam Keputusan dan/atau Tindakan Pejabat Pemerintahan sebelum adanya proses pidana. Sehubungan tidak dijelaskan tentang definisi dan batasan proses pidana yang dimaksud, maka timbul penafsiran yang berbeda. Perlu diadakan kesepakatan bersama dan dituangkan dalam regulasi tentang tapal batas persinggungan yang jelas tanpa meniadakan kewenangan pengujian penyalahgunaan wewenang diskresi pada Pengadilan TUN.Discretion as free authority is vulnerable to being misused. The abuse of discretion implicating the state finance may be prosecuted by both administrative and criminal law. In view of the fact that the law on corruption eradication does not formulate in detail the intended element of authority abuse, the judges use the concept of authority abuse from administrative law. Problems arise when the enactment of Law No. 30 of 2014 triggered an interception in terms of justice/ adjudicate authority on authority abuse (including discretion) between the Administrative Court and Corruption Court. In its development, the interception of justice authority is affirmed by Regulation of the Supreme Court Number 4 of 2015 that the Administrative Court has the authority to receive, examine and decide upon the appeal there is or there is no misuse of authority in the Decision and / or Action of Government Officials prior to the criminal process. That is, shortly before the commencement of the criminal process then that's when the authority of PTUN decides to judge the misuse of authority over the case. In this context, Perma No. 4 of 2015 has imposed restrictions on the authority of the TUN Court in prosecuting the abuse of discretionary authority.

scholarly journals Muslim women’s experiences of domestic violence in the Nelson Mandela metropole: a qualitative study

2003 ◽  
Vol 8 (4) ◽  
pp. 38-55 ◽  
Author(s):  
Razia Nordien ◽  
Nicky Alpaslan ◽  
Blanche Pretorius
Keyword(s):  
Domestic Violence ◽  
Qualitative Study ◽  
Full Text ◽  
Muslim Women ◽  
Women’S Experiences ◽  
Nelson Mandela ◽  
Women's Experiences

This article provides a reflection on the experiences of Muslim women with regard to domestic violence. Opsomming Hierdie artikel werp ‘n blik op Moslemvroue se ervarings van huweliksgeweld. *Please note: This is a reduced version of the abstract. Please refer to PDF for full text.

scholarly journals Women's Experiences of the Justice System

1997 ◽  
Vol 27 (4) ◽  
pp. 649
Author(s):  
J Morris
Keyword(s):  
New Zealand ◽  
Justice System ◽  
Access To Justice ◽  
Women’S Experiences ◽  
Women's Experiences ◽  
The Law ◽  
The Impact ◽  
Law Commission

This article considers the impact of gender upon women's experiences of the New Zealand justice system, as lawyers and clients. As well as summarising study and survey material, it draws upon information provided to the Law Commission in the course of its project on Women's Acces to Justice: He Putanga mo nga Wahine ki te Tika. It concludes that women are still significantly disadvantaged by the justice system as a result of their gender and that there is an ongoing need for debate and consideration of these issues if women's access to justice is to be improved.

scholarly journals The Incredible Woman: Power and Sexual Politics by Jocelynne A Scutt

2000 ◽  
Vol 31 (4) ◽  
pp. 867
Author(s):  
Sandra Petersson
Keyword(s):  
Political Change ◽  
Sexual Politics ◽  
Legal Scholarship ◽  
Women’S Experiences ◽  
Women's Experiences ◽  
Raising Awareness ◽  
The Law ◽  
Feminist Legal Scholarship

This article is a book review of Jocelynne A Scutt The Incredible Woman: Power and Sexual Politics (Artemis Publishing, Melbourne, 1997) (vol 1, 336 + xiv pages, $AUS34.95; vol 2, 354 + xvii pages, $AUS34.95). The book is an anthology of scholarship that acts as a catalogue of the wrong standards that the law has applied to women's performances and women's experiences. Petersson stresses the importance of this book for feminist legal scholarship as it increases the volume of such works, increasing the possibility of political change. Scutt's book is praised for being an exemplary voice for raising awareness in this area by making the message clear and accessible. 

scholarly journals Women’s experiences of referral to a domestic violence advocate in UK primary care settings: a service-user collaborative study

2014 ◽  
Vol 64 (620) ◽  
pp. e151-e158 ◽  
Author(s):  
Alice Malpass ◽  
Kim Sales ◽  
Medina Johnson ◽  
Annie Howell ◽  
Roxane Agnew-Davies ◽  
...  
Keyword(s):  
Primary Care ◽  
Domestic Violence ◽  
Service User ◽  
Collaborative Study ◽  
Women’S Experiences ◽  
Women's Experiences ◽  
Primary Care Settings

Women, Race, and the Law in Early America

2015 ◽  
Author(s):  
Terri L. Snyder
Keyword(s):  
Women Of Color ◽  
Legal Status ◽  
18Th Century ◽  
Women's Status ◽  
Early America ◽  
Women’S Experiences ◽  
Women’S Status ◽  
Women's Experiences ◽  
The Law ◽  
Revolutionary America

Everywhere across European and Indigenous settlements in 17th- and 18th-century North America and the Caribbean, the law or legal practices shaped women’s status and conditioned their dependency, regardless of race, age, marital status, or place of birth. Historians have focused much of their attention on the legal status, powers, and experiences of women of European origin across the colonies and given great consideration to the law of domestic relations, the legal disabilities of coverture, and women’s experiences as plaintiffs and defendants, both civil and criminal, in colonial courts. Early American legalities, however, differed markedly for women of color—whether free, indentured, or enslaved, and whether Native or African in origin or descent—whose relationships to the legal regimes of early America were manifold and complex. In their status under the law, experiences at the bar, and, as a result, positions in household polities, women of color reckoned with a set of legalities that differed from those of their European counterparts. The diversity of women’s experiences of the law was shaped not only by race but also by region: Indigenous people had what one historian has labeled jurispractices, while Europeans brought and created a jurisprudence of race and status that shaped treatments of women of color across imperial spaces. A widely comparative analysis of women and the law reflects ways in which race shaped women’s status under and experiences of the law as well as the legalities of their marriages in pre-Revolutionary America.

scholarly journals Coping with domestic violence: women's voices in Bangladesh

2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Marc van der Putten ◽  
Amee Nur-E-Jannat
Keyword(s):  
Domestic Violence ◽  
Research Approach ◽  
Gender Inequalities ◽  
Research Issues ◽  
Content Type ◽  
Women's Voices ◽  
Ways Of Coping ◽  
Women’S Experiences ◽  
Women's Experiences ◽  
Emic Perspective

PurposeThis paper aims offer a benchmark by providing an account of women's experiences with domestic violence in Bangladesh and develops illustrations on coping with abuse.Design/methodology/approachA case study design was adopted, applying an emic perspective in employing a qualitative research approach to explore and describe women's experiences with and perceptions about domestic violence and their ways of coping in Sherpur District, Bangladesh. In total 25 recently married women participants were purposively sampled by snowballing. In-depth interview data facilitated a latent thematic content analysis.FindingsThe findings indicate that women adopt a range of responses to domestic violence. Two key aspects of coping surfaced in the narratives: (1) emotion-driven and (2) problem-driven approaches to abusive situations. Findings point to a range of research issues that require further study such as domestic violence and taboo; somatization; structural gender inequalities; male perpetrators; family dynamics and the intersections of these issues and contexts.Originality/valueA more proactive way of coping resulted in resilience amidst an abusive environment, whereas passive ways of coping led to a life in distress. It is important however, to understand ways of coping as a continuum rather than a dichotomy.

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