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Contesting Femicide - Feminism and the Power of Law Revisited (Paperback)
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Contesting Femicide - Feminism and the Power of Law Revisited (Paperback)
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Focusing on femicide, this book provides a contemporary
re-evaluation of Carol Smart's innovative approach to the law
question as first outlined in her ground-breaking book, Feminism
and the Power of Law (Routledge 1989). Smart advocated turning to
the legal domain not so much for demanding law reforms as
construing it as a site on which to contest gender and more
particularly, gendered constructions of women's experiences. Over
the last 30 to 40 years, feminist law scholars and activists have
launched scathing trans-jurisdictional critiques of the operation
of provocation defences in hundreds of femicide cases. The evidence
unearthed by feminist scholars that these defences operate in
profoundly sexed ways is unequivocal. Accordingly, femicide cases
have become critically important sites for feminist engagement and
intervention across numerous jurisdictions. Exploring an area of
criminal law that was not one of Smart's own focal concerns, this
book both honours and extends Smart's work by approaching femicide
as a site of engagement and counter-discourse that calls into
question hegemonic representations of gendered relationships.
Femicide cases thus provide a way to continue the endlessly
valuable discursive work Smart advocated and practised in other
fields of law: both in articulating alternative accounts of
gendered relationships and in challenging law's power to disqualify
women's experiences of violence while privileging men's feelings
and rights.
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