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Sex, Culpability and the Defence of Provocation (Hardcover)
Loot Price: R4,446
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Sex, Culpability and the Defence of Provocation (Hardcover)
Series: Discourses of Law
Expected to ship within 12 - 17 working days
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The partial defence of provocation is one of the most controversial
doctrines within the criminal law. It has now been abolished in a
number of international jurisdictions. Addressing the trajectory of
debates about reform of the provocation defence across different
jurisdictions, Sex, Culpability and the Defence of Provocation
considers the construction and representation of subjectivity and
sexual difference in legal narrations of intimate partner homicide.
Undeniably, the most vexing exculpatory cultural narrative of our
times is that of a woman 'asking for it'. This book explores how
the process of judgment in a criminal trial involves not only the
drawing of inferences from the facts of a particular case, but also
operates to deliver a narrative. Law, it is argued, constructs a
narrative of how the female body incites male violence. And,
pursuing an approach that is informed by socio-legal studies,
literary theory and feminist theories of the body, Sex, Culpability
and the Defence of Provocation considers how this narrative is
constructed via a range of discursive practices that position woman
as a threat to masculine norms of propriety and autonomy. Once we
have a clear understanding of the significance of narrative in
legal decision-making, we can then formulate textual strategies of
resistance to the violence of law's victim-blaming narratives by
rewriting them.
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