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Criminal Law and the Man Problem (Hardcover)
Loot Price: R2,619
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Criminal Law and the Man Problem (Hardcover)
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Men have always dominated the most basic precepts of the criminal
legal world - its norms, its priorities and its character. Men have
been the regulators and the regulated: the main subjects and
objects of criminal law and by far the more dangerous sex. And yet
men, as men, are still hardly talked about as the determining force
within criminal law or in its exegesis. This book brings men into
sharp focus, as the pervasively powerful interest group, whose
wants and preoccupations have shaped the discipline. This
constitutes the 'man problem' of criminal law. This new analysis
probes the unacknowledged thinking of generations of influential
legal men, which includes the psychological and legal techniques
that have obscured the operation of bias, even to the legal experts
themselves. It explains how men's interests have influenced the
most cherished legal norms, especially the rules of human contact,
which were designed to protect men from other men, while
specifically securing lawful sexual access to at least one woman.
The aim is to test the discipline's broadest commitments to
civility, and its trajectory towards the final resolution, when men
and women were declared to be equal and equivalent legal persons.
In the process it exposes the morally and intellectually limiting
consequences of male power.
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