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A law of her own : the reasonable woman as a measure of man / Caroline A. Forell and Donna M. Matthews ; foreword by Barbara Y. Welke.

LIBRA KF9325 .F67 2000
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Format:
Book
Author/Creator:
Forell, Caroline A.
Contributor:
Matthews, Donna M. (Donna Meredith)
Language:
English
Subjects (All):
Sex crimes--United States.
Sex crimes.
Sexual abuse victims--Legal status, laws, etc.
United States.
Criminal liability--United States.
Criminal liability.
Defense (Criminal procedure)--United States.
Defense (Criminal procedure).
Sexual abuse victims--Legal status, laws, etc--United States.
Sexual abuse victims.
Women--Legal status, laws, etc--United States.
Women.
Women--Legal status, laws, etc.
Physical Description:
xxii, 261 pages ; 24 cm
Place of Publication:
New York : New York University Press, [2000]
Summary:
Despite the apparent progress in women's legal status, the law retains a profoundly male bias, and as such contributes to the pervasive violence and injustice against women.
In A Law of Her Own, the authors propose to radically change law's fundamental paradigm by introducing a "reasonable woman standard" for measuring men's behavior. Advocating that courts apply this standard to the conduct of men -- and women -- in legal settings where women are overwhelmingly the injured parties, the authors seek to eliminate the victimization and objectification of women by dismantling part of the legal structure that supports their subordination.
A woman-based legal standard -- focusing on respect for bodily integrity, agency, and autonomy -- would help rectify the imbalance in how society and its legal system view sexual and gender-based harassment, rape, stalking, battery, domestic imprisonment, violence, and death.
Examining the bias of the existing "reasonable person" standard through analysis of various court cases and judicial decisions, A Law of Her Own aims to balance the law to incorporate women's values surrounding sex and violence.
Contents:
Locked in and locked out
The meaning of equality
Men, women, and sex at work
How and why different perspectives matter in hostile environment sexual harassment cases
Gender, race, sexual orientation, and the reasonable woman
The reasonable woman after Harris v. Forklift Systems
Stalking and the gendered meaning of reasonable fear
The continuum of stalking, sexual harassment, and domestic homicide
Slips in a dangerous game
"Provoked" intimate homicide
When battered women kill
Rape and the use and misuse of the reasonable woman.
Notes:
Includes bibliographical references (pages 243-254) and index.
ISBN:
0814726763
OCLC:
42072064

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