Criminal law and the man problem / Ngaire Naffine.

Format:

Book

Author/Creator:

Naffine, Ngaire, author.

Language:

English

Subjects (All):

Feminist jurisprudence.

Sex discrimination in criminal justice administration.

Physical Description:

1 online resource (xiii, 205 pages)

Place of Publication:

Chawley Park, Cumnor Hill, Oxford : Bloomsbury Publishing Plc, 2019.

Summary:

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.

Contents:

The problem illustrated : the landmark marital rape case of DPP v Morgan and its mixed significance for the men of law

Introducing the criminal legal world of men : the importance of personal border control

Hale, Blackstone and the character of men

JS Mill, Stephen and the Victorian mentality

The cast of men : the bounded man, the domestic monarch and the sexual master

From male supremacy to sexual euphemism : good men trapped in their own assumptions

The modernisation of men, or men assuming responsibility without taking responsibility

The invisible men : why men of law cannot see the men of law

The modern individual of criminal law

Men, women and civil society : male civility in the twenty-first century.

Notes:

Includes bibliographical references and index.

Description based on print version record and CIP data provided by publisher; resource not viewed.

ISBN:

1-5099-1804-3

1-5099-1802-7

1-5099-1803-5

OCLC:

1112981402