By Vanessa Munro
‘Rediscovering’ the peculiarity of feminist views, instead of analyzing the wider diversity of gender-oriented analyses, within the zone of felony rules and sexuality, this edited assortment avoids the ‘reductionist' and 'essentialist' shortcomings of ‘feminism unmodified’. With a considerable introductory bankruptcy, written by means of the editors, summarizing the kingdom of the legislation on middle features of sexuality and offering a serious appraisal of the foremost issues and matters, it analyzes and transcends the normal dichotomised considering (e.g coercion/choice, victim/agent) in regards to the law of gender concerns. It addresses a wide variety of key subject matters together with: crime the kinfolk and baby agreement legislations jurisprudence public and overseas legislations. providing an area during which to re-vitalize a feminist perception of sexuality, this booklet is an important learn for legislations scholars drawn to the criminal implications of gender and sexuality.
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Sample text
Similarly, the law’s reluctance to recognise marital rape reflects male incredulity at the suggestion that intercourse with one’s husband, even when not consented to, may be harmful. But beyond the gender-specific experiences that have led to the marginalisation of certain characteristically female harms from the purportedly neutral benchmark, there is a further source of concern. Indeed, it has often been argued that the way in which the law, particularly the criminal law, conceives of the concept of harm is itself highly specific.
While it is no doubt prudent to approach reforms that intervene in hitherto unregulated areas of private life with some caution, as these critics do, it is submitted that there is a danger here of assuming that the mere fact of extension of the criminal law into these areas in itself gives rise to legitimate condemnation. While this affirms the ‘symbolic and normative power of “the private” as a category that frames our perceptions of the world’ (Weait, 12 Sexuality and the Law 2005: 99), it does so in a way that threatens to stagnate the inherently constructed, and thus contingent, boundary delineating the content of public and private life.
Devlin, P (1965) The Enforcement of Morals, Oxford: Oxford University Press. ’ in Simester and von Hirsch (eds) Incivilities: Regulating Offensive Behaviour, Oxford: Hart Publishing, pp 57–90. Dworkin, R (1966) ‘Lord Devlin and the Enforcement of Morals’ Yale Law Journal 75, pp 986–1006. ’ Oxford Journal of Legal Studies 1(2), pp 177–212. Erens et al. (2003) National Survey of Sexual Attitudes and Lifestyles II, London: National Centre for Social Research. Habermas, J (1992) Moral Consciousness and Communicative Action, Cambridge: MIT Press.
