Sex, Culpability and the Defence of Provocation

By Danielle Tyson

© 2013 – Routledge-Cavendish

230 pages

Purchasing Options:
Paperback: 9780415560207
pub: 2012-07-12
US Dollars$41.95
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Hardback: 9780415560177
pub: 2012-07-12
US Dollars$145.00
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About the Book

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.

Table of Contents

Introduction; 1.Feminist Dilemmas with the Partial Defence of Provocation: International Debates; 2.Bridling Scolds: Insults, Female Sexuality and the Unruly Woman; 3.Legal Narratives on Trial: Constructions of Sex and Culpability in Provocation Cases; 4. Victoria’s New Homicide Laws: Provocative reforms or More Stories of Women ‘Asking For It’?; 5.Critical Fictions: Masculinities Theory and Challenges to Men’s Violence Against Women; Conclusion: The Importance of Rereading and Rewriting; Bibliography; Index.

About the Series

Discourses of Law

This successful and exciting series seeks to publish the most innovative scholarship at the intersection of law, philosophy and social theory. The books published in the series are distinctive by virtue of exploring the boundaries of legal thought. The work that this series seeks to promote is marked most strongly by the drive to open up new perspectives on the relation between law and other disciplines. The series has also been unique in its commitment to international and comparative perspectives upon an increasingly global legal order. Of particular interest in a contemporary context, the series has concentrated upon the introduction and translation of continental traditions of theory and law.

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Subject Categories

BISAC Subject Codes/Headings:
LAW000000
LAW / General
LAW026000
LAW / Criminal Law / General
LAW043000
LAW / Gender & the Law
SOC004000
SOCIAL SCIENCE / Criminology
SOC028000
SOCIAL SCIENCE / Women's Studies
SOC032000
SOCIAL SCIENCE / Gender Studies