Leigh Goodmark's A Troubled Marriage: Domestic Violence and the Legal System PDF
By Leigh Goodmark
Choice's notable educational name checklist for 2013 the improvement of a criminal regime to strive against household violence within the usa has been lauded as one of many feminist movement's maximum triumphs. yet, Leigh Goodmark argues, the ensuing procedure is deeply wrong in ways in which hinder it from supporting many ladies subjected to abuse. the present felony reaction to household violence is excessively fascinated with actual violence; this slender definition of abuse fails to supply safeguard from behaviors which are profoundly destructive, together with mental, monetary, and reproductive abuse. The method makes use of crucial rules that deny ladies subjected to abuse autonomy and company, substituting the state's priorities for women's targets. A Marriage is a provocative exploration of ways the felony system's reaction to household violence constructed, why that reaction is defective, and what we should always do to alter it. Goodmark argues for an anti-essentialist process, which might outline abuse and allocate energy in a way conscious of the studies, pursuits, wishes and priorities of person ladies. Theoretically wealthy but conversational, A stricken Marriage imagines a felony process in keeping with anti-essentialist ideas and indicates how one can glance past the method to assist ladies locate justice and fiscal balance, have interaction males within the fight to finish abuse, and increase neighborhood responsibility for abuse.
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Extra resources for A Troubled Marriage: Domestic Violence and the Legal System
22 Where coercive conDefining Domestic Violence | 37 trol has been incorporated into legal definitions of abuse, it has been drawn much more narrowly than either Stark or Dutton and Goodman’s work would suggest captures women’s experiences with abuse. Although some state civil protective order provisions identify coercion, false imprisonment, and/or restraint of liberty as abuse, those terms are usually defined by reference to actual or threatened physical force or violence. 25 No state defines abuse as the course of conduct depicted by Stark or the demand/threat described by Dutton and Goodman, although several scholars have proposed definitions of abuse based on coercive control.
Social Science Definitions of Domestic Violence In the 1970s and ’80s, legal definitions of domestic violence tracked social science theories on abuse, focusing, as those theories did, on physical violence. Theories like the cycle of violence and, to a lesser extent, the Power and Control Wheel, shaped the law’s understanding of abuse. In the early days of the battered women’s movement, defining domestic violence primarily around physical abuse made sense, argues law professor Elizabeth Schneider.
In countries where women are still unable to assert their independence economically, politically, or socially and/or are obliged to be dependent in their relationships, Stark argues, women live under sufficient external domination that using violence alone enables men to exert control in their relationships. In countries like the United States, by contrast, such external control is either nonexistent or ineffective, driving men to seek control in personal life, where inequalities persist as a function of sex discrimination.
A Troubled Marriage: Domestic Violence and the Legal System by Leigh Goodmark