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This collection of original essays by leading philosophers probes the philosophical aspects of rape in all of its manifestations: act, crime, practice, and institution. Among the issues examined are the nature of rape; the wrongfulness and harmfulness of rape; the relation of rape to racism, sexism, classism, and other forms of oppression; and the legitimacy of various rape-law doctrines. Each contributor advances a novel argument and seeks to disentangle the conceptual, evaluative, and empirical issues that arise in connection with the crime. This essential reference work is among the first philosophical anthologies devoted exclusively to the subject of rape--as complex and interesting intellectually as it is pervasive and disturbing socially.
Jocelynne Scutt’s insightful analyses of history, politics, and economics pervade this book. Writing across the scholarship on women, she brings to the fore the social and political gerrymander women face – whether it be in the areas of work, power and public recognition, or the realms of domestic violence, rape, pornography, prostitution or structural sexism.
Sexual violence is a particular brand of evil that women have endured—more than men—during armed conflicts, through the ages. It is a menace that has continued to challenge the conscience of humanity—especially in our times. At the international level, basic laws aimed at preventing it are not in short supply. What is needed is a more conscious determination to enforce existing laws. This book explores ways of doing just that; thereby shoring up international legal protection of women from sexual violence in armed conflicts.
New South Wales is that rare political creation, a state founded for and upon the criminal law. The history of its criminal law from settlement to Federation is uniquely fascinating. Drawing on his range of experience as a university scholar, a criminal law QC and a judge, the author explains how Britain's criminal laws were established and developed in its (arguably) most successful colony. There are three themes:the horror and savagery of the criminal law transported to Australia and imposed there;the constitutional importance of basic criminal law rules requiring certainty of proof;the corrupt but necessary role of mercy in the administration of the law.There are several genuinely remarkable features of this book. One is that the author draws upon a vast body of material recently brought to light by Bruce Kercher in his massive disinterment of early colonial case law, to explain in detail the actual working of the New South Wales criminal courts.Another is that the core of the book is an analysis of New South Wales parliamentary debates between 1871 and 1883 on criminal law, illuminating the history of the law (and its future). Yet the most remarkable thing of all about this book is its rarity. In the many places where the British Empire imposed its laws, there are hundreds of universities and centres of legal study.Histories of the criminal law, or studies which can be so described, are rare or invisible. This admirable study will become a classic in its field, required reading by legal scholars, historians of colony and empire, and by astute legal practitioners making arguments for contemporary submissions or judgments.The second volume (Woods, 2018) continues the still-fascinating story from 1901 (when the colony became a state) through until mid-20th century, when the death penalty was effectively abolished.
Introduction to Criminology: Why Do They Do It? offers a contemporary and integrated discussion of key criminological theories to help students understand crime in the 21st century. Focusing on why offenders commit crimes, authors Pamela J. Schram, Joseph A. Schwartz, and Stephen G. Tibbetts apply established theories to real-life examples to explain criminal behavior. Coverage of violent and property crimes is included throughout theory chapters so that students can clearly understand the application of theory to criminal behavior. Updates to the Fourth Edition include recent major social events, such as the George Floyd protests; changes in crime trends and criminal behavior as a result of the COVID-19 pandemic; updated crime statistics, case studies, as well as contemporary topics, such as mass shooting events and the legalization of marijuana use. This title is accompanied by a complete teaching and learning package. Contact your Sage representative to request a demo. Learning Platform / Courseware Sage Vantage is an intuitive learning platform that integrates quality Sage textbook content with assignable multimedia activities and auto-graded assessments to drive student engagement and ensure accountability. Unparalleled in its ease of use and built for dynamic teaching and learning, Vantage offers customizable LMS integration and best-in-class support. It′s a learning platform you, and your students, will actually love. Learn more. Assignable Video with Assessment Assignable video (available in Sage Vantage) is tied to learning objectives and curated exclusively for this text to bring concepts to life. Watch a sample video now. LMS Cartridge: Import this title’s instructor resources into your school’s learning management system (LMS) and save time. Don’t use an LMS? You can still access all of the same online resources for this title via the password-protected Instructor Resource Site. Learn more.
In this long-awaited book, Antony Duff offers a new perspective on the structures of criminal law and criminal liability. His starting point is a distinction between responsibility (understood as answerability) and liability, and a conception of responsibility as relational and practice-based. This focus on responsibility, as a matter of being answerable to those who have the standing to call one to account, throws new light on a range of questions in criminal law theory: on the question of criminalisation, which can now be cast as the question of what we should have to answer for, and to whom, under the threat of criminal conviction and punishment; on questions about the criminal trial, as a process through which defendants are called to answer, and about the conditions (bars to trial) given which a trial would be illegitimate; on questions about the structure of offences, the distinction between offences and defences, and the phenomena of strict liability and strict responsibility; and on questions about the structures of criminal defences. The net result is not a theory of criminal law; but it is an account of the structure of criminal law as an institution through which a liberal polity defines a realm of public wrongdoing, and calls those who perpetrate (or are accused of perpetrating) such wrongs to account.
The American Civil War is often regarded as a "low-rape" war, due to gentlemanly "restraint." Nearly thirty Union soldiers were executed for the crime. As a result, rape is perceived to have been dealt with harshly. On the surface, the numbers reflect the view that rape was indeed far from widespread. In reality, few soldiers received harsh punishment for a crime considered a capital offense in the nineteenth century. I Had Rather Die is the first book dedicated to the topic of rape during the war. Through newspapers, Official Records, diaries, letters, and court-martial documents, Kim Murphy exposes the misrepresentations about the topic of rape during the war. Not only were women raped during times of battle, but those who bravely stepped forward to name their attackers were interrogated in the justice system, often by their assailants. Courts-martial revolved around a woman's consent and her degree of resistance against a man's force. Poor and black women frequently had their reputations called into question. For far too long, women's claims have been dismissed as hearsay and propaganda. Behind the brother-against-brother war lurks the hidden war of brother against sister.