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Feminist theory, feminist and anti-racist politics, and restorative justice

In Gerry Johnstone & Daniel W. Van Ness (eds.), Handbook of Restorative Justice. Taylor & Francis. pp. 149--170 (2007)

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  1. Feminism and the Flat Law Theory.Margaret Davies - 2008 - Feminist Legal Studies 16 (3):281-304.
    This article examines two modalities of law, depicted spatially as the vertical and the horizontal. The intellectual background for seeing law in vertical and horizontal dimensions is to be found in much socio-legal scholarship. These approaches have challenged the modernist, legal positivist and essentially vertical view of law as a system of imperatives emanating from a hierarchically superior source such as a sovereign. In keeping with the socio-legal critical tradition, but approaching it from the perspective of legal philosophy, my aim (...)
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  • Punishing with Care: treating offenders as equal persons in criminal punishment.Helen Brown Coverdale - 2013 - Dissertation, The London School of Economics and Political Science
    Most punishment theories acknowledge neither the full extent of the harms which punishment risks, nor the caring practices which punishment entails. Consequently, I shall argue, punishment in most of its current conceptualizations is inconsistent with treating offenders as equals qua persons. The nature of criminal punishment, and of our interactions with offenders in punishment decision-making and delivery, risks causing harm to offenders. Harm is normalized when central to definitions of punishment, desensitizing us to unintended harms and obscuring caring practices. Offenders (...)
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