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This case note considers the availability in the United Kingdom of the provocation defence in cases of intimate homicide in the context of the recent House of Lords decision in Rv. Smith [2000] 3 W.L.R. 654. The note argues that the expansion of the objective component of the defence to encompass the mental infirmities of individual defendants is dangerous for women. Although it has the potential to help some abused women who kill to use the defence, it has, at the (...) |
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The relationship of law and culture has long been a concern of legal anthropology and sociology of law. But it is recognised today as a central issue in many different kinds of juristic inquiries. All these recent invocations of the concept of culture indicate or imply problems at the boundaries of established thought about either the nature of law or the values that law is thought to express or reflect. The consequence is that legal theory must, it seems, now systematically (...) |
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The social sciences are witnessing renewed enthusiasm for sociobiological accounts of human behaviour. Feminist theory has, understandably, tended to engage cautiously with biological reasoning, because women have often been poorly served by the politics of such research. It is important, though, that feminists continue to contribute to this literature, in order to challenge problematic discourses that may emerge. The present paper seeks to analyse a domain of sociobiology that has been the focus of recent controversy: an evolutionary explanation of rape. (...) |
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In this article, we take a novel approach to analysing English sentencing remarks in cases of women who kill. We apply computational, quantitative, and qualitative methods from corpus linguistics to analyse recurrent patterns in a collection of English Crown Court sentencing remarks from 2012 to 2015, where a female defendant was convicted of a homicide offence. We detail the ways in which women who kill are referred to by judges in the sentencing remarks, providing frequency information on pronominal, nominative, and (...) |
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As the figures for wife abuse cases in Hong Kong continue to rise, the author questions the effectiveness of current law in controlling domestic violence. It is argued that the present law, which punishes abusers by putting them into jail, can neither change their violent behavior nor repair the personal/familial relationships of the parties involved. It is within this context that the author proposes the adoption in Hong Kong of ``court-mandated counseling'', a scheme that has been practiced not only in (...) |
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