By Professor Elizabeth M. Schneider, Elizabeth Schneider
Elizabeth Schneider has performed a pioneering function during this approach. From an insider’s standpoint she explores how claims of rights for battered ladies have emerged from feminist activism, and she or he assesses the chances and obstacles of feminist criminal advocacy to enhance battered women’s lives and rework legislations and tradition. The publication chronicles the fight to include feminist arguments into legislations, quite in circumstances of battered girls who kill their assailants and battered ladies who're moms. With a extensive viewpoint on feminist lawmaking as a car of social switch, Schneider examines matters as wide-ranging as felony prosecution of batterers, the civil rights treatment of the Violence opposed to ladies Act of 1994, the O. J. Simpson trials, and a category on battered ladies and the legislation that she taught at Harvard legislation college. Feminist lawmaking on lady abuse, Schneider argues, may still reaffirm the historical imaginative and prescient of violence and gender equality that initially lively activist and criminal work.
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Extra resources for Battered Women and Feminist Lawmaking
Example text
Feminist legal scholar Kathryn Abrams observes that ‘‘law . . ’’ 17 Rights language can express human and communal values; it can be a way for individuals to make their voices heard, to assert or develop a sense of self, and for individuals and groups to experience a collective identity. Rights discourse can also have a dimension that underlines the interdependence of autonomy and community. The assertion of rights can deeply affect consciousness—the way that law can give individuals a sense of self-definition, connect an individual to a larger group and community, and express the vision of a political struggle or social movement, particularly during the early development of a movement.
After reading the trial transcript, my colleague Nancy Stearns and I realized that the judge’s instructions had prevented the jury from considering Yvonne Wanrow’s state of mind, as shaped by her experiences and perspective as a Native American woman, when she confronted Wesler. The jury had not been presented with evidence concerning the general lack of police protection in such situations, the pervasiveness of violence against women and children, the effect on Wanrow of her belief that Wesler was a child molester, Wanrow’s lack of trust in the police, and her belief that she could successfully defend herself only with a weapon.
For example, the struggle to win passage of the Nineteenth Amendment drew its power from illuminating women’s right to vote. These rights claims grew out of early feminist political analyses, which saw women’s exclusion from public and political life as central to their continued subordination. Spurred by the explosion of the second wave of feminist consciousness in the 1960s, women’s rights have been claimed in an expanded variety of contexts. A claim of right can make a political statement and transmit a powerful message concerning what feminist legal scholar Frances Olsen has called ‘‘the kind of society we want to live in, the kind of relations among people we wish to foster, and the kind of behavior that is to be praised or blamed.