Criminal law and the man problem /

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Bibliographic Details
Author / Creator:Naffine, Ngaire, author.
Imprint:Oxford : Hart Publishing, 2019.
Description:xiii, 205 pages ; 24 cm
Subject:Feminist jurisprudence.
Sex discrimination in criminal justice administration.
Feminist jurisprudence.
Sex discrimination in criminal justice administration.
Format: Print Book
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Notes:Includes bibliography (pages [188]-197) and index.
Summary:"Men have always dominated the most basic precepts of the criminal legal world - its norms, its priorities and its character. Men have been the regulators and the regulated: the main subjects and objects of criminal law and by far the more dangerous sex. And yet men, as men, are still hardly talked about as the determining force within criminal law or in its exegesis. This book brings men into sharp focus, as the pervasively powerful interest group, whose wants and preoccupations have shaped the discipline. This constitutes the 'man problem' of criminal law. This new analysis probes the unacknowledged thinking of generations of influential legal men, which includes the psychological and legal techniques that have obscured the operation of bias, even to the legal experts themselves. It explains how men's interests have influenced the most cherished legal norms, especially the rules of human contact, which were designed to protect men from other men, while specifically securing lawful sexual access to at least one woman. The aim is to test the discipline's broadest commitments to civility, and its trajectory towards the final resolution, when men and women were declared to be equal and equivalent legal persons. In the process it exposes the morally and intellectually limiting consequences of male power."--Bloomsbury Publishing.
Table of Contents:
  • Acknowledgements
  • Introduction
  • 1. The Problem Illustrated: The Landmark Marital Rape Case of DPP v Morgan and Its Mixed Significance for the Men of Law
  • I. Introducing the Men of Legal Influence: The Cast of Characters
  • II. The View from the Bench and the Man of Law as Judge: Lord Hailsham of St Marylebone and DPP v Morgan
  • III. The Textbook Writer as Husband
  • IV. Eyes Wide Shut
  • V. The Doctrinal Scholar and Selective Attention: Morgan as the Focus of Discussion About the Mental State of Serious Crime
  • VI. The Legal Scholar as Political Philosopher
  • VII. Rape as the Acid Test
  • VIII. The Developing Argument: Men are Critical to Criminal Law but Very Hard to See
  • 2. Introducing the Criminal Legal World of Men: The Importance of Personal Border Control
  • I. The Abstracted World of Criminal Law: 'There's Nobody Here but Us Persons'
  • II. The Human Comes Ready-made: And the Law is Not Responsible for its Persons
  • III. Introducing Men and the Male Story of Criminal Law and its World
  • IV. The Don't-Touch Rule in the Offences against the Person: Who it is For and What it Presumes about its Persons
  • V. The Don't-Touch Person: Men making Men in their Own Image as Self Proprietors
  • VI. Questioning the Idea of the Self-Owning and Bordered Man
  • VII. Jennifer Nedelsky and the Bounded Self
  • 3. Hale, Blackstone and the Character of Men
  • I. Sir Matthew Hale (3609-1676)
  • II. William Blackstone (1723-1780)
  • III. Edward Christian and the Footnote
  • 4. JS Mill, Stephen and the Victorian Mentality
  • I. Baronet James Fitzjames Stephen (1829-1894)
  • II. The Provocateur: John Stuart Mill and the Husband as Critic of Men and Marriage
  • III. Stephens Dissent from Mill
  • IV. R v Clarence
  • 5. The Cast of Men: The Bounded Man, the Domestic Monarch and the Sexual Master
  • I. The Male Body Politic and the Masterful Man
  • II. The Woman Problem
  • III. The Husband as Little Monarch
  • IV. The Sexual Master
  • V. The Nursery of the Vices
  • 6. From Male Supremacy to Sexual Euphemism: Good Men Trapped in their Own Assumptions
  • I. The Men of Law Recede from View: The Resort to Euphemism
  • II. Glanville Williams (1911-1997)
  • III. Norval Morris (1923-2004)
  • IV. Rollin M Perkins (1889-1993)
  • V. Colin Howard (1928-2011)
  • VI. Tony Honor√© (1921-)
  • VII. The Mature Glanville Williams Textbook of Criminal Law
  • VIII. Disdain for Women
  • IX. The Attitudes of Ordinary Men and Women of the Time
  • X. Reflections on the Men of Law and the Shifting Ground
  • 7. The Modernisation of Men, Or Men Assuming Responsibility without Taking Responsibility
  • I. The Committees that Modernised Men in the Law of Rape
  • II. The Judiciary on (Male) Modernisation: Cherchez la Femme
  • III. Assuming Responsibility
  • IV. Historical Revisionism and Denial of the Past
  • V. Concluding Thoughts
  • 8. The Invisible Men: Why the Men of Law Cannot See the Men of Law
  • I. The Knower and the Known
  • II. The Disappearing Expert
  • III. Modern Criminal Law Scholars Adopting the Olympian Stance
  • IV. The Problems of the Olympian Stance
  • V. Fudging the Past and Cognitive Dissonance
  • VI. The Closed Community of Thinkers
  • VII. Power and Inattention
  • VIII. Disqualification of the Naysayers: Excluding Women as Experts and Epistemic Injustice
  • IX. Acknowledging the Past: Recognising the Scale of the Problem
  • 9. The Modern Individual of Criminal Law
  • I. The Abstracted Individual
  • II. The Responsible Individual Defendant as Rational Agent and the Disappearing Man
  • III. The Critical Legal Moment of Decision-Making
  • IV. The Choice of the Choice-Maker: To Rape or Not to Rape, that is the Question
  • V. Is this Legal Deconstruction of such an Unpleasant and Unsavoury Decision Implausible? Is this Really How Criminal Lawyers Think?
  • VI. The Legal Individual as a Physical Being (Without a Sex)
  • VII. And the Deeming of Women
  • VIII. Abstraction and the Disappearing Man
  • 10. Men, Women and Civil Society: Male Civility in the Twenty-first Century
  • I. The Zeitgeist
  • II. Recognising the Man Problem in the Special Part of Criminal Law
  • III. Recognising the Man Problem in the General Part of Criminal Law
  • IV. The Abstraction of the Person and the Problem of Bad (Male) Pedigree
  • V. What has Happened to the Bounded Individual, the Little Monarch and the Sexual Master?
  • VI. Persons as Relations
  • VII. Effecting Change
  • VIII. Studying Men as a Specific Sex and as a Sectional Interest
  • IX. Maintaining Moral Coherence and Avoiding Cognitive Dissonance
  • X. Willingness to Attack One's Own Convictions
  • XI. Going Further: Effecting Fundamental Change; Kuhn and the Paradigm Shift
  • Recapitulation
  • Bibliography
  • Index