Criminal law and the man problem /

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Bibliographic Details
Author / Creator:	Naffine, Ngaire, author.
Imprint:	Oxford : Hart Publishing, 2019. ©2019
Description:	xiii, 205 pages ; 24 cm
Language:	English
Subject:	Feminist jurisprudence. Sex discrimination in criminal justice administration. Feminist jurisprudence. Sex discrimination in criminal justice administration.
Format:	Print Book
URL for this record:	http://pi.lib.uchicago.edu/1001/cat/bib/11881213

Hidden Bibliographic Details
ISBN:	9781509918010 1509918019
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 Honoré (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

Criminal law and the man problem /

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