Justice in context : judging battered women defendants : a New Zealand case study
Simmonds, Sally C.
Justice in context : judging battered women defendants : a New Zealand case study A thesis submitted in fulfilment of the requirements for the degree of Doctor of Philosophy in Political Studies, The University of Auckland Simmonds, Sally C. - 2008 - 344 p. ; computer file : PDF format (2.051Mb)
Thesis (PhD--Political Studies)--University of Auckland, 2008.
Abstract……………………………………………………………ii
Dedication…………………………………………………………………iv
Acknowledgements………………………………………………v
Contents……………………………………………………………………vi
Introduction: Justice in context…………………………………1
The case study………………………………………………………………1
Principles of justice…………………………………………………………5
This thesis presents a critical reflection on justice in the context of debate about the commitment to justice and claims the justice system has failed to fulfil those commitments in relation to battered women defendants, and more specifically the 1994 trial in New Zealand of Gay Oakes who killed her abusive husband and was convicted of his murder. The first part of the thesis develops an extended empirical case study of the New Zealand justice system centred on Oakes' trial. This is used as the basis for reflection on New Zealand's commitment to justice for battered women defendants and for women victims of domestic violence more broadly, The thesis includes a detailed overview of the legal, political and cultural aspects of New Zealand's changing commitment to justice for battered women, concentrating on the twenty-year period between 1987 and 2007. The thesis also presents the author's analytical reflections on the key principles of justice in western political philosophy, looking at three distinct principles of justice: equal treatment or formal justice, equal consent, and just deserts. The analysis points to the conclusion that sceptics are wrong to doubt the substance and relevance of justice, and that justice remains an important legal, political and moral virtue capable of guiding judgments in complex contexts.
nz
COURTS
DOMESTIC VIOLENCE
JUSTICE
VICTIMS OF DOMESTIC VIOLENCE
WOMEN
NEW ZEALAND
Justice in context : judging battered women defendants : a New Zealand case study A thesis submitted in fulfilment of the requirements for the degree of Doctor of Philosophy in Political Studies, The University of Auckland Simmonds, Sally C. - 2008 - 344 p. ; computer file : PDF format (2.051Mb)
Thesis (PhD--Political Studies)--University of Auckland, 2008.
Abstract……………………………………………………………ii
Dedication…………………………………………………………………iv
Acknowledgements………………………………………………v
Contents……………………………………………………………………vi
Introduction: Justice in context…………………………………1
The case study………………………………………………………………1
Principles of justice…………………………………………………………5
This thesis presents a critical reflection on justice in the context of debate about the commitment to justice and claims the justice system has failed to fulfil those commitments in relation to battered women defendants, and more specifically the 1994 trial in New Zealand of Gay Oakes who killed her abusive husband and was convicted of his murder. The first part of the thesis develops an extended empirical case study of the New Zealand justice system centred on Oakes' trial. This is used as the basis for reflection on New Zealand's commitment to justice for battered women defendants and for women victims of domestic violence more broadly, The thesis includes a detailed overview of the legal, political and cultural aspects of New Zealand's changing commitment to justice for battered women, concentrating on the twenty-year period between 1987 and 2007. The thesis also presents the author's analytical reflections on the key principles of justice in western political philosophy, looking at three distinct principles of justice: equal treatment or formal justice, equal consent, and just deserts. The analysis points to the conclusion that sceptics are wrong to doubt the substance and relevance of justice, and that justice remains an important legal, political and moral virtue capable of guiding judgments in complex contexts.
nz
COURTS
DOMESTIC VIOLENCE
JUSTICE
VICTIMS OF DOMESTIC VIOLENCE
WOMEN
NEW ZEALAND