Battered women, justice and the legal system
Macredie, Elizabeth
Battered women, justice and the legal system Dissertation LL.B (Hons.) University of Waikato. Macredie, Elizabeth - 2000 - 59 p. ; 30 cm.
Dissertation LL.B (Hons.) University of Waikato.
This dissertation paper considers the effectiveness of New Zealand's legal system in providing justice for battered women. It argues that the way the legal system views battered women underlies the decisions it makes regarding them, and therefore affects the measure of justice they receive. For Maori battered women, traditional Maori cultural methods of dealing with domestic violence were forcibly replaced by English legal methods. This resulted in inappropriate and biased treatment of Maori battered women within the justice system. It is argued a contextual judicial approach would improve justice for battered women by considering factors such as class, sexuality, immigrant status, culture and race and how these factors intersect to shape particular battered women's realities. This approach would underscore the various tactics of power and control utilised by perpetrators. Better justice for Maori battered women could be provided through changes within the legal system and the development of more autonomous legal services and programmes. Part 1 examines the historical sources of bias in our legal culture. Part 2 outlines legislative and feminist responses to the legal system's inadequate treatment of battered women. Part 3 canvasses the advantages and dangers of the use of 'The Battered Woman Syndrome' theory to define battered women. This section illuminates weaknesses in the legal system's response to battered women. Part 5 summarises the necessary features of a legal system, which would improve justice for battered women. Source: Author's abstract
nz
DOMESTIC VIOLENCE
INTERVENTION
JUSTICE
LEGISLATION
OFFENDERS
TREATMENT
WOMEN
MĀORI
INTIMATE PARTNER VIOLENCE
PREVENTION
345.02555 BAT
Battered women, justice and the legal system Dissertation LL.B (Hons.) University of Waikato. Macredie, Elizabeth - 2000 - 59 p. ; 30 cm.
Dissertation LL.B (Hons.) University of Waikato.
This dissertation paper considers the effectiveness of New Zealand's legal system in providing justice for battered women. It argues that the way the legal system views battered women underlies the decisions it makes regarding them, and therefore affects the measure of justice they receive. For Maori battered women, traditional Maori cultural methods of dealing with domestic violence were forcibly replaced by English legal methods. This resulted in inappropriate and biased treatment of Maori battered women within the justice system. It is argued a contextual judicial approach would improve justice for battered women by considering factors such as class, sexuality, immigrant status, culture and race and how these factors intersect to shape particular battered women's realities. This approach would underscore the various tactics of power and control utilised by perpetrators. Better justice for Maori battered women could be provided through changes within the legal system and the development of more autonomous legal services and programmes. Part 1 examines the historical sources of bias in our legal culture. Part 2 outlines legislative and feminist responses to the legal system's inadequate treatment of battered women. Part 3 canvasses the advantages and dangers of the use of 'The Battered Woman Syndrome' theory to define battered women. This section illuminates weaknesses in the legal system's response to battered women. Part 5 summarises the necessary features of a legal system, which would improve justice for battered women. Source: Author's abstract
nz
DOMESTIC VIOLENCE
INTERVENTION
JUSTICE
LEGISLATION
OFFENDERS
TREATMENT
WOMEN
MĀORI
INTIMATE PARTNER VIOLENCE
PREVENTION
345.02555 BAT