Developments in the law - legal responses to domestic violence
Article Abstract:
The legal system has traditionally hesitated to intervene in domestic violence, but recent legal developments have begun to focus on ending the violent behavior of batterers. Traditional responses have included shelters and support services for battered women, civil protection orders and criminal prosecution. More emphasis should be placed on criminal prosecution and on integrating state, federal and local efforts. A comprehensive strategy is suggested which combines deterrence, rehabilitation of batterers, victim protection and transformation of social attitudes. Response of state actors, the battered woman syndrome and child custody issues are also considered.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1993
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Aspiration and control: international legal rhetoric and the essentialization of culture
Article Abstract:
International law is based on an essentialist concept of culture while positing its own role as a neutral bridge between cultures. The work of Thomas J. Lawrence in the 19th century illustrates how international law was developed through images of order versus disorder which are specific to European culture. When the authority of international law as a neutral force standing outside culture is challenged, it becomes just another language among many with no inherent power to adjudicate among cultures.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1993
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Sympathy as a legal structure
Article Abstract:
Judicial decisionmaking involves both sympathy with the parties to the litigation and sympathy with the judiciary as an interpretive community. Sympathy in general is conservative because it reinforces what is common and marginalizes divergent viewpoints. The two forms of sympathy operating in the judicial system make it doubly conservative.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1992
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