GENDER ISSUES IN FAMILY LAW

Family mediation has been the target of criticism from feminists, the legal profession, and mental health professionals. Although this article will primarily address the concerns of feminists, it will, to a limited extent, address some of the concerns put forth by the other groups because of the similarities in their perspectives. Many of the concerns and issues expressed by feminists are valid on one hand, yet contradictory on the other. By exploring the gains made by women and how these gains were incorporated in the Ontario Family Law Act, the contradictions inherent in their arguments will be revisited and discussed in relation to a feminist-informed mediation process. This article will explore seven aspects of the feminist critique of family mediation: protection of women and children's rights, spousal and child support, equal distribution of marital property, negotiations, empowerment, custody, and spousal abuse. Many of these issues are intertwined and therefore will occasionally be discussed in relation to other issues.     

GENDER AND IMPRISONMENT DECISIONS

Guidelines sentencing data from Pennsylvania for the years 1985–1987 are analyzed to assess the influence of gender on judges' imprisonment decisions. These data provide detailed information on offense severity and prior record, permit statistical controls for other variables thought to affect imprisonment decisions, cover a fairly comprehensive list of common-law offenses (with adequate sample size), and contain judges' dispositional-departure reasons for sentences outside the guidelines schema. The data—analyzed with additive and interactive models–indicate that gender (net of other factors) has a small effect on the likelihood of imprisonment toward lesser jailing of female defendants but has a negligible effect on the length-of-imprisonment decision. Observations and interview responses from selected judges help to clarify the ways in which judges' sentencing practices are gender linked. Together, the statistical and the qualitative data suggest that the sentencing practices of judges are driven by two main concerns, blameworthiness (e.g., as indicated by prior record, type of involvement, remorse) and practicality (e.g., as indicated by child-care responsibility, pregnancy, emotional or physical problems, availability of adequate jail space). Based on our findings, we suspect that when men and women appear in (contemporary) criminal court in similar circumstances and are charged with similar offenses, they receive similar treatment. A major question from a policy perspective is, when gender disparities in sentence outcomes do arise, are the disparities warranted or unwarranted?     

GENDER,STREETLIFE AND CRIMINAL RETALIATION*

Recent work in criminology has highlighted the central role of retaliation in shaping criminal violence in America's inner cities. Most of this work, however, has been based on male offenders. It has also failed to consider whether and how gender structures payback in real‐life settings and circumstances. In this paper, we analyze in‐depth, semi‐structured interviews with forty men and twelve women who recently engaged in one or more episodes of retaliatory violence to examine the ways in which gender shapes vengeance. We hope to provide an insider's view of how gender frames the context and dynamics of retaliatory events for both men and women.     

法律与文学:可能性及其限度

<正>找那不可能的东西,绝望中练一身技艺。——燕卜荪:《最后的痛苦》一、引论法律与文学(Law and Literature)是发源于美国法学院的一场学术运动,并演变成为一个法学流派或者领域。法律是一门历史悠久的学科,然而自1960年代以来,其学科自主性在美国逐渐走向衰落。法律与经济学、社会学、政治学、女权主义、种族理论等交叉学科研究("Law-and")蓬勃兴起,而且硕果累累。四十多年来,法律交叉学科研究中声望最高、影响最大的莫过于如今     

GENDER AND VARIETIES OF WHITE-COLLAR CRIME*

The Wheeler et al. (1982) data set of white-collar defendants is used to compare men's and women's socioeconomic profiles and occupations and the nature of their illegalities. The results show that a minority of men but only a handful of women fit the image of a highly placed white-collar offender. Most employed women were clerical workers, and most employed men were managers or administrators. Women were more likely to be nonwhite, less likely to have completed college, and owned less in economic assets. Men were more likely to work in crime groups and to use organizational resources in carrying out crimes, and their attempted economic gains were higher. Occupational marginality, not mobility, better explains the form of women's white-collar crime. The results raise questions about white-collar arrest data and the nature of crime and offenders in white-collar sentencing samples. They compel an investigation of the multiple injuences of gender, class, and race relations in generating varieties of white-collar crime and in being caught and prosecuted for white-collar crime.     

WHEN A WOMAN NEEDS TO BE SEEN, HEARD AND WRITTEN AS A WOMAN: RAPE, LAW AND AN ARGUMENT AGAINST GENDER NEUTRAL LANGUAGE*

While moves towards gender neutral language may seem to be desirable for reducing sexism and discrimination, this paper argues that at least in the case of rape␣such gender neutrality is not appropriate. A recent Australian appeal is examined to show that despite significant ‘verbal hygiene’, [D. Cameron, Verbal Hygiene (London: Routledge, 1995)] traces of discrimination against women are still linguistically discernable. This suggests that simply changing language will not change attitudes. Rather, for women to be treated well in rape cases, their voices and experiences need to be represented appropriately. I would like to thank Dr. Clare McManus for the title inspiration.