Law’s (Masculine) Violence: Reshaping Jurisprudence

This article critiques and expands upon the jurisprudence of law’s violence from feminist and lesbian/gay/queer perspectives. The incorporation of gender and sexuality into the jurisprudence of law’s violence, via the social experiences of women and gay men, highlights the masculine and heteronormative character of law’s violence, while bringing into view particular forms of law’s violence, and forms of extra-legal but thoroughly legitimate heterosexual male violence, that have remained invisible in previous accounts. A feminist analysis of violence also suggests that law’s regime of violence is neither totalising nor inevitable, and that possibilities for resistance, if not avoidance, do exist.     

Policing Outlawed Desire: ‘Homocriminality’ in Beat Spaces in Australia

Drawing on interview data of gay men who have had their behavior in public spaces scrutinised by agents of the law for signs deviance, this article explores the historical characteristics of police animosity towards such conduct in Australia. This entails examining encounters between police and gay men who pursue desire in ‘beat’ (or ‘cottage’ to the use the UK term) spaces. Exploring why these outlaw gay male subjects are so abject and troubling to the law, the discussion documents how law’s desire to regulate gay men plays out in the masquerade of ‘plain-clothes’ agent provocateur operations where police entrap gay men by mimicking gay bodily appearances, gestures and mannerisms. This article also examines how police regulation of gay desire functions as a form of violence that delimits expressions of same sex desire in public spaces. A key theme that underpins the analyses in this paper is that the policing of desire in ‘beat’ spaces helps produce qualities of illicitness and dangerousness and that this, in turn, fuels the circuit of desire at play between gay men and agents of the law.

Examining Factors Co-Existing with Interpersonal Violence in Lesbian Relationships

Interpersonal violence within lesbian relationships is a significant yet understudied problem. Women attending a gay pride festival in Atlanta, GA, were asked to complete a survey concerning same-sex interpersonal violence. Women who reported being in a current or previous same-sex partner relationship were included in the analyses (N = 226). Factors that occurred in the context of interpersonal violence were investigated: substance use, HIV/STI risk behaviors, barriers to reporting abuse, and attitudes inhibiting seeking of social support. In addition, the survey assessed relationship-related power dynamics. Results of multivariate analyses support the hypotheses that power imbalance and inequality when making sex-related decisions within women’s same-sex relationships are associated with interpersonal violence. Further findings suggested that a combination of factors must be considered when dealing with and reducing the risk for violence in same-sex relationships.     

Re-Conceptualising the Policing of Hatred: Confessions and Worrying Dilemmas of a Consultant

Community Safety Units in the London Metropolitan Police handle over 9000 reported incidents of ‘hate’ crime each month. This paper explores the work of these Units through its conceptualisation of the notion of vulnerability. The workload of the CSUs includes domestic, racist and homophobic incidents. The victim/perpetrator relationship, it is assumed, provides special motivation for the offender's violence and requires police to consider special support for the victim. The paper begins with an exploration of how the MPS conceptualises ‘hate crime’. Its rationale for dedicated resources for the policing of particular forms of violence can be found, I suggest in the second part of the paper, in the way in which violence itself is conceptualised. I then offer a different term for thinking about hate crime – targeted violence. I go on to argue in depth how the(faulty) logic about violence obscures our ability to take people's ordinary experiences of intimidation, threat and bodily harm seriously in law and in society. The term ‘hate crime’, I conclude, in advertently reinforces this (faulty) logic. This revised version was published online in July 2006 with corrections to the Cover Date.     

Affairs of the Heart: Hate Crime and the Politics of Crime Control

Various scholars have noted the priority given to law in the politics of hate violence; violence is the problem and law, more specifically the criminal law, the solution at the ‘heart’ of society. This article seeks to explore some of the gaps and silences in the existing literature and politics that mobilize these ideas and associations. It is the gap sand silences associated with demands for and expectations of criminal justice that will be the particular concern of this article. The demand for law is examined by way of David Garland's recent work on the culture of crime control. His work offers an analysis of the contemporary place of crime control in Anglo-American liberal democracies. A distinctive feature of his analysis is to be found in the way it maps an important paradox of contemporary crime control; its political centrality and an increasing recognition of its limitations. Garland's ‘criminology of the self’ and the ‘criminology of the other’ raise some important challenges for those who advocate resort to crime control. My particular concern is to consider the significance of Garland's work for a contemporary sexual politics that puts violence and criminal justice at the heart of that politics. Feminist, gay and lesbian scholarship first on criminal justice and second, on violence and law will be used to develop a critical dialogue with Garland's analysis and to reflect upon the challenges raised by his insights into contemporary crime control. This revised version was published online in July 2006 with corrections to the Cover Date.     

A left realist approach to antifeminist fathers’ rights groups

Despite earlier critiques of left realists’ failure to adequately address feminist concerns, recent left realist theorizing and empirical research have made valuable contributions to the understanding of woman abuse and other forms of gendered violence. Left realism has further potential to contribute to the criminological understanding of woman abuse and its contributing socioeconomic and cultural contexts. This article describes left realists’ early efforts to include gender in analyses of crime. It then summarizes feminist critiques of left realism and reviews the work that has responded to them. Drawing upon two prominent strands of feminist left realist theorizing about violence and gender, the paper proposes a preliminary left realist theory of antifeminist fathers’ rights group activism. It then outlines a provisional research agenda on antifeminist fathers’ rights groups, and proposes short and long term policies and practices to enhance the safety of abused mothers and their children following divorce or separation.     

Nome law: Deleuze & Guattari on the emergence of law

This article orientates Deleuze & Guattari’s pragmatic semiotics towards a semiotics of law. This pragmatic semiotics is explored, and directly related to the theory of emergence and complexity that is also a key feature of Deleuze & Guattari’s work. It is suggested that the development of these aspects of Deleuze & Guattari’s thought in relation to law allows the contours of a noological legal theory to be sketched out. Noology is the study of images of thought, their emergence, their genealogy, and their creation. A first exploration of this noological legal theory is then carried out by the conceptualisation of nome law as the first emergence of law as theorised by Deleuze & Guattari in the plateau “1837: Of the Refrain” from “A Thousand Plateaus”. This is a conceptualisation of law’s emergence in a far-from-equilibrium palaeolithic hunter-gatherer pack, and contrasts to accounts of law’s origin in a founding violence or mythical contract. It is the ‘big bang’ of legality, and the opening up of a first image of legality, problematic of social organisation, and anthropomorphic knowledge space.     

Perpetrators of Violence and Abuse in Lesbian Partnerships

Scholarship, policy and practice relating to domestic violence have all seen many changes in the recent past. The definition of domestic violence is often wide ranging describing physical violent within an adult (married) couple to the inclusion of intergenerational abuse and violence. As a result of feminist interventions a gender-based approach to domestic violence is now well established. Most research using this model shows that the majority of victims are women and most perpetrators are men. This impacts upon the policies, initiatives and service provision. One consequence is that it fails to explore the possibility of women’s different experiences of domestic violence. The point of departure for this paper is that it fails to take account of domestic violence in lesbian partnerships. Using data generated by way of an annual analysis of counselling cases of generated by a German lesbian specific social services agency and data from focussed interviews with 20 lesbians who have been violent to their lesbian partners this article offers a range of new insights into the nature and experiences of domestic violence in same sex domestic relationships and considers the significance of this data in relation to policing and other modes of intervention to bring that violence to an end.

Fatal (F)laws: Law, Literature and Writing

In this article, we develop an account of judgment as writing which displaces and contests the conventional staging of the signifiers ‘law’ and ‘literature’. If judgment is understood as writing, then it is opened out onto the contexts which structure it, but which it must disavow or repress. To investigate this process, we read the judicial judgment of a killing of a gay man. In this text, the context that is simultaneously cited and repressed is that of literature - and specifically, Julius Caesar by William Shakespeare. Literature functions not as law's other in this judgment, but as a legal concept. Its chief performative effect is the concealment of a corpse: literature enables law to forget the wounds of the murdered man, and to bury his corpse within the grammar of fate. Our reading is an attempt to illuminate the scene of this crime. This revised version was published online in July 2006 with corrections to the Cover Date.     

Variations in Behavior Problems of Preschoolers Exposed to Domestic Violence: The Role of Mothers’ Attunement to Children’s Emotional Experiences

The purpose of this study was to identify aspects of family relationships that may protect young children from the pathogenic effects of family violence. Using a sample of 30 preschool-age children whose mothers were physically abused by a partner, we investigated the associations between children’s externalizing and internalizing behavior problems and: (1) the quality of the mother–child relationship, and (2) mothers’ attunement to their child’s sad and angry emotions. Results indicated that clinician ratings of the mother–child relationship, and mothers’ attunement to their child’s experience of emotion each made a unique contribution to the prediction of children’s externalizing behavior. These relationships remained robust, even after taking the severity of domestic violence reported by mothers into consideration. Maternal attunement, however, did not mediate the relationship between marital conflict and children’s behavior problems. No significant link was found between children’s internalizing behavior and maternal attunement to their children’s sadness and anger. Additional findings suggested that mothers with a PTSD diagnosis tended to be less attuned to their child’s experience of sadness. This investigation was supported by grants from the Irving B. Harris Foundation, the Pinewood Foundation, the Miriam and Peter Haas Foundation, and a REAC Award from the University of California, San Francisco to the second author.     

Imperial Metaphors and Native Savagery: Law’s Imagery,Crime and Empire

For all of law’s emphasis on its originary claims, this article argues that modern law has always been heavily dependent on categories and a set of images and metaphors for constituting identities. The presence of a racialised Other in the written, verbal and visual form all reveal striking parallels in the metaphorical forms used in the categorisation of people in temporality. In essence, law’s commitment to principles of universality and equality, is practically sustained only by the reinvented and rationalized exclusions of racial particularity, and hierarchies of otherness, which are variously exotic, dangerous and irredeemable. What is clear from this binary division is that the processes of criminalizing the unruly heathens, the wayward savages and the lower strata in the early nineteenth century, was part of a process of knowledge production which drew heavily upon key images of morality and of pathology. Such a stratum, as in the parallel process in the colonies amongst the criminal savages, was anxiously understood through a proliferation of stereotypes and labels imbued with this threatening menace. This article further explores how this imagery was policed and disciplined, and also opens up the possibility to assess how these images impart the same mythic forces in the ongoing acts of violence and specters of postcolonial imperialism that persist in its new global forms. This article aims, to reveal that legal forms and identities, far from being stable in their construction, are inherently unstable, and remain forever in an ambivalent relationship to the things being constructed and those engaged in the construction.     

Perceived Risk for Future Intimate Partner Violence among Women in a Domestic Violence Shelter

Research investigating women’s risk assessments for intimate partner violence (IPV) shows that women can predict future violence with relative accuracy. Limited research has investigated factors that are associated with perceived risk and the potential behavioral consequences of victim risk perception. Results from a survey of women in a domestic violence shelter (N = 56) indicated that women perceive lower risk of future violence if the abusive relationship were to end and higher risk of violence if it were to continue. Certain abuse experiences were related to elevated perceptions of personal risk for future violence. Further, perceived personal risk predicted the women’s intention to terminate their relationship upon leaving shelter. Results are discussed as they may inform interventions preventing IPV.

On Justice

This paper returns to the question of how to think of justice through Teubner’s recent definition of what he calls juridical justice. Juridical justice is defined as distinct from political, moral, social and theological conceptions of justice. Teubner attempts to think of an imaginary space for a juridical justice ‘beyond the sites of natural and positive law’ and searches for a conception of justice as the ‘law’s self-subversive principle’. This article reviews Teubner’s conception of juridical justice and further proposes a distinction between juridical and non-juridical understandings of justice.     

Characteristics of Callers to the Domestic Abuse Helpline for Men

Intimate partner violence (IPV) by women against men has been the subject of much debate. Feminists typically argue that IPV is committed only by men against women. Others argue that violence is a human problem and women also commit much IPV. To resolve these debates, IPV has been classified into two categories: common couple violence captured by population-based studies, and patriarchal terrorism, captured by studies of battered women. This typology ignores male victims of extreme IPV. The current study addresses this omission by describing 190 male callers to the Domestic Abuse Helpline for Men. All callers experienced physical abuse from their female partners, and a substantial minority feared their wives’ violence and were stalked. Over 90% experienced controlling behaviors, and several men reported frustrating experiences with the domestic violence system. Callers’ reports indicated that their female abusers had a history of trauma, alcohol/drug problems, mental illness, and homicidal and suicidal ideations.

Insecure Attachment Mediates Effects of Partners’ Emotional Abuse and Violence on Women’s Relationship Quality

Men’s emotional abuse and violence have a broad and pervasive impact on women that may include long-term effects on women’s attachment and relationship quality. In this longitudinal study, women’s Wave 6 ratings of their insecure attachment were hypothesized to mediate the relationship between partners’ Wave 5 abuse (emotional and physical) and Wave 6 relationship quality, with differences in associations by women’s Wave 5 self-classification as secure or insecure. Mediation was tested with data from a sample of 574 African American, Euro-American, and Mexican American community women who had completed at least three waves of a six wave study. Differences occurred in the final structural equation models by women’s Wave 5 attachment style, with direct paths from emotional abuse to insecure attachment and from violence to relationship quality for both groups, but direct effects of violence on relationship quality only for insecurely attached women.     

The Importance of Male Batters’ Attributions in Understanding and Preventing Domestic Violence

The present article reviews the literature regarding the importance of taking into account male batters’ attributions in order to understand and to curtail their violence. Many treatment programs have been devised to stop domestic violence (DV); however, little comparative research exists. Therefore, we are unable to determine which techniques are effective and which are not. We contend that uncovering battering men’s attributions is important in understanding DV, and specifically, that these attributions are the key to curtailing DV. We present a typology of battering men’s attributions. What is common to these attribution styles is the evasion of responsibility for commission of, and for the need to take affirmative action to stop, the violence. These attribution styles have been found to increase battering men’s hostility and stress, their risk for engaging in violent behavior, as well as enabling battering men to continue their violence unchecked. Therefore, attributions are a crucial ingredient in DV and must be addressed directly and intensely in DV treatment programs in order to increase their (as yet limited) effectiveness.     

<Emphasis Type="Italic">Familias con Voz</Emphasis>: Community Survey Results from an Intimate Partner Violence (IPV) Prevention Project with Migrant Workers

The Migrant Clinicians Network’s Familias con Voz (Families with a Voice) project aims to train migrant men and women to become intimate partner violence (IPV) peer educators in their communities. In preparation for implementing educational activities, a community survey was conducted with 298 participants in three Texas border counties. Verbal abuse, such as name calling, was the most frequent type of violence reported. Men perceived anger as a cause of partner violence significantly more than women. Only 22% of respondents reported knowing of a shelter they could turn to for help. Surprisingly, a majority of participants cited “seeking help from the police” when asked about ways to decrease partner violence. Survey results offer insight into developing effective intervention programs by capturing the intended audiences’ beliefs and attitudes. Additionally, survey results reveal possible strategies for how to tackle IPV in U.S.-Mexico border migrant farmworker communities.

A Comparative Test of Clinical Judgment Versus Actuarial Prediction of Future Violence

This study tested how graduate level psychology graduate students (n = 20) using the Adapted Violence Risk Appraisal Guide (Adapted VRAG) would do relative to practicing psychologists/psychiatrists (n = 16) using clinical judgment when predicting violence in 10 narratives from the MacArthur Violence Risk Assessment study (Monahan et al., The MacArthur violence risk assessment study. . Retrieved 10 Oct 2005). Results indicated that the practicing psychologists/psychiatrists made significantly more correct predictions than the master’s level students. The professional group demonstrated sensitivity levels of 77.7% and specificity of 96.3%. For the use of the adapted VRAG method by the graduate student group, specificity levels were modest at 54.0%. Sensitivity levels, however, were lower than earlier demonstrated levels at 58.0%. These findings are at variance with earlier reports comparing clinical and actuarial methods. The results may reflect the short amount of time the master’s level students were trained using the Adapted VRAG as well as the small number of participants in this study. Additional research comparing other professions is recommended, as well as examining if experience in the forensics field would affect one’s ability to predict violence.     

Feminism and the siren call of law

Feminists have so often declared and celebrated the fecundity of the relationship between feminism and legal reform that critique of legal doctrine and norms, together with proposals for their reconstruction, have become the hallmarks of the modern feminist engagement with law. Yet today the long-cherished ‘truth’ about law’s potentially beneficial impact on women’s lives has started to fade and the quest for legal change has become fraught with problems. In responding to the aporetic state in which feminist legal scholarship now finds itself, this paper offers a recounting of the relationship between feminism and the politics of legal reform. However, in so doing, it seeks neither to support nor to oppose these politics. Instead, it explores the historical contingencies that made this discourse possible. Utilizing Foucault’s concept of episteme, it demarcates the nineteenth century as the historical moment in which this discourse arose, and tracing the epistemic shifts underpinning the production of knowledge, locates its positivities at the interface of the time’s episteme and the discourse of transcendental subjectivity that it engendered.