The Archive Function

As Joan Wallach Scott warns in The Fantasy of Feminist History, the danger of depositing one's personal papers in an archive is that one's papers then become open to misinterpretation. In this article, Scott's fears are enacted in relation to another feminist theorist's archival collection, that of prominent Canadian scholar Barbara Godard who died before she could complete the process of donating her papers to the Clara Thomas Archives and Special Collections at York University. Drawing on personal memories and eclectic textual traces, this article attempts to recover Godard's theory of the archive—a theory she never fully articulated in her lifetime, despite dedicating much of her time and energy to collecting and preserving her own words and the words and papers of her students and collaborators.     

A Voice for the Injured

This article analyses the nature and effect of the campaign against the Family Court led by social commentator Bettina Arndt from 1995 to 2006, in the context of the men's rights agenda and the politics of anti-feminist backlash. It documents the changes to Australian family law and the workings of the Family Court under the Howard government, as a result of this campaign, in order to understand the politics of backlash in the context of Wendy Brown's States of Injury theory of 1995. In this analysis, the conservative men's rights agenda is understood as a reaction to structural and economic adjustments associated with neoliberal reforms, especially labour market regulation. But this context, of structural adjustment, is distorted in the rhetoric and focus of campaigns characterised by anti-feminist backlash, such as that directed at the Family Court in Australia. The example of Arndt and her championing of men's rights in this arena is presented as a means by which to compare the different experiences and traditions of feminism in Australia and America, and the associated politics of backlash in each nation, all of which have had a profound influence on Arndt's outlook and work.     

Replacing Provocation in England and Wales: Examining the Partial Defence of Loss of Control

In October 2010, provocation was abolished as a partial defence to murder in England and Wales. Through the introduction of the Coroners and Justice Act 2009, a new partial defence of loss of control was implemented. This sought to overcome problems associated with the provocaton defence and the gendered operation of the law of homicide, particularly in relation to male‐perpetrated intimate homicides, and the inadequate response of the law to the contexts in which battered women kill. This article first provides an account of these developments, and then examines legal stakeholders' perceptions of them. Drawing from in‐depth interviews with criminal justice professionals, it considers their perceptions of the operation of the law of homicide during a period of transition, specifically considering the formulation of the new partial defence, the initial effects of its implementation, and the significant differences between the Law Commission's recommendations and the reforms implemented by the government.     

Do Retributive and Restorative Justice Processes Address Different Symbolic Concerns?

In support of a unitary conceptualization of retributive justice (justice through the imposition of punishment) and restorative justice (justice through dialogue aimed at consensus), three studies using hypothetical and recalled experiences of victimization found that people’s endorsement of, and satisfaction with, either justice notion depends on the symbolic meaning of the transgression. In Study 1, perceiving the transgression as a status/power violation was uniquely related to the endorsement of retributive justice, whereas perceiving it as a violation of shared values was uniquely related to restorative justice. In Study 2, motivation to restore status/power was related to retributive responses, whereas motivation to restore value consensus with the offender was uniquely related to restorative responses. In Study 3, a scenario experiment, respondents called for greater additional sanction when the applied justice process (retributive vs. restorative) did not fit the salient meaning of the transgressions compared to when it did (status/power vs. values).     

Babble: A Theater in Justice and Discourse

The world studied by empirical criminal justice research is babble—a congeries of voices whose meanings represent many normative worlds. Our research designs provide a frame for the babble, and our statistics codify and simplify it. We provide analytic portraits of it and, using the substantive language of crime control, give those portraits meaning. Yet, those meanings are located in a crime control discourse that de-legitimizes and destroys those normative worlds. This paper, an interpretive montage, is a collection of fractured narratives assembled to show that interpretation has something to offer the way we think about knowledge production in the field of criminal justice. It is also a cautionary tale to students in criminal justice, to remember that our scientific abstractions are an abstraction from the underlying realities of human life, not a “deeper” or in some way more real understanding. Our aim is to move the babble—the humanity from which the voices emerge—back into the foreground of justice research.

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