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Criminal Law and the Man Problem
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A highly original monograph examining the role of men in shaping the criminal law, specifically through the law of rape and its main immunity within marriage, to the eventual dissolution of this immunity. Since, men as the central characters of criminal law have become even harder to discern, and their past dominance simply forgotten, to the considerable cost of the fairness and civility of the criminal law.

Table of Contents

Chapter 1a Introduction Chapter 1 Problem Illustrated: The landmark marital rape case of DPP v Morgan and its mixed significance for the men of law Chapter 2 The Criminal World: The landmark marital rape case of DPP v Morgan and its mixed significance for the men of law Chapter 3 Hale, Blackstone and the Character of Men: The importance of personal border control Chapter 4 JS Mill, Stephen and the Victorian Mentality Chapter 5 The Cast of Men: The Bounded Man, the Domestic Monarch and the Sexual Master Chapter 6 From Supremacy to Euphemism: Good Men Trapped in their Own Assumptions Chapter 7 Modernisation Or Men Assuming Responsibility without Taking Responsibility Chapter 8 The Invisible Man: Why the men of law cannot see the men of law Chapter 9 The Modern Individual of Criminal Law Chapter 10 Men, Women, and Civil Society: Male civility in the twenty first century Chapter 11 Recapitulation

About the Author

Ngaire Naffine is Bonython Professor of Law at the University of Adelaide, Australia.

Reviews

This ground-breaking and readable treatise belongs in every predominantly English law library in the world. -- Ken Fox, Law Society of Saskatchewan Library * Canadian Law Library Review *
In this erudite and powerfully argued book, Ngaire Naffine adds to her already distinguished contributions to feminist legal scholarship with a trenchant critique of the persistent patriarchy of criminal law. -- Nicola Lacey, London School of Economics and Political Science * Journal of Law and Society *
[A] hard-hitting, no-holds-barred critique of the pervasive maleness of criminal law, particularly, though far from exclusively, as it has operated, and continues to operate, in the sphere of sexual violence ... Naffine's book is a hugely significant achievement, likely to be devoured and debated, celebrated and critiqued, in equal measure. Most importantly, Criminal Law and the Man Problem issues a serious challenge, not just to criminal legal scholars but to legal scholars in general, to confront the continuing legacy of a deeply patriarchal past in the context of a discursive tradition in which history and authority have long been naturally aligned. -- Joanne Conaghan, University of Bristol * Feminist Legal Studies *
I found myself at times marvelling that, after decades of feminist work in this area, the point continues to need to be made that the criminal law and associated disciplines have a 'man problem'. However, on reflection, it seemed to me another plank in Naffine's argument that demonstrates both the deep-seated nature of law's masculine bias, and also the difficulty, as Naffine so eloquently argues, in making the 'men of law' recognise the problem. I can only hope that Naffine's challenge to the discipline is recognised and acted upon so that it can be an important step in confronting as well as analysing the 'man problem'. -- Tanya Serisier, Birkbeck, University of London * Alternative Law Journal *

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