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Retribution Revisited: A Reconsideration Of Feminist Criminal Law Reform Strategies, Dianne L. Martin
Retribution Revisited: A Reconsideration Of Feminist Criminal Law Reform Strategies, Dianne L. Martin
Osgoode Hall Law Journal
Were the last 30 years of feminist law reform activity around criminal justice misdirected? Or, if not misdirected, have the efforts been appropriated and manipulated by the New Right? This commentary reflects on this history, and on the failures of the retributive justice project generally, and argues for a reexamination of both. The discussion focuses on the tactics of the New Right and on the retributive goals of some victims' rights organizations as a means of highlighting the unintended consequences of key feminist initiatives around violence against women. Finally, the commentary identifies alternatives to retribution and a need for careful …
Where We Have Been, And Where We Might Be Going: Some Cautionary Reflections On Rape Law Reform, The Sixty-Eighth Cleveland-Marshall Fund Lecture , Joshua Dressler
Where We Have Been, And Where We Might Be Going: Some Cautionary Reflections On Rape Law Reform, The Sixty-Eighth Cleveland-Marshall Fund Lecture , Joshua Dressler
Cleveland State Law Review
We should always be looking to see where we are, how we got there, and where we appear to be going. My purpose in this article has been to ask those questions in the context of rape law. In evaluating rape reform, I have tried to be fair-minded and balanced in my observations. I have suggested areas in which the law should go further to protect against sexual misconduct, but I have also expressed my belief that rape law reform threatens to move in undesirable directions. In particular, I have argued that there is a risk that courts will follow …