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Articles 1 - 15 of 15
Full-Text Articles in Law
Response To Commentators, Michelle Dempsey
Response To Commentators, Michelle Dempsey
Michelle Madden Dempsey
This short essay responds to commentators who generously contributed to Criminal Law & Philosophy’s symposium on my book, PROSECUTING DOMESTIC VIOLENCE (Oxford University Press 2009)
Decriminalizing Victims Of Sex Trafficking, Michelle Madden Dempsey
Decriminalizing Victims Of Sex Trafficking, Michelle Madden Dempsey
Michelle Madden Dempsey
Despite the United States’ commitment to decriminalizing victims of sex trafficking and the obvious injustice of subjecting these victims to criminal penalties, the majority of jurisdictions throughout the U.S. continue to treat sex trafficking victims as criminals. This paper argues that the criminal law must abandon this practice. Part one presents a brief account of definitional and conceptual debates regarding what counts as sex trafficking. Part two explains why we must decriminalize victims of sex trafficking. Part three outlines four methods of decriminalizing sex trafficking victims, and defends what has come to be known as the “Nordic model” as the …
Public Wrongs And The ‘Criminal Law’S Business’: When Victims Won’T Share, Michelle Dempsey
Public Wrongs And The ‘Criminal Law’S Business’: When Victims Won’T Share, Michelle Dempsey
Michelle Madden Dempsey
Amongst the many valuable contributions that Professor Antony Duff has made to criminal law theory is his account of what it means for a wrong to be public in character. In this chapter, I sketch an alternative way of thinking about criminalization, one which attempts to remain true to the important insights that illuminate Duff’s account, while providing (it is hoped) a more satisfying explanation of cases involving victims who reject the criminal law’s intervention.
Defining Sex Trafficking In International And Domestic Law: Mind The Gaps, Michelle Dempsey, Carolyn Hoyle, Mary Bosworth
Defining Sex Trafficking In International And Domestic Law: Mind The Gaps, Michelle Dempsey, Carolyn Hoyle, Mary Bosworth
Michelle Madden Dempsey
This Article undertakes a comparative analysis of the UN definition of trafficking (Art 3, Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children) and definitions of trafficking enacted in the domestic law of many state parties to the Protocol. The article identifies significant discrepancies between international and domestic definitions of trafficking and considers possible explanations for the gaps between the international and domestic law definitions.
How To Argue About Prostitution, Michelle Dempsey
How To Argue About Prostitution, Michelle Dempsey
Michelle Madden Dempsey
This article provides a comparative analysis of various methodologies employed in building arguments regarding prostitution law and policy, and reflects on the proper aims of legal philosophy more generally. Taking Peter de Marneffe’s Liberalism and Prostitution (OUP 2010) as a launching point for these reflections, the article offers a mostly favourable review of the book as a whole, and defends the philosophical enterprise as one (amongst other) valuable ways to argue about prostitution.
Sex Trafficking And Worker Justice, Michelle Dempsey
Sex Trafficking And Worker Justice, Michelle Dempsey
Michelle Madden Dempsey
This essay argues that the dualistic conception of work in Catholic social teaching – most notably in John Paul II’s Laborem Excerens – may provide a bridge between otherwise deeply divided views regarding how to conceptualize and define sex trafficking.
Researching Trafficked Women: On Institutional Ressistance And The Limits Of Feminist Reflexivity, Michelle Dempsey, Mary Bosworth, Carolyn Hoyle
Researching Trafficked Women: On Institutional Ressistance And The Limits Of Feminist Reflexivity, Michelle Dempsey, Mary Bosworth, Carolyn Hoyle
Michelle Madden Dempsey
This article exposes methodological barriers we encountered in a small research project on women trafficked for the purpose of sexual exploitation and our attempts, drawing on feminist and emergent methods, to resolve them. It critically assesses the role of institutional gatekeepers and the practical challenges faced in obtaining data directly from trafficking victims. Such difficulties, it suggests, spring at least in part from lingering disagreements within the feminist academic, legal, and advocacy communities regarding the nature, extent and definition of trafficking. They also reveal concerns from policy makers and practitioners over the relevance and utility of academic research. While feminist …
Labeling The Victim Of Sex Trafficking: Exploring The Borderland Between Rhetoric And Reality, Michelle Dempsey, Mary Bosworth, Carolyn Hoyle
Labeling The Victim Of Sex Trafficking: Exploring The Borderland Between Rhetoric And Reality, Michelle Dempsey, Mary Bosworth, Carolyn Hoyle
Michelle Madden Dempsey
In this article we discuss findings from a small scoping study into the experiences of victims of trafficking and those who work with them. We use testimonies from our interviews to examine issues of choice, slavery and escape. We challenge some of the current language and terminology in the literature on trafficking and call for a more nuanced appreciation of the relationship between agency and victimization.
Sex Trafficking And Criminalization: In Defense Of Feminist Abolitionism, Michelle Dempsey
Sex Trafficking And Criminalization: In Defense Of Feminist Abolitionism, Michelle Dempsey
Michelle Madden Dempsey
This article provides an overview of the feminist abolitionist response to sex trafficking and defends criminalizing the purchase of sex on grounds of complicity and endangerment.
Breaking New Ground In International Criminal Law And Philosophy, Michelle Dempsey
Breaking New Ground In International Criminal Law And Philosophy, Michelle Dempsey
Michelle Madden Dempsey
This is a book review of Larry May and Zachary Hoskins, eds., International Criminal Law and Philosophy (Cambridge University Press, 2010).
Prosecuting Domestic Violence: A Philosophical Analysis, Michelle Dempsey
Prosecuting Domestic Violence: A Philosophical Analysis, Michelle Dempsey
Michelle Madden Dempsey
The main question which motivates the inquiry undertaken in this book is: what should public prosecutors do when victims withdraw support for domestic violence prosecutions? The answer defended herein can be summarized as follows: within the realm of justified (permissible) action, prosecutors should respond effectively; which is to say that, ceteris paribus, domestic-violence prosecutors should respond as feminists. This claim is intended as a provocative formulation of the proposition that domestic violence prosecutors should act for reasons generated by the value of reconstituting their states (and communities) as less patriarchal. This book defends that claim in two steps: first, it …
Teaching Rape: Some Reflections On Pedagogy, Michelle Dempsey
Teaching Rape: Some Reflections On Pedagogy, Michelle Dempsey
Michelle Madden Dempsey
This short essay, which discusses the difficulties of teaching sexual offences, was written for the Oxford Law Society and published in the student run magazine, The Verdict, in Trinity Term 2007.
Toward A Feminist State: What Does Effective Prosecution Of Domestic Violence Mean?, Michelle Dempsey
Toward A Feminist State: What Does Effective Prosecution Of Domestic Violence Mean?, Michelle Dempsey
Michelle Madden Dempsey
This article examines domestic violence criminal prosecutions and addresses what effective prosecutorial action means in such cases. The argument elaborates on a point recently articulated by the UN Special Rapporteur on Violence against Women, which links effective prosecution of violence against women to the creation of a less patriarchal society. The article concludes that effective prosecution of domestic violence means prosecution which constitutes the State as less patriarchal ceteris paribus
Why Sexual Prenetration Requires Justification, Michelle Dempsey, Jonathan Herring
Why Sexual Prenetration Requires Justification, Michelle Dempsey, Jonathan Herring
Michelle Madden Dempsey
This article defends the claim that sexual penetration is a prima facie wrong: it requires justification. We defend this claim by reference to considerations relating the use of physical force required to achieve sexual penetration, the occurrence and risk of harm posed by sexual penetration, and the negative social meaning of sexual penetration in patriarchal societies. The step we take in this article is a preliminary part of a larger project. We are not here directly concerned with questions of criminalisation; we aim simply to map the moral landscape of sexual penetration.
Rethinking Wolfenden: Prostitute-Use, Criminal Law, And Remote Harm, Michelle Dempsey
Rethinking Wolfenden: Prostitute-Use, Criminal Law, And Remote Harm, Michelle Dempsey
Michelle Madden Dempsey
This article critiques the Wolfenden Committee's conclusion that criminalising prostitute-use is inconsistent with the liberal harm principle. Section one evaluates recent empirical evidence challenging Wolfenden's assumptions regarding prostitution. Section two analyses the use of forced-prostitutes as a direct harm offence of rape. Section three presents a new approach to criminalising the conduct of prostitute-users, and sketches a prima facie case in favour of criminalising solicitation for prostitute-use as an abstract endangerment offence.