Feminist Perspective

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Katherine Van Wormer - One of the best experts on this subject based on the ideXlab platform.

  • restorative justice as social justice for victims of gendered violence a standpoint Feminist Perspective
    Social Work, 2009
    Co-Authors: Katherine Van Wormer
    Abstract:

    Because of an increasing awareness of inadequacies in the criminal justice system in meeting the needs of victims of crime, there is a growing movement to use alternative, more informal forms of instituting justice for victims, offenders, and communities (see, for example, Belknap, 2007; Bui, 2007; Chesney-Lind, 2002; van Wormer & Roberts, 2009). The strategies, known collectively as restorative justice, involve a conferencing process guided by a trained facilitator. The purpose of the restorative form of justice is reconciliation rather than punishment, healing rather than retribution. To date, restorative processes have been used primarily to deal with cases of property crime and juvenile offenders. "No one foresaw," as researchers Umbreit, Vos, Coates, and Brown (2003) informed us, "that such processes might be appropriate in cases of severe violence such as felony assaults, vehicular homicide or murder" (p. 13). Restorative justice is rarely explored from a Perspective that is attentive to gendered crime, such as domestic violence (Stubbs, 2007). Some experts in the field have ruled out the suitability of restorative techniques in cases of domestic violence because of power imbalances in the relationship and the fact that the relationship between offender and victim is often ongoing (see Busch, 2002; Strang & Braithwake, 2002; Stubbs, 2007). Others have advocated for restorative strategies for the same reason--because the relationships are ongoing (Grauwiler & Mills, 2004; Presser & Gaarder, 2004). The overall purpose of this article is to explore the possibility of adapting restorative processes to the needs of female victims of gendered crime. A related challenge is to examine the principles of restorative justice for compatibility with the teachings and values of standpoint Feminist theory. But first let us review the conventional legal process that commonly takes place from the time that a battered woman calls on law enforcement for help through her movement through the system of prosecution and sentencing. The policies of mandatory arrests and prosecution are viewed from a Feminist Perspective, as are the principles and practices of restorative justice. From the many varieties of feminism, the teachings of one school of feminism--standpoint feminism--is chosen as the guiding framework for this discussion. This branch of Feminist theory was selected because of the clear formulation of its precepts and because of its emphasis on "giving voice" and listening to women's voices (Bui, 2007; Collins, 1990, 1998; Swigonski, 1994). The central focus of this article is on the basic tenets of restorative justice and consideration of its relevance to the gendered crimes of intimate partner violence and sexual assault. Restorative justice processes, as will be seen, may or may not be advisable for these gendered crimes. STANDARD HANDLING OF DOMESTIC VIOLENCE CASES Standard court processes and plea bargaining behind closed doors often fail to meet the needs of the victims and members of the community (Van Ness & Strong, 2002). The results of victim satisfaction surveys show that even when the prosecution of a perpetrator of domestic crime has been successful, the results may not meet the needs of the victim--survivor (see Rozee & Koss, 2001; van Wormer & Bartollas, 2007; Zehr, 1990). Erez and Belknap (1998) and Grauwiler and Mills (2004) found, in their studies of battered women, that many of them had a negative view of the criminal justice system. Most of these women expressed a desire to make the decision whether or not to have the person arrested and whether or not to withdraw the charges at some later point. Furthermore, they expressed a desire to be treated as individuals by law enforcement officers and prosecutors. To get at the roots of the problem, Hotaling and Buzawa (2003) interviewed victims of intimate partner violence whose cases had been handled in a model court setting in Massachusetts. …

  • restorative justice as social justice for victims of gendered violence a standpoint Feminist Perspective
    Social Work, 2009
    Co-Authors: Katherine Van Wormer
    Abstract:

    This article provides an overview of restorative justice as a process and examines its relevance to women who have been victimized by physical and sexual abuse. The starting point is the justice system with its roots in adversarial, offender-oriented practices of obtaining justice. The widespread dissatisfaction by battered women and rape victims and their advocates with the current system of mandatory law enforcement opens the door for consideration of alternative forms of dealing with domestic violence. Restorative justice strategies, as argued here, have several major advantages. Like social work, these strategies are solution-based rather than problem-based processes, give voice to marginalized people, and focus on healing and reconciliation. Moreover, restorative justice offers an avenue through which the profession of social work can re-establish its historic role in criminal justice. The four models most relevant to women's victimization are victim-offender conferencing, family group conferencing, healing circles, and community reparations. Each model is examined separately from a Feminist standpoint. The discussion is informed by insights from the teachings of standpoint Feminist theory and social work values, especially social justice.

Michael P Johnson - One of the best experts on this subject based on the ideXlab platform.

Isharyanto Isharyanto - One of the best experts on this subject based on the ideXlab platform.

  • Feminist Perspective towards the legal theory on fisher women s legal entity
    FIAT JUSTISIA:Jurnal Ilmu Hukum, 2019
    Co-Authors: Rima Vien Permata Hartanto, Adi Sulistiyono, Isharyanto Isharyanto
    Abstract:

    This research explores the issue of the legal entity for fisher-women. Feminists Legal Theory is the main foundation. This theory seeks to criticise and dismantle the law by questioning the existence of laws that bring injustice to women's groups. In the Indonesian context, where the influence of patriarchal ideology and legal positivism theory is still active, the view that the law is believed to be neutral and objective has resulted in many things that discriminate and marginalise women's groups. This research presents the criticism of Law Number 7 of 2016 concerning the Protection and Empowerment of Fishermen, Fish Cultivators and Salt Cultivators for the recognition of the legal entity of fisher-women. This research is theoretical with the type of literature study focusing on ideas using a Feminist Perspective research approach. The results of the study indicates the that Law Number 7 of 2016 concerning the Protection and Empowerment of Fishermen, Fish Cultivators and Salt Farmers contains many weaknesses. There is a prejudice towards the work of fishers, there is a problem defining fishers because women are excluded from defining fishers, the absence of recognition of fisher-women affects the law and becomes indirect discrimination because of gender blindness and does not take into account in terms of women's experience or interests. Keyword s : Feminist Legal Theory, Law Number 7 of 2016 concerning the Protection and Empowerment of Fishermen, Fish Cultivators and Salt Farmers, Fisher Woman Legal entity

  • Feminist Perspective towards the Legal Theory on Fisher-Women’s Legal Entity
    Lampung University, 2019
    Co-Authors: Hartanto, Rima Vien Permata, Sulistiyono Adi, Isharyanto Isharyanto
    Abstract:

    This research explores the issue of the legal entity for fisher-women. Feminists Legal Theory is the main foundation. This theory seeks to criticise and dismantle the law by questioning the existence of laws that bring injustice to women's groups. In the Indonesian context, where the influence of patriarchal ideology and legal positivism theory is still active, the view that the law is believed to be neutral and objective has resulted in many things that discriminate and marginalise women's groups. This research presents the criticism of Law Number 7 of 2016 concerning the Protection and Empowerment of Fishermen, Fish Cultivators and Salt Cultivators for the recognition of the legal entity of fisher-women. This research is theoretical with the type of literature study focusing on ideas using a Feminist Perspective research approach. The results of the study indicates the that Law Number 7 of 2016 concerning the Protection and Empowerment of Fishermen, Fish Cultivators and Salt Farmers contains many weaknesses. There is a prejudice towards the work of fishers, there is a problem defining fishers because women are excluded from defining fishers, the absence of recognition of fisher-women affects the law and becomes indirect discrimination because of gender blindness and does not take into account in terms of women's experience or interests

Elaine J Hall - One of the best experts on this subject based on the ideXlab platform.

  • rethinking stratification from a Feminist Perspective gender race and class in mainstream textbooks
    American Sociological Review, 1996
    Co-Authors: Myra Marx Ferree, Elaine J Hall
    Abstract:

    Economic stratification and social class occupy a central position in sociological discourse as the core organizing features of modern societies. Yet such economically centered models of stratification often disregard factors like physical violence and the intra-household distribution of resources that shape power and autonomy for all group. Using a sample of textbooks from 1983 through 1988, we examine "mainstream" sociology, that is, the sociology that teachers, students, and textbook publishers have treated as nonproblematic. We show how stratification analysis is applied to class, race, and gender in profoundly unequal ways. Rather than integrating macro, meso, and micro levels of social structure as interactive and mutually determinative in their discussions of race, class, and gender, introductory sociology textbooks segregate stratification processes. They discuss class at the societal (or macro) level of analysis, gender at the individual (or micro) level, and race at a group (or meso) level. We analyze the quantitative and qualitative elements of the coverage of class, race, and gender in indexes, texts, pictures, and captions, and suggest that attention to Feminist theories of gender would produce a more integrated, multilevel, and interactive view of stratification.

Candyce S Russell - One of the best experts on this subject based on the ideXlab platform.

  • a Feminist critique of solution focused therapy
    American Journal of Family Therapy, 1998
    Co-Authors: Shannon B Dermer, Crystal Wilhite Hemesath, Candyce S Russell
    Abstract:

    Abstract Applying the Feminist critique to solution-focused therapy highlights the strengths and weaknesses of this model from a Feminist Perspective. Although solution-focused therapy and Feminist approaches share an emphasis on competence and strengths, solution-focused therapy tends to overlook gender and power differences. In general, the model falls prey to what R. T. Hare-Mustin (1987) referred to as beta-prejudice-neglecting differences.