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Book part
Publication date: 7 November 2022

Lucy Snow

This chapter will seek to add insight on the lived experiences of women subjected to non-fatal, non-consensual violence in sex (NCVS) by men.The chapter will draw on primary…

Abstract

This chapter will seek to add insight on the lived experiences of women subjected to non-fatal, non-consensual violence in sex (NCVS) by men.

The chapter will draw on primary research conducted by the author in the Spring and Summer of 2020, comprising in-depth interviews with eight women and a survey of 84 women, all of whom had experienced NCVS, often from multiple perpetrators. It will summarize the acts to which women were subjected (often life-threatening in nature), the long-term impacts on women, and the ways in which men minimized and re-packaged their violence. It will make the case that NCVS – often dismissed as ‘rough sex gone wrong’ – is a particularly insidious form of violence against women and girls.

The chapter will highlight how women’s sense-making processes around NCVS are often hampered by legal definitions of sexual violence, which left women wondering ‘what category to put it in’. Using Fricker’s (2007) concept on ‘epistemic injustice’, it will emphasize the need for a ‘shared tools of social interpretation’ (p. 6) around NCVS, alongside any legal changes, and the importance of campaigns like We Can’t Consent To This in giving language to women’s often unspoken experiences.

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‘Rough Sex’ and the Criminal Law: Global Perspectives
Type: Book
ISBN: 978-1-80117-928-7

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Mad Muse: The Mental Illness Memoir in a Writer's Life and Work
Type: Book
ISBN: 978-1-78973-810-0

Book part
Publication date: 14 March 2023

Rita Trivedi

The National Labor Relations Act (NLRA) creates rights for covered employees, defines conduct that violates those rights, and deems that conduct an unfair labor practice. But…

Abstract

The National Labor Relations Act (NLRA) creates rights for covered employees, defines conduct that violates those rights, and deems that conduct an unfair labor practice. But while given broad remedial powers under the Act, the Board's options were curtailed by the Supreme Court's limit on the use of deterrence as an express remedial justification. The Board was left with a strongly make-whole, i.e., ex-post, focus to undo the consequences of a violation.

Put differently, the current NLRA remedies reflect a pay-or-play philosophy. The goal is restoration after the fact, using ex-post remedies to give parties the benefit or status quo that they expected. An actor willing to pay may use a cost–benefit analysis and strategically choose to violate the Act, accepting the make-whole remedies later. But the Act created ex-ante statutory rights, not agreed-upon contractual terms. By statutory enactment, employees are given something of value deemed worthy of protection. Assigning value to compliance with the law in the first instance not only prevents sometimes irreparable harm but also reaffirms the inherent value of the right itself.

The impact of the Board's limited remedies is therefore a broad value-driven one. Without ex-ante deterrence, the available ex-post make-whole remedial options make a normative statement about individuals' rights under the Act: those rights may not be inherently worth enough to incentivize legal compliance. The make-whole focus can imply that financial compensation for the portion of harm that can be calculated and “undoing” some nonfinancial effects is sufficient. There is little drive to deter infringement before the fact. By examining the remedial philosophy behind contrasting approaches in the common law of torts and contract, this Article asserts that the current remedial strictures and framework undermine both the Act and the worth of its rights in the eyes of the public and the employees who hold them.

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Advances in Industrial and Labor Relations
Type: Book
ISBN: 978-1-80455-922-2

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Book part
Publication date: 7 November 2022

Fiona Mackenzie

In 2020, the Westminster Government proposed statutory provision prohibiting the use of ‘consent to serious harm for sexual gratification’ as a defence to criminal charges of…

Abstract

In 2020, the Westminster Government proposed statutory provision prohibiting the use of ‘consent to serious harm for sexual gratification’ as a defence to criminal charges of violence. This addition to the Domestic Abuse bill was made in response to the 18 month campaign by We Can’t Consent To This and a cross party group of MPs, after rising numbers of homicides of women where the perpetrators claimed the woman asked for the violence, in ‘rough sex’, ‘gone wrong’.

This research is based on new data and detailed analysis on 67 non-fatal violent assaults and 24 homicides where the accused claimed that this violence was consensual, focussing on criminal cases in England and Wales over the 10 years from 2010. Some earlier cases are included for historical context and particularly where they became influential in later Criminal Justice System (CJS) outcomes. It addresses a shortage of data on the use of ‘consent’ claims in defence to charges of fatal and non-fatal violence, using keyword searches on historic news and legal archives and submissions from victims in criminal cases to establish the extent of these claims, the nature of the assaults claimed consensual, and to assess the CJS’s response to the claims.

This research – part of the evidence from We Can’t Consent To This which was considered by Government – set out the case for new law on consent defences to violence, despite there being existing common law in England and Wales. This research finds that the so-called ‘rough sex’ defences have been successful in deflecting prosecution for violence against women for decades, identifying failings at every stage of the CJS, in fatal and non-fatal violent assaults. Notably the women injured in these criminal cases do not agree that they consented to the violence, where they are able to take part in criminal proceedings. But still the claims that they did appear to have succeeded.

This research proposes that change in attitudes and outcomes is needed at every stage of the CJS, and, with the UK Government proposing to keep the criminal law on this ‘under review’, identifying where further provision in law or in practice may be needed.

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‘Rough Sex’ and the Criminal Law: Global Perspectives
Type: Book
ISBN: 978-1-80117-928-7

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Book part
Publication date: 7 October 2019

Narrative criminology has made stories respectable again, despite criminology's long-professed ties to a model of positive science. Given the field's continued scepticism about…

Abstract

Narrative criminology has made stories respectable again, despite criminology's long-professed ties to a model of positive science. Given the field's continued scepticism about the ‘truthfulness’ of stories, narrative scholars have grappled carefully with the place and utility of lies for understanding the social worlds and individual identities of crime-involved populations. In this chapter, we draw from a study of women's pathways to incarceration in Sri Lanka, analysing the case of one study participant who shared with us many ‘tall tales’ about their life. In comparing Daya's account with those of other participants, we explore the complex relations among ‘truth,’ ‘fiction’ and ‘lies,’ and their implications for narrative criminology. We offer specific cautions about the place of verisimilitude and plausibility in narrative criminologists' efforts to make sense of offender narratives.

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The Emerald Handbook of Narrative Criminology
Type: Book
ISBN: 978-1-78769-006-6

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Book part
Publication date: 29 October 2012

Alicia J. Ferrara, Peter G. Stillman and Adelaide H. Villmoare

Purpose – This study examines the legal system's responses to the disaster of Hurricane Katrina and the flooding of New Orleans particularly in the first two weeks after the…

Abstract

Purpose – This study examines the legal system's responses to the disaster of Hurricane Katrina and the flooding of New Orleans particularly in the first two weeks after the storm. During this period, issues of law and order were a primary concern of government decision makers, and these issues framed those of rescue of and aid to the survivors.

Approach – The chapter draws on the analytic concept of the carceral state as it is publicly displayed in official reactions to disaster rumors of disorder and violence. The empirical focus is on policing activity and on events at the Orleans Parish Prison and Camp Greyhound, a temporary detention center established after the storm.

Findings – Largely unfounded rumors of disorder, including roaming gangs, extensive looting, rape, and murder, fueled the emphasis on law and order and policing and carceral decisions of officials. Actions intended to facilitate an individual's survival or comfort or evacuation were often treated as criminal. New Orleans became a prison city.

Originality – The analysis develops the concept of a “prison city” as an embodiment of the carceral state and suggests that the carceral state prompts and reinforces rumors about disorder and the tendency to designate policing and incarceration as essential first responses to disasters in the United States.

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Disasters, Hazards and Law
Type: Book
ISBN: 978-1-78052-914-1

Book part
Publication date: 23 November 2012

Douglas Kellner

Purpose – This chapter examines the role of the media, guns, and violence in the social construction of masculinity in today's mediatized American culture.Methodology – The…

Abstract

Purpose – This chapter examines the role of the media, guns, and violence in the social construction of masculinity in today's mediatized American culture.

Methodology – The chapter draws on critical theory and cultural studies to address crises of masculinity and school shootings. It applies and further develops Guy Debord's (1970) theory on spectacle in the contexts of contemporary violent media spectacles.

Findings – In the chapter it is argued that school shooters, and other indiscriminate gun killers, share male rage and attempts to resolve crises of masculinity through violent behavior; exhibit a fetishism of guns or weapons; and resolve their crises through violence orchestrated as a media spectacle. This demands growing awareness of mediatization of American gun culture, and calls for a need for more developed understanding of media pedagogy as a means to create cultural skills of media literacy, as well as arguing for more rational gun control and mental health care.

Originality/value of paper – The chapter contributes to the contemporary debate on mediatization of violence by discussing it within critical theory and cultural studies. The theoretical framework is applied to analysis of a range of different empirical cases ranging from school shootings to the Colorado movie theater massacre at the first night of the latest Batman movie in the summer of 2012.

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School Shootings: Mediatized Violence in a Global Age
Type: Book
ISBN: 978-1-78052-919-6

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Book part
Publication date: 2 May 2012

Stewart R. Clegg

Bureaucracy is under attack and has been for some time, specially these past 30 years. This chapter will outline the specific qualities of bureaucracy, the challenges to it that…

Abstract

Bureaucracy is under attack and has been for some time, specially these past 30 years. This chapter will outline the specific qualities of bureaucracy, the challenges to it that different critics have posed and the possible futures of bureaucracy that are being imagined. In the 1980s, as a key part of an extremely liberal and influential critique of bureaucracy, new imaginings of how to organize corporations and public sector organizations began to emerge. By the late 1990s these had morphed into a view of the network or hybrid organization as the way of the future. The chapter will suggest that the global future of bureaucracy is not as simple as some of these criticisms suggest when they see it left behind in the emergence of innovative new forms. Instead, it is suggested, there is a spatial disaggregation of organizations occurring that heralds some unsettling new futures of organizations emerging.

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Reinventing Hierarchy and Bureaucracy – from the Bureau to Network Organizations
Type: Book
ISBN: 978-1-78052-783-3

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Book part
Publication date: 5 December 2007

Michael McCann

This chapter derives from the movieDr. Strangelovecues for exploring questions about the quest for methodological insularity and purity in socio-legal research. Steven Lukes’…

Abstract

This chapter derives from the movieDr. Strangelovecues for exploring questions about the quest for methodological insularity and purity in socio-legal research. Steven Lukes’ classic three-dimensional model of power provides an intellectual focus for the core exploration of relations between epistemology and data generation, the two key elements that we usually identify with methodology. The discussion culminates in an affirmative argument for the value of approaching methodology as jazz, the creative popular music that grounds reliable, humane sense in Kubrick's movie and provides an apt analogy for much of the leading scholarship in the LSA tradition.

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Special Issue Law and Society Reconsidered
Type: Book
ISBN: 978-0-7623-1460-7

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