Leigh Goodmark - Böcker

Historically states have failed to seriously confront violence against women. In response, in many countries women's rights movements have called on the government to prioritize state intervention in cases involving violence between intimate partners, sexual harassment, rape, and sexual assault by both strangers and intimate partners. Those interventions have taken various forms, including the passage of substantive civil and criminal laws governing intimate partner violence, rape and sexual assault, and sexual harassment; the development of civil orders of protection; and the introduction of procedures in the criminal legal system to ensure the effective intervention of police and prosecutors. Indeed, many countries have relied upon intervention by the criminal legal system to meet their requirements under international human rights standards that obligate states to prevent, protect from, prosecute, punish, and provide redress for violence. Although states have taken divergent approaches to the passage and implementation of criminal laws and procedures to address violence against women, two things are clear: criminalization is a primary strategy relied upon by most nations, and yet criminalization is not having the desired impact. This collection explores the extent to which nations have adopted criminal legal reforms to address violence against women, the consequences associated with the implementation of those laws and policies, and who bears those consequences most heavily. The chapters examine the need for both more and less criminalization, ask whether we should think differently about criminalization, and explore the tensions that emerge when criminal law, civil law and social policy speak or fail to speak to each other. Drawing on criminalization approaches and recent debates from across the globe, this collection provides a comparative approach to assess the scope, impact of, and alternatives to criminalization in the response to violence against women.

The United States has uncritically exported its law and policy on gender violence without regard to effectiveness or cultural context, and without asking what we might learn from efforts to combat gender violence in the rest of the world. This book asks that question. Comparative Perspectives on Gender Violence: Lessons From Efforts Worldwide documents the global scope of gender violence, from countries where the legal response is just emerging to countries with longstanding law and policy regimes. Informed by international human rights law, Comparative Perspectives on Gender Violence examines policy successes and failures and grassroots efforts to elicit a robust and proactive response from China to Chile. From the work of local activists to stem the tide of sexual and intimate partner violence after the Haitian earthquake of 2005, to the efforts to eradicate dowry-related violence in India, to the public education campaigns to prevent domestic violence in Scotland, Comparative Perspectives on Gender Violence offers a comprehensive vision of efforts around the world to eradicate gender based violence. Featuring the work of leading gender violence academics and activists around the world, Comparative Perspectives on Gender Violence provides a new lens through which to consider U.S. efforts to address gender violence.

Decriminalizing Domestic Violence asks the crucial, yet often overlooked, question of why and how the criminal legal system became the primary response to intimate partner violence in the United States. It introduces readers, both new and well versed in the subject, to the ways in which the criminal legal system harms rather than helps those who are subjected to abuse and violence in their homes and communities, and shares how it drives, rather than deters, intimate partner violence. The book examines how social, legal, and financial resources are diverted into a criminal legal apparatus that is often unable to deliver justice or safety to victims or to prevent intimate partner violence in the first place. Envisioned for both courses and research topics in domestic violence, family violence, gender and law, and sociology of law, the book challenges readers to understand intimate partner violence not solely, or even primarily, as a criminal law concern but as an economic, public health, community, and human rights problem. It also argues that only by viewing intimate partner violence through these lenses can we develop a balanced policy agenda for addressing it. At a moment when we are examining our national addiction to punishment, Decriminalizing Domestic Violence offers a thoughtful, pragmatic roadmap to real reform.

Decriminalizing Domestic Violence asks the crucial, yet often overlooked, question of why and how the criminal legal system became the primary response to intimate partner violence in the United States. It introduces readers, both new and well versed in the subject, to the ways in which the criminal legal system harms rather than helps those who are subjected to abuse and violence in their homes and communities, and shares how it drives, rather than deters, intimate partner violence. The book examines how social, legal, and financial resources are diverted into a criminal legal apparatus that is often unable to deliver justice or safety to victims or to prevent intimate partner violence in the first place. Envisioned for both courses and research topics in domestic violence, family violence, gender and law, and sociology of law, the book challenges readers to understand intimate partner violence not solely, or even primarily, as a criminal law concern but as an economic, public health, community, and human rights problem. It also argues that only by viewing intimate partner violence through these lenses can we develop a balanced policy agenda for addressing it. At a moment when we are examining our national addiction to punishment, Decriminalizing Domestic Violence offers a thoughtful, pragmatic roadmap to real reform.

A profound, compelling argument for abolition feminism—to protect criminalized survivors of gender-based violence, we must dismantle the carceral system.  Since the 1970s, anti-violence advocates have worked to make the legal system more responsive to gender-based violence. But greater state intervention in cases of intimate partner violence, rape, sexual assault, and trafficking has led to the arrest, prosecution, conviction, and incarceration of victims, particularly women of color and trans and gender-nonconforming people. Imperfect Victims argues that only dismantling the system will bring that punishment to an end.   Amplifying the voices of survivors, including her own clients, abolitionist law professor Leigh Goodmark deftly guides readers on a step-by-step journey through the criminalization of survival. Abolition feminism reveals the possibility of a just world beyond the carceral state, which is fundamentally unable to respond to, let alone remedy, harm. As Imperfect Victims shows, abolition feminism is the only politics and practice that can undo the indescribable damage inflicted on survivors by the very system purporting to protect them.

A profound, compelling argument for abolition feminism—to protect criminalized survivors of gender-based violence, we must dismantle the carceral system.  Since the 1970s, anti-violence advocates have worked to make the legal system more responsive to gender-based violence. But greater state intervention in cases of intimate partner violence, rape, sexual assault, and trafficking has led to the arrest, prosecution, conviction, and incarceration of victims, particularly women of color and trans and gender-nonconforming people. Imperfect Victims argues that only dismantling the system will bring that punishment to an end.   Amplifying the voices of survivors, including her own clients, abolitionist law professor Leigh Goodmark deftly guides readers on a step-by-step journey through the criminalization of survival. Abolition feminism reveals the possibility of a just world beyond the carceral state, which is fundamentally unable to respond to, let alone remedy, harm. As Imperfect Victims shows, abolition feminism is the only politics and practice that can undo the indescribable damage inflicted on survivors by the very system purporting to protect them.

Choice's Outstanding Academic Title list for 2013 The development of a legal regime to combat domestic violence in the United States has been lauded as one of the feminist movement's greatest triumphs. But, Leigh Goodmark argues, the resulting system is deeply flawed in ways that prevent it from assisting many women subjected to abuse. The current legal response to domestic violence is excessively focused on physical violence; this narrow definition of abuse fails to provide protection from behaviors that are profoundly damaging, including psychological, economic, and reproductive abuse. The system uses mandatory policies that deny women subjected to abuse autonomy and agency, substituting the state's priorities for women's goals. A Troubled Marriage is a provocative exploration of how the legal system's response to domestic violence developed, why that response is flawed, and what we should do to change it. Goodmark argues for an anti-essentialist system, which would define abuse and allocate power in a manner attentive to the experiences, goals, needs and priorities of individual women. Theoretically rich yet conversational, A Troubled Marriage imagines a legal system based on anti-essentialist principles and suggests ways to look beyond the system to help women find justice and economic stability, engage men in the struggle to end abuse, and develop community accountability for abuse.