scholarly journals The Violation of Women - Towards a Clearer Consciousness

1969 ◽  
pp. 900 ◽  
Author(s):  
Lois G. MacDonald
Keyword(s):  
Legal System ◽  
Battered Woman ◽  
Battered Woman Syndrome ◽  
Power And Control ◽  
And Control

The author examines the dynamics of power and control underlying the violation of women in society. This violation, she argues, is caused not by independent, isolated incidents by aberrant individuals, but rather, by societal behaviours and attitudes which systematically discriminate and oppress women. The author also demonstrates how the legal system in its reliance on the "battered woman syndrome" perpetuates the marginalization of women. This condition is further worsened by use of terminology which negatively characterises women. The important questions of why women are allowed to be violated in our society and how this violation can be prevented remain unacknowledged and unanswered. The author concludes that there are no simple solutions to achieve the goal of eradicating the violation of women and calls for the establishment of substantive means to effectively meet the goal and prevent it from becoming a mere ideal.

Justice Defiled

2021 ◽  
pp. 217-239
Author(s):  
Debasish Roy Chowdhury ◽  
John Keane
Keyword(s):  
Criminal Justice ◽  
Rule Of Law ◽  
Legal System ◽  
Police Force ◽  
Court System ◽  
Social Foundations ◽  
Power And Control ◽  
The Social ◽  
Practical Effect ◽  
And Control

India’s criminal justice system is seen to be so broken that even the dysfunctional and corrupt police force is reckoned to have a better shot at ensuring justice than the courts. Given the speed at which rape cases—or all cases, for that matter—crawl through a clogged and corrupted legal system, the chances of swift justice are non-existent. The decaying and sluggish court system ensures that India has one of the world’s highest rates of ‘undertrials’, or people awaiting trial and sentencing in prison. A clogged and corrupted court system hastens the breakdown of the social foundations of Indian democracy. Ultimately, the infirmities of the Indian judiciary violate the spirit and substance of the rule of law, the principle that legal institutions and written laws should have the practical effect of curbing and balancing the ambitions of the powerful, and those seeking power over others. According to that principle, rule of law is the cure for despotism. What India now has, however, is ‘rule through law’, a system in which law is weaponized as an instrument of power and control by elected despots, thanks to a slow and servile judiciary

Power and Control in the Legal System

2013 ◽  
Vol 19 (2) ◽  
pp. 166-186 ◽  
Author(s):  
Laurel B. Watson ◽  
Julie R. Ancis
Keyword(s):  
Legal System ◽  
Power And Control ◽  
And Control

Power and control: transferring energy when there is work to be done

2005 ◽  
pp. 29-30
Author(s):  
Naveen Sharma ◽  
William Stanley
Keyword(s):  
Power And Control ◽  
And Control

International Human Rights Law and Blockade

2018 ◽  
Author(s):  
Phillip Drew
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
European Court ◽  
Power And Control ◽  
International Human ◽  
Extraterritorial Jurisdiction ◽  
And Control

The years since the beginning of the twenty-first century have seen a significant incursion of international human rights law into the domain that had previously been the within the exclusive purview of international humanitarian law. The expansion of extraterritorial jurisdiction, particularly by the European Court of Human Rights, means that for many states, the exercise of physical power and control over an individual outside their territory may engage the jurisdiction of human rights obligations. Understanding the expansive tendencies of certain human rights tribunals, and the apparent disdain they have for any ambiguity respecting human rights, it is offered that the uncertain nature of the law surrounding humanitarian relief during blockades could leave blockading forces vulnerable to legal challenge under human rights legislation, particularly in cases in which starvation occurs as a result of a blockade.

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