scholarly journals Criminalisation and the Violence(s) of the State: Criminalising Men, Punishing Women

2021 ◽  
Vol 10 (4) ◽  
pp. i-v
Author(s):  
Kate Fitz-Gibbon ◽  
Sandra Walklate
Keyword(s):  
Civil War ◽  
Criminal Law ◽  
Spanish Civil War ◽  
Unintended Consequences ◽  
The State ◽  
Common Interest ◽  
Career Stages ◽  
Special Issue ◽  
Coercive Control

This special issue brings together a group of international researchers at different career stages with one common interest: the extent to which recourse to the criminal law as a means of addressing men’s violence(s) serves the interests of women’s safety. It further explores Goodmark’s (2018) criminalisation thesis across different vital topics to consider how and under what conditions the criminalisation of men results in the punishment of women. In bringing together these different substantive areas of investigation (from the aftermath of the Spanish Civil War to debates concerning the criminalisation of prostitution, migration and the unintended consequences of criminalising coercive control), this collection provides a deeper analysis of the meaning of both criminalisation and punishment for women whose lives become entangled in and by this recourse to law.

Trajectories of Transnational Antifascist Volunteers from the Spanish Civil War to the Second World War

2019 ◽  
Vol 27 (3) ◽  
pp. 341-345
Author(s):  
Nir Arielli ◽  
Enrico Acciai
Keyword(s):  
Civil War ◽  
Spanish Civil War ◽  
Second World War ◽  
Special Issue ◽  
World War ◽  
Military Organizations ◽  
The Past ◽  
Second World

This is an introduction to a special issue on the role played by veterans of the Spanish Civil War’s International Brigades during the Second World War. It argues that the study of these veterans is worthwhile for three reasons: the extraordinary mobility that the antifascist struggle of the years 1936–45 enabled; the microcosm it provides for the assessment of what happens when ideologically fuelled concerns meet pragmatic wartime needs; and the relevance of how governments and military organizations have dealt with suspect returnees in the past for present-day dilemmas that several governments face.

scholarly journals Between Sexual Violence and Autonomy: Rethinking the Engagement of the Indian Women’s Movement with Criminal Law

2021 ◽  
Vol 22 (5) ◽  
pp. 860-877
Author(s):  
Kalika Mehta ◽  
Avantika Tiwari
Keyword(s):  
Sexual Violence ◽  
Violence Against Women ◽  
Criminal Law ◽  
Women's Movement ◽  
Unintended Consequences ◽  
The State ◽  
Women's Movements ◽  
New Delhi ◽  
The Social ◽  
Gang Rape

AbstractThe aftermath of protests triggered by a brutal gang-rape in New Delhi in December 2012 was archetypal of the broader women’s movement in post-independence India. The primary demands of the social movement to address sexual violence against women were wrapped in the language of rights-based reforms in criminal law provisions. The state responded to the social mobilization in the form of criminal law amendments, while blindsiding key recommendations from feminist groups. This Article revisits pertinent Law Commission reports, subsequent criminal law reforms, and case law on sexual violence against women to analyze how the negotiations between the women’s movement and the State on the seemingly irreconcilable demands of sexual autonomy and punishment for sexual violence. We take account of the intended and unintended consequences of this reliance on criminal law as one of the primary tools in the arsenal of Indian women’s movements. We argue that engagement on the plane of criminal law to address sexual violence against women is a case of limited imagination at best and counter-productive at its worst. This approach of the movement and feminist groups is to react to the “crime” of sexual violence after the fact, leading to distraction from much warranted structural responses. We argue that this approach makes it harder to conceptualize and implement more forward-looking relational models of responsibility that are necessary to address the structural injustice of systemic sexual violence against women.

scholarly journals The valley of the fallen: a new El Escorial for Spain

2017 ◽  
Vol 3 (1) ◽  
pp. 3-21 ◽  
Author(s):  
Queralt Solé
Keyword(s):  
Civil War ◽  
Spanish Civil War ◽  
The State ◽  
First Century ◽  
Mass Grave ◽  
Franco Regime ◽  
Mass Graves ◽  
The Dead ◽  
First Time ◽  
New Location

Since the beginning of the twenty-first century, Spain has experienced a cycle of exhumations of the mass graves of the Spanish Civil War (1936–39) and has rediscovered that the largest mass grave of the state is the monument that glorifies the Franco regime: the Valley of the Fallen. Building work in the Sierra de Guadarrama, near Madrid, was begun in 1940 and was not completed until 1958. This article analyses for the first time the regimes wish, from the start of the works, for the construction of the Valley of the Fallen to outdo the monument of El Escorial. At the same time the regime sought to create a new location to sanctify the dictatorship through the vast transfer to its crypts of the remains of the dead of the opposing sides of the war.

Genetic identification of Spanish civil war victims. The state of the art in Catalonia (Northeastern Spain)

2019 ◽  
Vol 7 (1) ◽  
pp. 419-421
Author(s):  
S. Palomo-Díez ◽  
C. Gomes ◽  
A.M. López-Parra ◽  
C. Baeza-Richer ◽  
I. Cuscó ◽  
...  
Keyword(s):  
Civil War ◽  
Spanish Civil War ◽  
State Of The Art ◽  
The State ◽  
Genetic Identification ◽  
War Victims

scholarly journals Why Criminalise Coercive Control? The Complicity of the Criminal Law in Punishing Women Through Furthering the Power of the State

2021 ◽  
Vol 9 (4) ◽  
Author(s):  
Sandra Walklate ◽  
Kate Fitz-Gibbon
Keyword(s):  
Domestic Violence ◽  
Criminal Law ◽  
The State ◽  
Limited Attention ◽  
Coercive Control ◽  
Women’S Experiences ◽  
Legal Response ◽  
Women's Experiences ◽  
The Law

Moves to criminalise coercive and controlling behaviours are hotly debated. In jurisdictions where the legal response to domestic violence has incorporated coercive control, the efficacy of such interventions has yet to be established. Within this debate, limited attention has been paid to the extent to which such moves challenge or endorse legal understandings of the ‘responsible subject’ (Lacey 2016). This article will consider the failure of both the law in theory and the law in practice to address this feature in the debates surrounding coercive control. We suggest that this failure may result in the reassertion of traditional conceptions of responsibility. Or, as Naffine (1990) might say, a reconsideration of the unintended impacts of the prevailing influence of the rational, entrepreneurial, heterosexual, white man of law. Consequently, any law intended to offer an avenue for understanding women’s experiences of coercive control can reassert women as victims to be blamed for those same experiences and sustain the power of the patriarchal state in responding to such violence.

Investigating the Crimes of the Franco Regime: Legal Possibilities, Obligations of the Spanish State and Duties Towards the Victims

2010 ◽  
Vol 10 (2) ◽  
pp. 243-274 ◽  
Author(s):  
Mónica Zapico Barbeito
Keyword(s):  
Civil War ◽  
Criminal Law ◽  
Spanish Civil War ◽  
Historical Memory ◽  
Crimes Against Humanity ◽  
Franco Regime ◽  
High Court ◽  
International Obligations ◽  
First Cause

AbstractThe opening on 16th October 2008 by the Examining Judge of the High Court Baltasar Garzón of the first cause to investigate crimes committed during the Spanish Civil War and Franco's regime has initiated a vigorous debate about not only the convenience, but also the legal possibilities to carry out this research and can meet the demands of the families of the victims, who are dissatisfied with the Law of Historical Memory. This article attempts to analyze the main problems posed by the possibility that these crimes are investigated: the problem of non-retroactivity of criminal law and the classification of the facts committed as crimes against humanity; the question of the permanence of the crime of illegal detention and, in relation to this, the question of the statute of limitations; the existence of an amnesty law; the international obligations of the Spanish State and the duties towards the victims.

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