‘The Criminal Law frequently results in unjust treatment of individuals and groups within society, which will not be solved by changing specific Laws.’ Critically discuss this statement in relation to the Criminal Law, using examples.
Law can be metaphorically defined as a body of authority and rules which is archaic, bias and irrational. The Law exercises power and, “resists and disqualifies alternative accounts of social reality”. Smart, C. (1989:4) Arguably in order to criminalise particular groups and individuals within society, despite claims that Law; logical, unbiased and rational. Criminal Law, also referred to as the penal Law is a system concerned with the punishment of offenders; those committing the ‘crimes’. Criminal Law has …show more content…
Furthermore, the impact and judgement from determining contexts, conceivably enact the outcomes of unjust ‘punishment’ to those which are vilified by particular state powers; police, media and the courts. A few examples of these groups and individuals within society are; women, children, working class and black ethnic minority groups. Or to recast this, any person who is not white, male, heterosexual and upper class. This further defies the Rule of Law, meaning that all persons and states are equal before the Law and that no one is above the Law. Despite this, Bingham,T. (2010:85) states, “it would seem to be an obvious implication of the principle that everyone is bound by an entitled to protection of the Law.”
Intersectionality can be used as an analytical tool to reveal how, “conditions of social and political life and the self can seldom be understood as shaped by one factor.” (Bilge, S and Hill Collins, P.) These factors may be as such; age, gender, sexuality and class. Intersectionality can also help to understand the inequality and injustice which happens to certain groups who are, “shaped by many factors in diverse and mutually influencing ways.” (Bilge, S and Hill Collins, P.) By allowing an insight to the various axis’s, working together which create social …show more content…
“The practice of Law silences women’s aspirations and needs, and conversely privileges those of men.” Bottomley, A. (1987:12, cited in, Smart, C. 1989:20) The construction of gender and ‘appropriate femininity stems from patriarchy, which can be defined as “men’s domination over women” and that it can also be viewed as, “women’s subordination in contemporary society.” Walby, S. (1990: 1-4) Such torture may lead to cases we see such as, R v Thornton. A woman accused of murdering her husband after being an invisible victim, of domestic violence and
Law can be metaphorically defined as a body of authority and rules which is archaic, bias and irrational. The Law exercises power and, “resists and disqualifies alternative accounts of social reality”. Smart, C. (1989:4) Arguably in order to criminalise particular groups and individuals within society, despite claims that Law; logical, unbiased and rational. Criminal Law, also referred to as the penal Law is a system concerned with the punishment of offenders; those committing the ‘crimes’. Criminal Law has …show more content…
Furthermore, the impact and judgement from determining contexts, conceivably enact the outcomes of unjust ‘punishment’ to those which are vilified by particular state powers; police, media and the courts. A few examples of these groups and individuals within society are; women, children, working class and black ethnic minority groups. Or to recast this, any person who is not white, male, heterosexual and upper class. This further defies the Rule of Law, meaning that all persons and states are equal before the Law and that no one is above the Law. Despite this, Bingham,T. (2010:85) states, “it would seem to be an obvious implication of the principle that everyone is bound by an entitled to protection of the Law.”
Intersectionality can be used as an analytical tool to reveal how, “conditions of social and political life and the self can seldom be understood as shaped by one factor.” (Bilge, S and Hill Collins, P.) These factors may be as such; age, gender, sexuality and class. Intersectionality can also help to understand the inequality and injustice which happens to certain groups who are, “shaped by many factors in diverse and mutually influencing ways.” (Bilge, S and Hill Collins, P.) By allowing an insight to the various axis’s, working together which create social …show more content…
“The practice of Law silences women’s aspirations and needs, and conversely privileges those of men.” Bottomley, A. (1987:12, cited in, Smart, C. 1989:20) The construction of gender and ‘appropriate femininity stems from patriarchy, which can be defined as “men’s domination over women” and that it can also be viewed as, “women’s subordination in contemporary society.” Walby, S. (1990: 1-4) Such torture may lead to cases we see such as, R v Thornton. A woman accused of murdering her husband after being an invisible victim, of domestic violence and