Week 2: The Construction of Law—A Gendered Lens

Learning Outcomes:

Outline the necessity of rethinking criminology through a gendered lens.
Identify key features characterizing this rethinking: feminist empiricism, standpointism, postmodern feminism.
Reflect on the implications of these positions for research and methodology.
Articulate how the law may be viewed as 'gendered' with referenced examples.

Lecture Content:

Introduction
Key features of Feminist Empiricism
Standpointism
Intersectionality
Postmodern Feminism
Gendered construction of the law

Activity 1: Discussion Prompts

Consider gender's impact on an individual’s experience within the criminal justice system.
Discuss how gender and gender inequality might influence legislation and laws.
Explore how gender affects the enforcement of laws.
Note: There are no right or wrong answers; these prompts are designed to stimulate critical thinking.

Introduction

Feminist Critique of Criminology:

Identifies neglect and distortion of women's roles in criminology.
The male perspective dominates criminological theories.
Examples include:

Labelling Theory: Focuses on males without addressing moral panics surrounding girls and women.
Blocked Opportunities Theory: Emphasizes male economic patterns, ignoring distinct female patterns of deviance.

The feminist critique reveals that criminological research often harbors bias, marked by an androcentric lens.

Epistemologies and Ontologies

Key Definitions:

Epistemology: Concerns the nature of knowledge—how it is acquired, its validity, and its scope.
Ontology: Explores the nature of reality, influencing how we understand lived experiences.

Impact on Criminology:

The male focus distorts knowledge in criminology.
Results in invisibility of female lived realities.

Alternative Epistemologies: Sandra Harding (1986)

Harding's Argument:

Traditional epistemologies are often androcentric—racist, sexist, and exclusionary.
There’s a need for alternative epistemologies to transform knowledge acquisition and understanding.

Key Features of Feminist Epistemology:

Empiricism
Standpoint Theory
Postmodern Feminism
Intersectional Feminism

Feminist Empiricism

Definition: Recognition that traditional science is male-biased, leading to exclusion of women’s perspectives.

Challenges the androcentricity of the discipline.
Aims to give visibility to women’s experiences and offending.
Benefits:

Increased awareness of women's victimization and the gendered nature of punishment.

Critiques:

Women’s studies might become ghettoized, leaving traditional male-centric criminology unchallenged.

Standpoint Feminism

Core Belief: Experience is vital for knowledge; men and women have different lived experiences.

Challenges the exclusion of women as knowledge creators.
Feminist voices critically examine male narratives about women.
Application in research on:

Rape
Violence against women

Critiques:

Tends to neglect masculinity and male offending issues.

Intersectionality

Definition: The theory that multiple social identities (such as race, gender, class) intersect to create unique experiences of oppression.

Rooted in the work of Kimberlé Crenshaw, it emphasizes that experiences of marginalized groups, particularly women of color, are often overlooked.
Calls for comprehensive analysis that recognizes the complexities of identity and discrimination.

Postmodern Feminism

Key Aspects:

Embraces diversity and rejects singular norms of womanhood.
Recognizes multiple perspectives regarding power and inequality.
Emphasizes the role of language in shaping and transforming narratives about gender.
Critique of objectivity reveals its limitations.

Feminist Research

Feminist Research Defined:

Choice of research topic reflecting feminist priorities.
Engagement in research processes sensitive to feminist perspectives.
Ergonomic relations between the researcher and subjects.
Incorporating reflexivity into the research methodology.

Key Concept - Reflexivity

Definition: The practice of researchers reflecting on their social identities and biases affecting the research context.

Encourages ethical research that authentically represents women's narratives.
Involves self-awareness and a critical examination of assumptions.

Feminist Responses to the Law

Law as a Claim to Truth:

The law posits its own method and legitimacy, standing apart from other societal discourses.

Phallogocentric Discourse

Carol Smart's Analysis:

Describes the law as steeped in masculine biases.
Asserts that legal thought operates around sexualized hierarchies.

Core Readings for Further Study:

"Women, Crime and Criminology: A Feminist Critique" (1976)
"The Ties That Bind: Law, Gender and Family" (2000)
"Feminism and the Power of Law" (1989)
"Law, Crime and Sexuality: A Personal Exploration" (1995)
"Not a Single Story: A Feminist Perspective on the Law" (2005)
"Feminism and the Law: An Introduction" (2009)

Law as Neutral

Critique by Naffine (1990):

The law appears neutral but lacks true impartiality.
MacKinnon (1989) emphasizes that laws reflect male perspectives.
Law is not neutral; it reproduces various social hierarchies.

Quote:

"The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread." - Anatole France

Law as Historical and Cumulative

Characteristics:

Law is shaped by historical precedents, hidden biases, and existing power dynamics.
Reinforces existing societal inequalities related to gender, race, class, etc.

Law as Gendered

Systematic Issues:

Operates with inherent gender biases, creating barriers for women.
Involves androcentric presuppositions that affect legislation and practices.

Conclusion

Key Takeaways:

The historical perspective of criminology is deeply androcentric.
To transform this view, we must acknowledge the consequences of androcentricism on knowledge and women's lived experiences.
Embracing alternative epistemologies is vital for reforming established understanding, particularly in the legal domain.

Upcoming Seminar Activity: Watch Kimberlé Crenshaw discuss intersectionality at this link.

Next Week's Focus:

Lecture: Theorising Gendered Criminality
Seminar Reading: Winlow & Hall (2009) - Retaliate First: Memory, Humiliation and Male Violence.

Rethinking Criminology: A Gendered Perspective

Rethinking Criminology: A Gendered Perspective