Tema 1 (2016)

Apunte Inglés
Universidad Universidad Pompeu Fabra (UPF)
Grado Criminología y Políticas Públicas de Prevención - 3º curso
Asignatura Gender and Criminal Justice System
Año del apunte 2016
Páginas 5
Fecha de subida 13/04/2016
Descargas 5
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GENDER AND FEMINIST THEORIES SEX AND GENDER: - When we talk about Sex we are referring to biological differences, primary and secondary sex characteristics, chromosomal difference (XX, XY), sex hormones, etc.
- Gender is a culturally and socially constructed difference between men and women. It’s how you identify yourself in terms of how masculine or feminine feel, and how we expresses those traits to others According to the World Health Organization, (WHO) Gender refers to the socio-cultural construction of the sexual difference between men and women and the subordination of the latter. Gender roles, like attributes and beliefs about what is “appropriate” for each gender, vary historically and geographically; they are not homogeneous within the same society, and they intertwine with other aspects of identity, such as class, ethnic origin, sexual preferences, legal status, etc.” The traditional view on sex/gender used to be a binary distinction: man/woman, male/female, masculine/feminine.
Now, there are more than 2 perspectives on sex / gender: - Intersex people (variation in sex characteristics) - Gender identity and transgender people It is important to stress the fact that gender identity does not define your sexual orientation (Gender identity ≠ sexual orientation). Meaning that you can be a woman, that feels like a man and like men, instead of women.
Judith Butler says that gender is performative, is a social representation.
SEX & GENDERDIFFERENT REALITIES Work: Men were supposed to be productive while women were supposed to have reproductive work, domestic work, etc.
Family life: Family is women’s responsibility; therefore they have a double burden) Data 2015 UN Women - Poverty: There’s been an increase in terms of feminization of poverty.
- Education: The illiteracy rate is bigger on women because of their limited access to higher levels of instruction - Health and nutrition: sexual and reproductive health, disparities in child nutrition - Violence: Men and women are exposed differently to violence, just like the LGBT community is - The public and policy making: There’s an under-representation of women in that area A LITTLE HISTORY… Most Ancient cultures were male dominated: - Athens: women had no legal personhood and until marriage, women were under the guardianship of their father. They were not considered full citizens (≠ Sparta) - Rome: women were citizens but could not vote, hold public office, or serve in the military; children were subject to “patria potestas” (=in Roman family law, power that the male head of a family exercised over his children and his more remote descendants in the male line, whatever their age, as well as over those brought into the family by adoption. This power meant originally not only that he had control over the persons of his children, amounting even to a right to inflict capital punishment, but that he alone had any rights in private law. Thus, acquisitions of a child became the property of the father); women’s adultery was a crime (Spainuntil 1978).
In the middle Ages, like Christine de Pizan- a late medieval writer on women's issues- portrays in her book: Book of the City of Ladies (1405) women were suffering misogyny attacks. There were: - Witch-hunts first appeared in large numbers in southern France and Switzerland during the 14th and 15th centuries.
- Burning of witches: Current scholarly estimates of the number of people executed for witchcraft vary between about 40,000 and 100,000. The total number of witch trials in Europe known for certain to have ended in executions is around 12,000 (75%-80% women).
The Age of Enlightenment (18th century): Rousseau was against women’s rights, but some philosophers defended the rights of women: - Jeremy Bentham (1781) - Marquis de Condorcet (1790) - Olympede Gouges, 1791: Declaration of the Rights of Woman and the Female Citizen - Mary Wollstonecraft, 1792: A Vindication of the Rights of Woman.
On the 19th century arose the first wave feminism: - Some women began to agitate for the right to vote and participate in government and law making.
- There were abolitionist movements carried out by suffragists.
- Some women challenge laws that denied them the right to their property once they married - In 1893 New Zealand became the first country to give women the right to vote on a national level.
The purpose of it all was to get equal treatment of women and men under the Law and voting rights for women.
On the 60’ and 80’s emerged the second wave feminism: - US Women’s liberation movement, civil rights movement, gay liberation movement; Roe vs. Wade (1973) The goal was to improve women’s access to education, employment, and benefits, as well as reproductive rights.
DIVERSE FEMINIST THEORETICAL PERSPECTIVES Liberal feminism Liberal feminists emphasize political, social, legal, and economic equality between women and men. They advocated for: - Human equality and rationality - Importance of individual rights Gender role socialization is the primary source of women’s oppression, so gender socialization is the problem.
There are inequality stems from the denial of equal rights.
Liberal feminists view women’s offending as a function of gender role socialization as well; that is, women offend at a lower rate than men because their socialization provides them with fewer opportunities to engage in deviance.
Radical feminism The reason for women’s subordination is the patriarchy or male dominance.
The status quo operates with the male model as the norm, so we could say that women experience discrimination because social relations and social interactions are shaped by male power and privilege, and male power and privilege is the basis of social relations.
Radical feminists often focus on manifestations of patriarchy in crimes against women, such as domestic violence, rape, sexual harassment, and pornography, and recognize that women’s offending often is preceded by victimization, typically at the hands of men.
Marxist feminism The reason for women’s subordination is capitalism. The capitalist mode of production shapes class and gender relations that ultimately disadvantage women because women occupy the working class instead of the ruling class.
Marxist feminists theorize that women’s subordinate class status may compel them to commit crime as a means of supporting themselves economically.
Socialist feminism This theory combines radical and Marxist feminisms Patriarchy & capitalism are linked; both exploitative.
Women’s oppression results from concomitant sex- and class-based inequalities.
Socialist feminists examine causes of crime within the context of interacting gender- and classbased systems of power.
Postmodern feminism Postmodern feminists reject fixed categories and universal concepts in favor of multiple truths, and as such examine the effects of discourse and symbolic representation on claims about knowledge.
The needs and perspectives of non-Anglo, non-Western, and non-affluent women must be considered.
Women’s issues change across cultures and across time; no single feminist voice or perspective speaks for all of them.
Postmodern feminists interrogate the social construction of concepts such as “crime,” “justice,” and “deviance” and challenge accepted criminological truths.
Multiracial feminism Pioneered by non-white women who recognized the need to construct approaches to studying gender that attended to issues of power and difference It emphasizes “race as a power system that interacts with other structured inequalities to shape genders” (intersectional model).
CONTROVERSIES AMONG FEMINIST - Anti-pornography feminists argue that pornography fosters violence against women.
Liberal feminists, in contrast, emphasize free speech rights.
- Prostitution / sexual work: abolitionists and pro-rights for sexual workers - Supportive of no-drop policies / women’s autonomy before the CJS WHAT IS A FEMINIST PERSPECTIVE? There are different feminist theories, but all of them have in common: - To be a ‘woman’ is not natural/biological - Subordination - Discrimination - Law is patriarchal / sexist / discriminatory WHY ARE FEMINIST PERSPECTIVES USEFUL FOR ANALYZING /WORKING IN THE CJS? Because it increases knowledge of CJS - Wider knowledge of reality - Make visible hidden realities Policy options - How the CJS deals with women, LGBT people - More effective / adequate interventions Legitimacy of CJS: - A just system treats people equally: The rule of law is a system where human rights are respected and it’s a human right (=rights that should be respected anywhere) not to be discriminated: Rule of Lawhuman rightsno discrimination.