VIOLENCE AND THE LAW: NOTES UNDER THE INFLUENCE OF AN EXTREME VIOLENCE
Abstract
Modern law has lived traversed by a paradox: in order to reduce violence, it legitimates it; but by legitimating it, it prevents its disappearance. It upholds it. It multiplies it. It contributes to its reproduction. This paradox is nurtured by three basic realities: (1) violence is found at the origin of many modern legal systems; (2) modern societies need to discipline violence to maintain order; and (3) law depends partially on violence for its effectiveness.Related items
Showing items related by title, author, creator and subject.
-
Domestic Violence, the Indian Child Welfare Act, and Alaska Natives: How Domestic Violence is Weaponized Against Alaska Native SurvivorsAfter the forced separation of Indian families, Congress passed the Indian Child Welfare Act (ICWA) to create heightened procedural protections to maintain and preserve Indian families. Following Adoptive Couple v. Baby Girl, 570 U.S. 637 (2013), courts have indicated concern that the heightened standards of ICWA may be overbroad and harm Indian children. This Note provides an empirical counter to that concern, illustrating that, under similar circumstances, Alaska Native parental survivors of domestic violence lose custody of their children at considerably higher rates than non-Alaska Natives. The continued disparate treatment suggests that ICWA continues to serve an important purpose in protecting Indian families and ought to be strengthened.
-
The Feminist Case for Acknowledging Women's Acts of ViolenceThis Article makes a feminist case for acknowledging women's acts of violence as consistent with-not threatening to-the goals of the domestic violence movement and the feminist movement. It concludes that broadly understanding women's use of strength, power, coercion, control, and violence, even illegitimate uses, can be framed consistent with feminist goals. Beginning this conversation is a necessary-if uncomfortable-step to give movement to the movement to end gendered violence.
-
Legal Counsel for Survivors of Campus Sexual ViolenceThis Article argues that survivors of campus sexual violence often need legal counsel before, during, and after campus disciplinary proceedings. Lawyers have been overlooked as a critical resource for survivors, and this omission means that most survivors do not receive essential services for addressing their victimization and furthering their recovery. This Article sets forth the reasons why institutions of higher education should make available free legal services to their students who are victimized, and addresses the reasons why institutions might be hesitant to do so.
