The limits of law as a feminist response to social problems: A case study of police-charging policies in woman abuse cases.

摘要

Over the past several decades, there has been increased use of the law and legal process as a central method to address and resolve social problems in our society. The women's movement in particular has been successful in using the law in their attempts to create change for women, specifically in response to violence against women. The feminist movement and feminist legal theorists, however, are questioning this direct use of law. Even within feminist legal theory and the feminist movement there are differing perspectives about how the law can and should be used to resolve social problems facing women. These varying perspectives and interpretations are at the forefront of feminists' discussions, debates and strategic re-examinations of the trend to use of law as a means to resolve issues within our society.; This thesis examines the usefulness and limits of liberal law reform as an effective mechanism for resolving social injustice against women. A case study on the legal reform process undertaken to address the social problem of woman abuse demonstrates current debates within feminist legal thought and advocacy regarding the use of law as an effective means of solving social problems. The case study is analyzed to assess the philosophical and political assertions behind this particular response to the problem: the implementation and success of the reforms and the re-examination of the reforms currently taking place. By examining the actual development and implementation of the reform process undertaken to address woman abuse, we can better understand the limits and possibilities of traditional law reform as a basis for progressive feminist change. (Abstract shortened by UMI.)