Skip to main content Accessibility help
×
Hostname: page-component-7c8c6479df-r7xzm Total loading time: 0 Render date: 2024-03-29T06:29:23.047Z Has data issue: false hasContentIssue false

18 - Domestic Violence, Citizenship, and Equality

Published online by Cambridge University Press:  05 August 2012

Linda C. McClain
Affiliation:
Boston University
Joanna L. Grossman
Affiliation:
Hofstra University, New York
Get access

Summary

During the last decades, there has been no aspect of women's rights in which there has been as much dramatic change as in the law of domestic violence. Fifty years ago, for example, domestic violence was not even recognized as a subject of study or as a legal problem – it was simply invisible. Marriage – the notion that husband and wife were one and that one was the husband – made domestic violence permissible and acceptable.

Today, intimate violence is recognized as a serious harm – a harm within intimate relationships that has an impact on every aspect of the law, from criminal law to torts, reproductive rights, civil rights, employment law, and international human rights, and especially family law. But we have also begun to recognize that intimate violence has profound consequences for women's right to full citizenship and equality and women's right to work, to economic independence, and to health, not only in this country, but around the world. Recognition of the international human rights dimensions of intimate violence is a first step to appreciation of global citizenship.

In this chapter, I briefly highlight some of the ways in which violence affects women's equality and citizenship. I first examine the tremendous changes in recognition of the problem and pervasiveness of intimate violence both in the United States and around the world. Given the profound nature of these changes, I only touch on themes that I have discussed more fully elsewhere.

Type
Chapter
Information
Gender Equality
Dimensions of Women's Equal Citizenship
, pp. 378 - 389
Publisher: Cambridge University Press
Print publication year: 2009

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Schneider, Elizabeth M., “Domestic Violence Law Reform in the Twenty-First Century: Looking Back and Looking Forward,” 42 Fam. L. Q.353 (2008)Google Scholar
Schneider, Elizabeth M., Hanna, Cheryl, Greenberg, Judith G., and Dalton, Clare, Introduction to Domestic Violence and the Law: Theory and Practice (New York: Foundation Press, 2nd ed. 2008), at 1–2Google Scholar
Schneider, Elizabeth M., Battered Women and Feminist Lawmaking (New Haven, CT: Yale University Press, 2000)Google Scholar
Symposium, , “Confronting Domestic Violence and Achieving Gender Equality: Evaluating Battered Women and Feminist Lawmaking by Elizabeth Schneider,” 11 Am. U. J. Gender Soc. Pol'y and L.237 (2002)Google Scholar
Schneider, Elizabeth M., “Transnational Law as a Domestic Resource: Thoughts on the Case of Women's Rights,” 38 New Eng. L. Rev.689 (2004)Google Scholar
Teach Your Students Well: Incorporating Domestic Violence Into Law School Curricula (Chicago: American Bar Association Commission on Domestic Violence, 2003)
Castleton, Bruce J. et al., “Ada County Family Violence Court: Shaping the Means to Better the Result,” 39 Fam. L. Q.27 (2005)Google Scholar
Buel, Sarah M., “Fifty Obstacles to Leaving, a.k.a. Why Abuse Victims Stay,” 28 Colo. Lawyer19 (1999)Google Scholar
Mahoney, Martha, “Legal Images of Battered Women: Redefining Issues of Separation Assault,” 90 Mich. L. Rev.1 (1991)CrossRefGoogle Scholar
MacKinnon, Catharine A., “Disputing Male Sovereignty: On United States v. Morrison,” 114 Harv. L. Rev.135 (2000)Google Scholar
Goldfarb, Sally F., “The Supreme Court, the Violence Against Women Act and the Use and Abuse of Federalism,” 71 Fordham L. Rev.57 (2002)Google Scholar
Goldscheid, Julie, “The Civil Rights Remedy of the 1994 Violence Against Women Act: Struck Down but Not Ruled Out,” 39 Fam. L. Q.157 (2005)Google Scholar
Goldfarb, Sally F., “Reconceiving Civil Protection Orders for Domestic Violence: Can Law Help the Abuse Without Ending the Relationship?,” 29 Cardozo L. Rev.1487 (2008)Google Scholar
Suk, Jeannie, “Criminal Law Comes Home,” 116 Yale L. J.2 (2006)CrossRefGoogle Scholar
Bumiller, Kristin, In an Abusive State: How Neoliberalism Appropriated the Feminist Movement Against Sexual Violence (Durham, N.C.: Duke University Press, 2008)Google Scholar
Sack, Emily J., “Battered Women and the State: The Struggle for the Future of Domestic Violence Policy,” 2004 Wisc. L. Rev. 1657Google Scholar
Saperstein, Pamela, “Teen Dating Violence: Eliminating Statutory Barriers to Civil Protection Orders,” 39 Fam. L. Q.181 (2005)Google Scholar
Schneider, Elizabeth M., “Battered Women, Feminist Lawmaking, Privacy and Equality,” in Schwarzenbach, Sybil A. and Smith, Patricia, eds., Women and the United States Constitution: History, Interpretation and Practice (New York: Columbia University Press, 2003), at 214Google Scholar
Gordon, Jennifer and Lenhardt, R. A., “Rethinking Work and Citizenship,” 55 UCLA L. Rev.1161 (2008)Google Scholar
Murphy, Jane C. and Rubinson, Robert, “Domestic Violence and Mediation: Responding to the Challenges of Crafting Effective Screens,” 39 Fam. L. Q.53 (2005)Google Scholar
Abel, Laura R., “A Right to Counsel in Civil Cases: Lessons From Gideon v. Wainwright,” 15 Temp. Pol. and Civ. Rts. L. Rev.527 (2006)Google Scholar
Engler, Russell, “Shaping a Context-Based Civil Gideon From the Dynamics of Social Change,” 15 Temp. Pol. and Civ. Rts. L. Rev.697 (2006)Google Scholar
Drew, Margaret, “Lawyer Malpractice and Domestic Violence: Are We Revictimizing Our Clients?,” 39 Fam. L. Q.7 (2005)Google Scholar
Tuerkheimer, Deborah, “Exigency,” 49 Ariz. L. Rev.801 (2007)Google Scholar

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×