WDW101Y1 Lecture : WDW365 20 October 2011.docx

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Infanticide is the only sex specific crime in the criminal code. Legal traditionalists argue for more convictions of women, psychologists argue for less. Rational actor sociologists have some arguments in common with legal traditionalists. Both believe we should retain our focus on the rationality of the women in question; not product of capacities for reason, but specifically that when we think about the action, it is a rational action. Embrace women"s humanity is to embrace their rationality. To say that women don"t have rationality at some times whereas men always do is to degrade them. Women traditionally are seen as less rational and more emotional. See women as just as rational and therefore just as responsible as men. Legal traditionalists argue we should get rid of psychological aspects of infanticide mitigation; women should be seen as completely rational and responsible and punished accordingly. Infanticide mitigation feeds into stereotypes of women; legal traditionalists/some rational actor feminists.

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