WDW365 20 October 2011.docx

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University of Toronto St. George
Woodsworth College Courses
William Watson

WDW365Infanticide20 Oct 20111020infanticide is the only sex specific crime in the criminal code Battered Woman Recap 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 womens humanity is to embrace their rationality to say that women dont have rationality at some times whereas men always do is to degrade them women traditionally are seen as less rational and more emotionalsee women as just as rational and therefore just as responsible as men Returning to Infanticide 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 traditionalistssome rational actor feminists legal traditionalists say they are embracing feminism although they still want to convict them more infanticide law states that women are biologically more prone than men to instability and irrationality pathologization of womens deviance not just that women are being described irrational through biology but that it somehow connects to psychiatrythere is a legitimacy stating that it is correct this is suspicious science proving that women are more emotionally unstable precisely because they are women due to childbirth and lactation critique of impact of having an infanticide law due to its social effectsscience appears to be forwardlooking but is actually not because it reinforces statements of women like racist science s233 infanticide law maximum penalty for infanticide is 5 years do not need to make reference to insanity law to have this offence woman can be convicted of a much less offence than murder a woman can raise insanity if they meet the criteria instead question of mitigationfor battered woman
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