Class Notes (839,329)
Canada (511,271)
York University (35,583)
Social Science (3,019)
SOSC 1350 (235)
Lecture

Paid and Unpaid labour

5 Pages
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Department
Social Science
Course Code
SOSC 1350
Professor
Julie Dowsett

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Description
(FINISHING) INTIMATE PARTNER VIOLENCE The husband hath, by law, power and dominion over his wife, and may keep her by force within the bounds of duty, and may beat her, but not in a violent manner. —Matthew Bacon (18th century English jurist) The law historically sanctioned the abuse of women within marriage as an aspect of the husband’s ownership of his wife and his “right” to chastise her. One need only recall the centuries-old law that a man is entitled to beat his wife with a stick “no thicker than his thumb.” —S.C.C. Justice Bertha Wilson (in R. v. Lavallee) 3. Brief History of the Legal Treatment of Intimate Partner Violence a. English common law sanctioned violence against women through a man’s “right” to chastise his wife. i. Right to chastise his wife was affirmed by churches, society and English common law. Right to chastise your wife is part of the civil law system as well. Under English common law, when they got married, becoming a wife meant that your whole legal personhood was subject of the husband. British law never until recently prohibited violence against ones wife. Violence against women in marriage was always seen as okay, just excessive violence wasn’t. Where was this line between excessive violence and non-excessive violence? Depended on the judge. Quote: Matthew Bacon. Regulate the excesses of the law. ii. Coverture and “moderate correction” iii. “Rule of thumb” o Stick cannot be thicker than the thumb iv. Wife murder vs. husband murder o If you were a husband who killed your wife, you could theoretically be punished and put to jail. But if you were a women who killed your husband, you had you’re on special treatment, much worse than a male punishment for killing his wife. Women would be called petite treason, treason means going against your country. Petite treason was first created when someone killed the king, so now its changed to women, as women are killing their “king” their husband, your social superior, a servant against their master. b. 1892 Criminal Code (Canada) - Until the late 1800’s that physical punishment was finally outlawed. This was the first criminal code of Canada. Wife abuse was illegal although there were many loopholes around it. Sexual violent, rape was totally legal until 1983. c. 1909 Criminal Code amendment - Indecent assault against the wife was put into the criminal code - There had to be obvious bodily harm. - Usually two years of imprisonment, this was actually extremely low in relation to other assault charges that could have been laid. d. 1960 Criminal Code amendment e. 1983 Criminal Code reforms - Petit treasons did leave our law but still seen in 1960. For men it was pretty easy for them to get away with murder (one reason they usually got away with it was the use of “Defense of Provocation”. If you pleaded this defense, there as a good chance you can get away with killing your wife your charges would be reduced to manslaughter and perhaps be treated very leniently. Grounds for Provocation: Women could do all sorts of things into provoking their husband’s into killing them (infidelity, insubordination (not respecting his authority) and desertion). These were good grounds for provocation. Up until 1960, you can be blamed for your own murder! There were attempts to change things in 1960 and they started dealing with intimate partner violence for a while using family law and family court. There were a variety of reasons for this change. Largely problematic change even though it had good intentions. Changed “violence in marriage” into a family matter. Another problem with dealing with this through family law, the state is prosecuting so it can be very expensive. The criminal code has changed; in 1983 changes are still with us today. - In the early 1980s there was a massive review of the criminal code and how assaults were being treated. Intimate partner violence became firmly entrenched in criminal law. There were three levels of assault o 1. Simple Assault: up to 5 years in prison. Quite progressive in that physical violence is not necessary for an assault to occur. It could be threatening acts, gestures; it may be lesser form of violence such as kicking. In this one, physical violence is not necessary. However, virtually no one is ever charged with assault if there is no physical violence present. o 2. Presence of a weapon or bodily harm of causing bodily harm o 3. Aggravated Assault: result in wounding or endangering the victim’s life. - This was quote progressive because Intimate partner violence had to be treated like any other assault at this time and treated within the criminal law. - Policing in 1983: pro charging and pro sentencing. Reasonable and probable cause. If the police officers comes to the home where domestic dispute has occurred, if they believe someone has been assaulted they can lay charges. Very important change in 1983 because prior to this, unless there was physical injuries there had to be a witness before charges can be laid. There was this serious problem prior to 1983 because officers would show up to a home, they would know perfectly well that assault was being carried out but could not lay charges because there was no physical evidence. Sometimes women were beaten or even killed after the officers left because husband would be angrier. - In the 1980’s after those criminal coed reforms were made, police depts. Across the country took a step to take intimate partner violence more seriously and educated police officers about these laws. They got special training for dealing with domestic assault environments. 4. The White Ribbon Campaign and Other Ways Forward a. Started in 1991 in Toronto, world wide now. b. Important to have men play a role in violence against women and challenged other men. Jackson Katz sort of framework (no relation). Rethinking masculinity and challenging hegemonic masculinity and changing what masculinity means. Questions for Further Consideration: In Canada, half of all women have been or will be the victim of violence, the most dangerous place for a woman is her own home, and the leading cause of death for women at work is their spouse or partner. Given this situation, how effective can legal reform be? How much can the law address this situation? What else needs to be done? What do you think of the White Ribbon Campaign? PAID AND UNPAID LABOUR Women constitute 1/2 of the world’s population, perform nearly 2/3 of its work hours, receive 1/10 of the world's income and still own less than 1% of the world's property. —United Nations 1. Thinking Through the Relationship Between Gender, Paid and Unpaid Labour a. Film clip: Who's Counting? Marilyn Waring on Sex, Lies and Global Economics (Canada
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