CRI365H1 Lecture Notes - Lecture 5: Self-Defense, Rational Agent, Learned Helplessness
8 Aug 2022
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Document Summary
Use of the psychological construct of battered woman syndrome as part of self-defence claim when abused woman kills abusive male partner. Perhaps the clearest example of different legal & legal policy arguments being based on the different models of the mind. Will see especially the psychological model being mobilized to challenge traditional-legal doctrine. Then feminist rational actor sociological claims being made against both traditional-legal & psychological positions. Beyond this, topic raises number of very basic issues. Situation of women in a criminal justice process developed through patriarchal history. The impact of legal decisions on broader social dynamics. Should also note that the debate has been expanded to include the challenge of domestic violence & retaliation in same sex relationships logic of power asymmetry btw gendered subjects cannot be applied in same way. The canadian law relating to self defence has recently been amended in part to respond to feminist criticism of the old sections of the criminal code.
