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Final Exam Question #1.docx

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Social Science
SOSC 1350
Julie Dowsett

Exam review #1 By: Angelica Lu Question : In his highly influential Commentaries on the Laws of England, William Blackstone wrote: “The husband also (by the old law) might give his wife moderate correction. For, as he to answer for her misbehaviour, the law thought it reasonable to entrust him with the power of restraining her, by domestic chastisement, in the same moderation that a man is allowed to correct his servants or children, for whom the master or parent is also liable in some cases to answer. Describe how the doctrine of coverture was adopted in Canadian law. Outline the historical evolution of the legal treatment of intimate partner violence, marriage and divorce. Finally, consider whether any of the maxims described by Blackstone remain true today, and specify why or why not. Introduction : William Blackstone states that a husband is given the right to “correct” his wife for her misbehaviour by using the “rule of thumb”. In other words, the law allows husbands to beat their wives as long as the stick is no longer than a thumb. Thesis : The historical evolution of legal treatment of intimate partner violence, marriage and divorce have remained true today because violence against women still exist today, marriage is turning women into property instead of considering them to be “persons” and women start to become depended on their ex-spouses since economically. Paragraph 1 : Working class women are more likely to stay in a abusive relationship because they do not have the money to move out. As well, the services offered, like shelters, are being cut because the government simply cannot afford to pay all of the services needed for the working class. Since these women are not able to financially get out of an abusive relationship, they are likely to be violently and sexually abused even more and have a higher chance of being murdered by their abusive spouse. Examples : In the year 1990, the case R. v. Lavallee, is about Lavallee who killed her abusive spouse and stated it was self defence, therefore introduce Battered Women Syndrome (BWS). In this case, her abusive spouse gave her the gun and told her to kill him or he will kill her later that night, therefore, Lavallee shot him in the back. This represents how women are viewed to be the “problem” instead of the victim because women are seen to be suffering from BWS. In other words, the BWS does not demonstrate that women are the victims in abusive relationship but rather women are viewed to be the cause of the problem for not leaving and for killing her spouse. As well, BWS is strictly used by women and the title itself states battered “women” syndrome, which is recognized to be gender
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