Power and Control
I am working during the break on my first scholarly writing since joining the academy last year. Here is a working draft of the potential thesis:
Every state provides a civil, statutory system for providing protection orders for victims of domestic violence. Conventional civil protection regimes are fixated on physical violence or refer to crimes with elements requiring physical violence. Thus, these civil protection statutes do not define “abuse” correctly to confront the reality of the phenomenon. Civil protection regimes should contemplate “abuse” beyond a reference to criminal statutes with a fixation on physical violence. Rather, these regimes should acknowledge and address the actual underpinnings of domestic abuse: power, control and oppression. By providing an injunctive remedy to victims of oppression that is not physically violent, civil protection regimes could intercept a dangerous relationship before violence occurs. At least, enjoiningng oppression would square civil protection orders with the reality of domestic violence.
Labels: domestic violence, JSL, scholarship
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