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Equal Consideration and Informed Imagining: Recognising and Responding to the Lived Experienes of Abused Women who Kill

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journal contribution
posted on 2018-03-01, 10:34 authored by Anthony Carline, Anna Hopkins, Patricia Easteal
Equality is a fundamental concern of human existence. Expressed in the principle of equality before the law it requires that those who come before the law are entitled to be treated as being of equal value and to be given ‘equal consideration’. In circumstances where those who come before the law are marked by their differences, giving of equal consideration requires that difference be understood and taken into account. The identification of difference does not of itself determine the question of whether different treatment is warranted in the interests of equality. However, this article argues that understanding difference is a precondition for the promotion of true equality. And, that in pursuit of understanding difference, it is necessary for us to acknowledge the limitations of our capacity to understand the lived experience of ‘others’ and actively work to engage with these experiences. In the context of the criminal justice system, we offer abused women who kill as illustrative of this need, focusing upon the availability and operation of self-defence in England/Wales, Queensland and Victoria. In doing so, we consider the capacity of the law, legal process and legal actors to engage with the lived experiences of these women, highlighting the importance of ‘informed imagining’.

History

Citation

Melbourne University Law Review, 2018, 41 (3), pp. 1201-1236.

Author affiliation

/Organisation/COLLEGE OF SOCIAL SCIENCES, ARTS AND HUMANITIES/School of Law

Version

  • AM (Accepted Manuscript)

Published in

Melbourne University Law Review

Publisher

Melbourne University, Law Review Association

issn

0025-8938

eissn

1839-3810

Acceptance date

2017-06-25

Copyright date

2018

Available date

2018-03-01

Publisher version

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3117654

Language

en

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