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Blaming violent men - A challenge to the Swedish criminal law on provocation
Umeå University, Faculty of Social Sciences, Umeå Forum for Studies on Law and Society.
2014 (English)In: Women's Studies: International Forum, ISSN 0277-5395, Vol. 46, 88-95 p.Article in journal (Refereed) Published
Abstract [en]

Feminists have long criticized how provocations narrative of a woman 'asking for it' functions as a legal 'abuse excuse' for violent men and confirms their rationalizations and justifications for violence. This article aims to challenge a particular aspect of provocation in Swedish criminal law namely, a tendency to individualize and subjectivize culpability in a way that suggests that the individual male perpetrator's specific understanding of his violence should be the perspective from which to understand and judge his violence. Criminal legal culpability is approached as an important aspect in the relationships between gender, power, and violence, and the author argues that the notion of culpability should be changed in two respects. The tendency to regard emotions as 'factual' should be replaced by an evaluative view on emotions and men's responsibility for their emotional responses to women should be judged by acknowledging how values and reasons intersect with power relations

Place, publisher, year, edition, pages
2014. Vol. 46, 88-95 p.
Keyword [en]
provocation, criminal law, gender, violence
National Category
Gender Studies
Research subject
URN: urn:nbn:se:umu:diva-95527DOI: 10.1016/j.wsif.2013.12.005ISI: 000342475200012OAI: diva2:759642
Available from: 2014-10-30 Created: 2014-10-30 Last updated: 2015-05-09Bibliographically approved

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Burman, Monica
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Umeå Forum for Studies on Law and Society
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