Law's (Masculine) Violence: Reshaping Jurisprudence

Hunter, Rosemary (2006) Law's (Masculine) Violence: Reshaping Jurisprudence. Law and Critique, 17 (1). pp. 27-46. ISSN 0957-8536. (Access to this publication is restricted)

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Abstract

This article contrasts policy advocacy of alternative dispute resolution, and demonization of lawyers and court proceedings in family law, with research evidence that calls those policy positions into question. The research demonstrates, broadly, that restrictions on the availability of publicly funded legal representation do not necessarily lead parties to choose alternative resolution processes, that lawyers are much less adversarial than self–representing litigants, and that lawyer representation and litigation may produce more satisfactory and appropriate outcomes than mediation in some kinds of family disputes. The article argues that legal aid policies should respond to these realities rather than clinging to adversarial mythologies.

Item Type: Article
Uncontrolled keywords: feminist scholarships, gender, homophobic violence, juris prudence, law’s violence, violence against women
Subjects: K Law > K Law (General)
Divisions: Faculties > Social Sciences > Kent Law School
Depositing User: Katrin Steinack
Date Deposited: 19 Dec 2007 18:02
Last Modified: 05 Sep 2011 23:19
Resource URI: http://kar.kent.ac.uk/id/eprint/182 (The current URI for this page, for reference purposes)
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