Motivating Questions and Partial Answers: A Response to Prosecuting Domestic Violence by Michelle Madden Dempsey

Michelle Madden Dempsey’s compelling book sets out a normative feminist argument as to why and when prosecutors should continue to pursue prosecutions in domestic violence cases where the victim refuses to participate in or has withdrawn their support for the prosecution. This paper will explore two...

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Bibliographic Details
Published in:Criminal law and philosophy 2014-10, Vol.8 (3), p.543-555
Main Author: Cowan, Sharon
Format: Article
Language:English
Subjects:
Criminal Law and Criminal Procedure Law
Domestic violence
Ethics
Law
Law and Criminology
Legal History
Original Paper
Patriarchy
Philosophy of Law
Prosecutions
Theories of Law
Victims of crime
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Summary:Michelle Madden Dempsey’s compelling book sets out a normative feminist argument as to why and when prosecutors should continue to pursue prosecutions in domestic violence cases where the victim refuses to participate in or has withdrawn their support for the prosecution. This paper will explore two of the key aspects of her argument—the centrality and definition of the concept of patriarchy, and the definition of domestic violence—before concluding with some final thoughts as to the appropriate parameters of feminist prosecutorial decision-making. The paper argues that Madden Dempsey could offer a more detailed and nuanced argument about the role that patriarchy plays, particularly its relevance in marking out appropriate cases for pursuit; and that her thesis requires a more convincing exposition of the precise reasons for offering such a narrow account of domestic violence.
ISSN:1871-9791
1871-9805
DOI:10.1007/s11572-012-9197-2