<http://education.guardian.co.uk/academicexperts/story/
0,,1839632,00.html>
The ideas interview: Janet Halley
She argues that feminism is stuck in old certainties and should 'take a break'. John Sutherland asks why
Tuesday August 8, 2006 The Guardian
Looking back over the past 20 years, Janet Halley, a professor of law at Harvard University, perceives a "fierce turn in American feminism towards the state" and a powerful tendency towards "criminalising and illegalising as many of the bad things that men did to women as feminism could articulate". In the process, she believes that feminism "has lost a certain power of critical thinking", the clarity of vision that would allow it to focus on "what law really does in a complex society". Feminism, she argues, should "take a break" - and a good, long, thoughtful look at things as they are.
AS: Re: U.S. feminism's uncritical alliance with the state...
Incite! Women of Color Against Violence has issued a major statement criticizing the dependence of movements against gender and sexual violence on the prison-industrial complex. Is that where Halley's coming from? Would be interesting to know... aaron
http://www.incite-national.org/involve/statement.html [excerpted below; go to website for the whole thing]
Critical Resistance - Incite Statement Gender Violence and the Prison Industrial Complex
We call social justice movements to develop strategies and analysis that address both state AND interpersonal violence, particularly violence against women. Currently, activists/movements that address state violence (such as anti-prison, anti-police brutality groups) often work in isolation from activists/movements that address domestic and sexual violence. The result is that women of color, who suffer disproportionately from both state and interpersonal violence, have become marginalized within these movements. It is critical that we develop responses to gender violence that do not depend on a sexist, racist, classist, and homophobic criminal justice system. It is also important that we develop strategies that challenge the criminal justice system and that also provide safety for survivors of sexual and domestic violence. To live violence free-lives, we must develop holistic strategies for addressing violence that speak to the intersection of all forms of oppression.
The anti-violence movement has been critically important in breaking the silence around violence against women and providing much-needed services to survivors. However, the mainstream anti-violence movement has increasingly relied on the criminal justice system as the front-line approach toward ending violence against women of color. It is important to assess the impact of this strategy.
1) Law enforcement approaches to violence against women MAY deter some acts of violence in the short term. However, as an overall strategy for ending violence, criminalization has not worked. In fact, the overall impact of mandatory arrests laws for domestic violence have led to decreases in the number of battered women who kill their partners in self-defense, but they have not led to a decrease in the number of batterers who kill their partners. Thus, the law protects batterers more than it protects survivors.
2) The criminalization approach has also brought many women into conflict with the law, particularly women of color, poor women, lesbians, sex workers, immigrant women, women with disabilities, and other marginalized women. For instance, under mandatory arrest laws, there have been numerous incidents where police officers called to domestic incidents have arrested the woman who is being battered. Many undocumented women have reported cases of sexual and domestic violence, only to find themselves deported. A tough law and order agenda also leads to long punitive sentences for women convicted of killing their batterers. Finally, when public funding is channeled into policing and prisons, budget cuts for social programs, including women's shelters, welfare and public housing are the inevitable side effect. These cutbacks leave women less able to escape violent relationships.
3) Prisons don't work. Despite an exponential increase in the number of men in prisons, women are not any safer, and the rates of sexual assault and domestic violence have not decreased. In calling for greater police responses to and harsher sentences for perpetrators of gender violence, the anti-violence movement has fueled the proliferation of prisons which now lock up more people per capita in the U.S. than any other country. During the past fifteen years, the numbers of women, especially women of color in prison has skyrocketed. Prisons also inflict violence on the growing numbers of women behind bars. Slashing, suicide, the proliferation of HIV, strip searches, medical neglect and rape of prisoners has largely been ignored by anti-violence activists. The criminal justice system, an institution of violence, domination, and control, has increased the level of violence in society. [snip]
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