LS202 Lecture Notes - Lecture 8: Mens Rea, Conceptual Framework, Implied Consent
13 May 2015
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Criminal law and women in historical context: effects of enclosure, criminality, labour, and reproduction o. Interpretations of general principles: occur in legal reasoning: judgements, criminal law is a system of substantive judgement on human conduct" (p. 99, through judgements, sexual difference is expressed, understood, organized. Conceptual framework of criminal law made up of general principles". [general principles] obscure the real shape of criminalizing power" (p. 90) How these principles are interpreted shapes the framework of criminal law: unfavourably from a feminist standpoint. To be critical of general principles, focus on how they are applied when: defining offences, defining relevant" or admissible evidence, when/where/how offences are interpreted. Substantive judgement on human conduct" (p. 99: context matters. Evidence of how sexual difference is understood and organized. To deconstruct criminal law"s real sexual inequities": undertake the analysis of the substantive offences interpreed in the light of the supposed general principles " (p. 95)
