History of Domestic Violence and Legislation in the UK

History of Domestic Violence and Legislation in the UK Literature Review Definition of domestic violence Domestic Violence is a phenomenon affecting many societies directly and indirectly around the world; and somehow, after many years of research not a single definition describes this phenomenon adequately yet. Defining domestic violence can be very difficult, as it is a broad term used to describe a range of behaviours and has a multiplicity of meanings to different people in different contexts (Burton, 2008). Domestic violence usually begins as an isolated abusive incident, however, when the abuse is repeated and becomes a constantly abuse, it is defined as â€Å"battering† (McCue, 2008). Physical is not the only form of domestic violence. Psychological and emotional violence are common forms of domestic violence as well (Lowenstein, 2005) and therefore the government has widened the definition of domestic violence to cover psychological intimidation and controlling behaviour and at the same time, recognising that domestic violence occurs in younger people’s intimate relationships (Walker and Gavin, 2011), applying to victims under the age of 18 as well: â€Å"any incident or pattern of incidents of controlling, coercive, threatening behaviour, violence or abuse between those aged 16 or over who are, or have been, intimate partners or family members regardless of gender or sexuality†. This includes psychological, physical, sexual, financial and emotional abuse (Home Office, 2013). The new Home Office definition express controlling behaviour and coercive behaviour. Controlling behaviour is a reach of acts intended to make an individual subordinate or dependent by separating them from any kind of support, not allowing them to obtain personal gain by controlling and regulating their everyday move and behaviour. Coercive behaviour is an act of assault, threats, humiliation and intimidation or other abuse that is used to harm, punish, or frighten their victim (Home Office, 2013). As an example, The Supreme Court held in Yemshaw v. Hounslow London Borough Council [2011] that domestic violence was not confined to physical violence but extended to threatening or intimidating behaviour and any other form of abuse being applied directly or indirectly (Miles, 2011). Domestic violence and abuse is not regarded of age, class, wealth, education, gender, race or any other determinant. Domestic violence is as likely to be happening to a lawyer, a doctor, a teacher, or even a police officer (Gaz, 2012). History of domestic violence Domestic violence has existed for many years and has very long historical roots and it has been establish in the inequality between men and women in society (Hague and Malous, 1998). Historically, abuse to wife has been viewed as normal which was part of marriage, something that women should expect and tolerate when being married (Erez, 2002). In the mid-1800s most legal systems accepted wife beating as a valid exercise of a husbands authority over his wife, using the â€Å"rule of thumb† established by Sir Francis Buller, known as ‘Judge Thumb’ meaning that a husband could beat his wife with a stick not thicker than his thumb (Women’s aid, 2008) and it was allowed by the old British Common Law (Dipty, 2009). Only towards the end of the twentieth century, in the 1970’s, that domestic violence had been defined as a crime, justifying intervention by the criminal justice system (Erez, 2002). Legislations Pre-1970s In the 1500s, â€Å"the Golden Age of the Rod† had been used against women in the United Kingdom who were taught that it was their sacred duty to obey the man of the house and during this time, violence against wives was ample. Mid-1800s, the Code of Hammurabi decreed that a wife was subservient to her husband and that he could inflict punishment on any member of his household for any transgression (WomenSafe, 2002). Around the same time in Britain, a husband had absolute power to chastisement his wife in order to implement domestic discipline (ICADV, 1999). During that time, there was no laws to criminalize violence against wives regardless of such assaults being included within the 1861 Offences Against the Person Act, the judges did very little and sometimes did nothing to address chastisement of wives (Summers Hoffman, 2002, p.31). In the late 1800s, having the Queen Elizabeth in the throne, new reforms for women were established, some of which included that wives could no longer be kept locked and beatings that could cause life threatening were treated as a ground for divorce (Cumbee Center). The introduction of the Matrimonial Causes Act 1878 helped victims of violence in marriage to obtain separation orders if their husband was convicted of aggravated assault (Summers Hoffman, 2002) and in 1882, the Woman’s Property Act, allowed wives to obtain full control over their own money and property (Parliament). Second-wave feminism In 1960s and 1970s, there was a massive comeback of feminist activity, in conjunction with the womens liberation movement. This period has been called the Second Wave of feminism, having the first wave from 1848 to 1920, when women won the right to vote (Cree, 2008). The Second Wave of feminism developed in the United States, West Europe, Australasia and Japan. However, it started in small local female groups in the United Kingdom, aiming to campaign similar private problems they all shared ( ) such as equal rights in employment, education, public and private lives and of course campaigning against rape and domestic violence (Cree, 2008) and it was then when domestic violence started to emerge as a significant issue, being recognised as a major social problem needing for political response and remedies (Summers Hoffman, 2002). The great movement established networks for support, analysing and comparing womens roles and relationships in society and defined a set of demands for the social and economic equality for women (Mendes, 2009). The women’s movement campaign was so successful that women were able to gain a stronger voice and become a strong image for the public eye, therefore a series of laws were introduced to aid women equality, such as the Equal Pay Act 1970 granting equal wages for both women and men (Mendes, 2009). Post-1970s The women’s movement was so successful that it helped with several legislations development (Hughes, 2010). There has been considerable changes in the national policy of domestic violence in the United Kingdom in the past 30 years (Matczak et al, 2001) made by the local government authorities which began to undertake and develop actions on domestic violence, and it was all mainly in response to the high demand from groups and Non-Governmental Organisations (NGOs) for the housing, social services and court and police protection for domestic violence victims (Ashworth). Some of the legislations development included the Sex Discrimination Act 1975 which was passed outlawing sexual discrimination in the workplace and the Domestic Violence Act was passed in 1976 allowing married women to access court order to prevent further violence and to have the right to stay at home without the abuser (Hughes, 2010). Womens Aid was also developed as a result of the womens liberation movement and as all women gathered together, the big concern of violence at home as well as other types of abuse, including sexual abuse became highlighted. Before Women’s Aid, the organisation was the first Womens Aid federation which was set up in 1974, to provide practical and emotional support as part of the different services available to women and children experiencing violence (Women’s Aid). The 1970s brought three vital items of legislations, the Domestic Violence Matrimonial Proceedings Act 1976, which provide the police with powers of arrest for the breach of injunction in cases of domestic violence and allowed women to obtain the right to stay at the matrimonial home, the Domestic Proceedings Magistrates’ Courts Act 1978, which amend the use of injunctions to prevent further violence in the home and the law relating to matrimonial proceedings in magistrates’ courts and the Housing (Homeless Persons) Act 1977, which refers to persons who are homeless or threatened with homelessness which helped domestic violence victims with re-housing (UK Legislations). The acts were meant to produce legal remedies, however, the ways in which they were enforced meant that battered women continue to be inadequately protected leaving criminal law broadly untouched in terms of the protection of victims and the punishment of perpetrators of domestic violence (Summers Hoffman, 2002). However, in 1993 the Crown Prosecution Service, published a comprehensive guide for all staff to be able to deal with domestic violence cases adequately even is a victim decides to withdraw the request for prosecution which tends to happen occasionally as a result of intimidation or fear by the abuser (Ashworth). Furthermore, legislative reforms took place in the 1990s, Part IV of the Family Law Act 1996 being the most significant one which improved the protective orders available to domestic violence victims under the civil law (Burton, 2008). The Family Law Act 1996 Part IV which is now the main piece of legislation providing remedies under the civil law for victims of domestic violence (Burton, 2008) provides the victim with a statutory ‘home right’ meaning the victim cannot be evicted from the home unless there is a court order (Welstead Edwards, 2011). Throughout the period between 1997 and 2010, the principle arrangement of policy and legislation on domestic violence was being enforced based on prevention, protection and justice and allowing support to victims of domestic abuse to be established at local and national level (Matczak et al, 2011). Up to dated In 1986, the Home Office published the first circular regarding domestic violence called â€Å"Violence against women† which made it clear that it was obligatory for the police to ensure the safety of women and children at domestic deputes (Applegate, 2006) but it wasn’t until 1992 that both the Home Office Circular 60/1990 and the Association of Chief Probation Officers declared domestic violence to be a crime, given law enforcement agencies the power to punish the abuser (Kury Smartt, 2006). However, it did not make much of a change to the policy (Applegate, 2006). It was not until 2005 when the Domestic Violence Crime and Victims Act 2004 was introduced, that put some of these issues addressed by the criminal law and when some changes to the policy where actually made. The Act aims to increase the safety of domestic violence victims by providing the police with enormous power to approach and deal with domestic violence in better ways, establishing a new offence called â€Å"familial homicide† which provides the power of arrest for minor offences of common assault and linking some criminal and civil remedies (Women’s aid) and for the criminal justice, there is a statutory code of practice to ensure they provide support and protection to victims of domestic violence (Applegate, 2006). While the law itself does not distinguish between a domestic violence victim and a person who gets attack by a stranger in the streets, in practice the victims of domestic violence rarely obtain the law’s protection (Elliot Quinn, 2012). Unlike in some jurisdictions from other countries such as the United States, there is no specific offence of domestic violence in the United Kingdom, instead, there are a variety of criminal offences including sexual and physical assault, harassment offences and the crimes related to homicide, which can be applied in a case of domestic violence (Paradine Wilkinson, 2004) Today, the government is fully committed to tackle domestic violence in the United Kingdom in every possible way by allowing violence and abuse to be treated seriously by courts and the criminal justice system (Summers Hoffman, 2002). The government’s strategy to tackle domestic violence is based on three elements; prevention, protection and justice, and support (Blunkett, 2003). The government provides some of these elements by implementing local domestic violence conventions where the police, social services, housing services, probation, health services, legal professionals, and many other voluntary agencies gather and work together to tackle domestic violence at local level (Matczak et al, 2011). Although, there have been implementations of local domestic conventions and domestic violence units as well as many multi-agencies that work together to tackle domestic violence and changes in legislation and police policy, there are still some major concerns of how domestic violence is being dealt today. In 2012, around 1.2 million women suffered domestic abuse, over 400,000 women were sexually assaulted, less than 1 in 4 suffered abuse from their partners (Home Office, 2013) and on average, two women are being killed a week by a partner or former partner (CAADA, 2013). Furthermore, the police have been majorly criticised for failing to respond to domestic violence properly by not recording incidents as crimes (Paradine Wilkinson, 2004) with a 30% of domestic violence incidents reported to the police but not taken into actions and only 4% of reported incidents resulting in a conviction (Women’s aid) and they have been also criticised for not making arrests and failing to enforce civil injunctions (Paradine Wilkinson, 2004). For these reasons, in September 2013, the Home Secretary has commissioned Her Majesty’s Inspectorate of Constabulary (HMIC) to carry out an inspection into how police forces are responding to domestic violence and the review will be exanimating the performance of all forces around England and Wales and report back to the Home Office in April 2014. In the meantime, chapter 2.4 and 2.5 will be looking at the reporting and non-reporting of incidents and how the police is responding to domestic incidents after the establishment of domestic violence units were introduced across the country, and assess the changes in police policy and practice over the past years including the ‘pro-arrest’ policy which aims to reduce the number of domestic violence cases discontinued by the police or the Crown Prosecution Service (Hoyle Sanders, 2000). References Applegate, R.J., 2006. Changing local policy and practice towards the policing of domestic violence in England and Wales. Policing: An International Journal of Police Strategies Management. 29 (2): 368 – 383. Blunkett, D., 2003. Safety and Justice: The Government’s Proposals on Domestic Violence. Home Office. Norwich. Burton, M., 2008. Legal responses to Domestic Violence. Oxon: Routledge-Cavendish. CAADA (Co-ordinated Action Against Domestic Abuse). Key statistics on the prevalence of domestic abuse [online]. Bristol: Co-ordinated Action Against Domestic Abuse. Available from: http://www.caada.org.uk/policy/statistics.html. [Accessed 17 January 2014]. Cree, V., 2008. Feminism: Past It, Lost Cause or Unfinished Revolution? [online]. University of Edinburgh Social Work Seminar. Available from: http://www.socialwork.ed.ac.uk/events/lecture_notes/feminism_lecture. [Accessed 6th February 2014]. Cumbee Center. History of Domestic Violence [online]. Cumbee Center to Assist Abused Persons. Available from: http://www.cumbeecenter.org/domestic_violence_history.php. [Accessed 6th February 2014]. Dipty, D., 2009. The Three Dimensions of Domestic Violence. Oklahoma: Tate Publishing Enterprises. Elliot, C. and Quinn, F., 2012. Criminal Law. Ninth Edition. Harlow: Pearson Education Limited Erez, E., 2002. Domestic Violence and the Criminal Justice System: An Overview. Online Journal of Issues in Nursing [online]. 7 (1). Gaz, LS., 2012. Features: How to stop domestic Violence. Law Society Gazette [online]. 41. Home Office., 2013. Domestic violence and abuse [online]. Home Office. Available from: https://www.gov.uk/domestic-violence-and-abuse. [Accessed 4th February 2014]. Home Office, 2013. Ending violence against women and girls in the UK [online]. Home Office. Available from: https://www.gov.uk/government/policies/ending-violence-against-women-and-girls-in-the-uk [Accessed 4th February 2014]. Hoyle, C. and Sanders, A., 2000. Police Response to Domestic Violence. The British Journal of Criminology [online], 40 (1): 14-36. Hughes, C., 2010. Second Wave Feminism [online]. Available from: http://www2.warwick.ac.uk/fac/soc/sociology/staff/academicstaff/jonesc/jonesc_index/teaching/birth/second_wave_feminism.pdf. [Accessed 11th February 2014]. ICADV, 1999. History of Battered Women’s Movement [online]. SafeNetwork: California’s Domestic Violence Resource. Available from: http://www.icadvinc.org/what-is-domestic-violence/history-of-battered-womens-movement/. [Accessed 6th February 2014]. Kury, H. and Smartt, U., 2006. Domestic Violence: Recent Developments in German and English Legislation and Law Enforcement. European Journal of Crime, Criminal Law and Criminal Justice. 14 (4): 382-407. Lowenstein, L.F., 2005. Domestic Violence: Recent Research Part 1. Justice of the Peace [online]. 196 (37). Matczak, A., Hatzidimitriadou, E., and Lindsay, J., 2011. Review of Domestic Violence Policies in England and Wales. London: Kingston University and St George‘s, University of London. Mendes, K., 2009. Reporting the womens movement: A cross-national comparison of representations of second wave feminism and equal rights issues in the United Kingdom and United States daily press, 1968-1982. Cardiff University. Paradine, K. and Wilkinson, J., 2004. A Research and Literature Review Protection and Accountability: The Reporting, Investigation and Prosecution of Domestic Violence Cases [online]. National Centre for Policing Excellence, Centrex. Parliament. Key dates [online]. Parliament United Kingdom. Available from: http://www.parliament.uk/about/living-heritage/transformingsociety/private-lives/relationships/keydates/, [Accessed 6th February 2014]. Summers, R. and Hoffman, A.M., 2002. Domestic Violence: A Global View. Westport: Greenwood Press. United Kingdom Legislations. Housing (Homeless Persons) Act 1977 [online]. United Kingdom. Available from: http://www.legislation.gov.uk/ukpga/1977/48/introduction/enacted. [Accessed 11th February 2014]. Welstead, M. and Edwards, S., 2011. Family Law. Third Edition. New York: Oxford University Press Inc. Women’s aid, 2008. Domestic Violence a historical perspective [online]. Women’s aid. Available from: http://www.womensaid.org.uk/domestic-violence-articles.asp?itemid=1815itemTitle=A+historical+perspectivesection=00010001002200410001sectionTitle=Articles:+domestic+violence. [Accessed 4th February 2014]. Women’s aid. Our history [online]. Women’s aid. Available from: http://www.womensaid.org.uk/page.asp?section=0001000100190004 [Accessed 4th February 2014]. Women Safe, 2002. Overview of Historical Laws that Supported Domestic Violence [online]. Women Safe. Available from: http://www.womensafe.net/dv/dvlaws.html. [Accessed 3rd February 2014].

Faulkner’s Relationship with his Daughter as Displayed in the Film, William Faulkner: a Life on Pap :: Movie Film Essays

Faulkner’s Relationship with his Daughter as Displayed in the Film, William Faulkner: a Life on Paper In William Faulkner, a Life on Paper, Faulkner seemed to be more a father to the literary works he produced than he was to his true daughter (or to the niece/ward who appeared in the film). His daughter Jill Faulkner Summers spoke of him in much the same manner as did the other people interviewed in the film. From the residents of Oxford, Mississippi to Lauren Bacall, everyone seemed to have some interesting or entertaining anecdote to relate about Faulkner and his eccentric ways. His daughter and niece were no different. His niece relates a tale about Faulkner making up a family ghost; his daughter laughs about his drinking and recites the poem that signaled that a binge was coming. She quotes him as telling her â€Å"No one remembers Shakespeare’s child† when she criticizes his drinking, signaling a less than ideal relationship. All in all, although she perhaps provides more details about her father’s life, she really has no more to say about him than any other Oxford resident. Faulkner’s children, or daughters, were his literary masterpieces (and those not-so-masterpieces). People, even his family, did not seem to understand him, and he did not seem to care. He once said, â€Å"I can invent much more interesting people than God can.† Apparently, he believed this. Even though he always had several dependents, his emotional nurturing went into his writing not into his literal family. Jill states that he never willingly hurt or offended anyone but that he did not care about people and was not interested in ordinary people. His attention was devoted to his writing and the extraordinary people he invented in his fiction rather than the daughter he â€Å"invented† in his real life. The film seems to set this up as well. As much (possibly more) time is spent discussing the literature he produced as is spent discussing his family. Passages from his works are quoted at length, tying the imaginary to Faulkner’s reality. Even when simply discussing the plot of a work, a direct connection between the work and Faulkner’s life is implied. For instance, when the film focuses on As I Lay Dying, the narrator states that Addie’s wish to be buried with her â€Å"people† is a literal rejection of her husband and children. This immediately follows the narration about Estelle’s attempted suicide, linking this imaginary family with Faulkner’s real family.

The Mall as Prison

Author David Guterson, journalist and novelist, spent a week in The Mall of America on assignment for Harpers Magazine. His essay, â€Å"The Mall as Prison†, tells his views on the Mall as a psychological effect on today’s society. He uses witty and sarcastic comments to get his point across. Is American culture being corrupted by what Americans consider a retail structure that is vital to the survival of our needs? He gives different aspects of why our view of a market place is distraction. Guterson makes judgments in this essay about the Mall and the American culture. Honestly I think that he needs to get with the times and accept this new evolution of shopping. Guterson starts with statistics and facts on the Mall as a retail complex. Opened in the summer of 1992, the mall was conveniently located close to the Minneapolis- St. Paul Airport. How ironically placed. He starts to question the Mall and it’s creators. Was this Mall a tourist attraction? Or a zone of entertainment that is easily accessible to all types of people? Being a male, I feel that Guterson does not fully appreciate the resources found in this mall. Therefore, this is why he reacting negatively to the Mall. This Mall was designed to not only be a mall, but to also be a tourist attraction that would draw a diversity of different people. Guterson talks about the look and atmosphere affecting the human psychology in the mind to think the situation was suitable. You should go into the mall with the intentions of shopping not with the intent of losing yourself in the mall’s design and structure. Guterson argues that communal areas should be built more for the intention of â€Å"eternal desire for discourse and intimacy†. Our society has lost our goals for what the marketplace should be. These goals cannot be accomplished in giant shopping malls, according to Guterson. Guterson’s only example of the types of people who enjoy shopping at the Mall, is a conversation that I feel is quite cliche and biased. He uses a conversation between two young women named Kathleen and Laura. The conversation is short but says a lot about the types of people who shop at the Mall. They explain that shopping to them is a â€Å"sickness† or a â€Å"drug†. Laura says: â€Å" Seriously, I feel sorry for other malls. They’re so small and boring. What does this idea say about today’s youth views on malls and their expectations? Do all malls have to be like The Mall of America? The fact that the Mall is so big, it gives it a special characteristic that no other mall can achieve. Not every trip to the mall has to be above and beyond. According to records, â€Å"Rural Americans traditionally looked forward to the excitement and sensuality of market day. † (Guterson 289) In the past, there were boundaries for market places. Today, anything entertaining is good enough. The Mall, according to Guterson, is not even a market place at all. He considers it a tourist attraction. The Mall is supposed to be greater than any other mall or tourist attraction. It is supposed to be both. The idea that The Mall of America is a cultural image is not even the word Guterson would use to explain this marvel. The mall has everything you would ever imagine in a theme park, mall, or institution. Anything from marriages to shootings happen in the Mall. Extreme malls aren’t stopping in just the United States. Japan is planning on building a $400 million dollar mall complete with an ice rink, a water park, a fantasy-theme hotel, three breweries, waterfalls, and a sports center. The concept of shopping will never cease. Every megamall will try and out-do the last. Malls of the world will continue to grow bigger and bigger. Who knew that a place with no windows or clocks would be so claustrophobic yet popular? Who knew that a place selling everything imaginable would be the one of many centers of the United States’ economy? Who knew that this fantasy of a megamall would stimulate something so powerful as to inspire psychological dependence to spending money? No one would have seen it coming. But now that its here, do we take it for granted? Do we abuse our rights as humans with free will? Guterson argues these points but does not make his conclusions clear. Ending in a sarcastic remark about the Mall’s theme park, â€Å"Camp Snoopy†, I feel he does not conclude his thoughts to his essay. As for the future of megamalls? They will never stop impressing the public eye. But Guterson believes that we need to stay on track with our priorities. Guterson explains, â€Å"I already knew that the Mall of America had been imagined by its creator not merely as a marketplace but as a national tourist attraction, an immense zone of entertainment. (Guterson 288) He sees the Mall as a distracting aspect of our society. Guterson makes judgment in this essay about the Mall of America and more broadly about American culture. He also talks about the building of The Mall of America as a tourist attraction and how the mall is degrading the art of architecture because it’s a waste of a building. Guterson has good credentials that make his opinion reliable, but I feel that he needs to look at the positive aspects that the Mall has for the economy and the United States wealth systems. His opinion is respected, but he needs to appreciate what megamalls have offered the world.

Descartes vs. Hume Essay - 698 Words

Rene Descartes, a rationalist, said that each person contains the criteria for truth and knowledge in them. Finding truth and knowledge comes from the individual themselves, not necessarily from God. Descartes also believed that reason is the same for every single person. Descartes believed that nothing could be true unless we as humans could perceive it. He also believed that you could break down things into smaller simpler parts. Descartes also believed that there was a relationship between the mind and body. He also believed that the idea of being perfect originated from God since God himself was perfect. He also integrates his mathematical concepts into his methodology. Descartes also applied doubt to his ideas before he†¦show more content†¦Hume said that in our ideas we use scissors and paste to cut our ideas out and paste them to our minds. Just like in the example of the gold mountains. Hume also wanted to explain things through a non-theological base. I be lieve that this is a good way of thinking because how can one higher being, God, really be able to control everything that we as human beings do? I dont think that God can control every single persons actions or thoughts. If you believe in God and religion then that can be a foundation for your life but not necessarily be why we do or dont do things. Humes idea on that we derive our ideas through our experiences is very knowledgeable in my opinion. Everyone has different experiences throughout their lives, not everyones is the same, so we must get our ideas through our experiences. If a little child puts his hand on the hot stove top, hi is in pain from the heat. He will learn from that experience that stoves are hot and not to touch them. Descartes believed that everyones thoughts and ideas were equal, unlike Hume. How could Descartes idea on equal thoughts be true when not everyone may even have a stove in their house so each little child may not be able to experience the s ame things? Hume also believed in cause and effect. I believe in this because in order for something to happen something needed to causeShow MoreRelatedEssay about Rationalism and Empiricism1486 Words   |  6 Pagesare most likely the two most famous and intriguing schools of philosophy. The two schools deal specifically with epistemology, or, the origin of knowledge. Although not completely opposite, they are often considered so, and are seen as the Jordan vs. Bird of the philosophy world. The origins of rationalism and empiricism can be traced back to the 17th century, when many important advancements were made in scientific fields such as astronomy and mechanics. 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