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Prosecuting Domestic Violence: A Philosophical Analysis Book

Prosecuting Domestic Violence: A Philosophical Analysis
Prosecuting Domestic Violence: A Philosophical Analysis, This series aims to cover all aspects of criminal law and procedure including criminal evidence. The scope of this series is wide, encompassing both practical and theoretical works., Prosecuting Domestic Violence: A Philosophical Analysis has a rating of 3 stars
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Prosecuting Domestic Violence: A Philosophical Analysis, This series aims to cover all aspects of criminal law and procedure including criminal evidence. The scope of this series is wide, encompassing both practical and theoretical works., Prosecuting Domestic Violence: A Philosophical Analysis
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  • Prosecuting Domestic Violence: A Philosophical Analysis
  • Written by author Michelle Madden Dempsey
  • Published by Oxford University Press, USA, May 2009
  • This series aims to cover all aspects of criminal law and procedure including criminal evidence. The scope of this series is wide, encompassing both practical and theoretical works.
  • What should public prosecutors do when victims withdraw support for domestic violence prosecutions? The answer to this question that motivates the investigation undertaken in this book defends the claim that (other things being equal) domestic violence pr
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Table of Cases and Statutes xvii

Part I Some Preliminary Considerations

1 Introduction 3

A Why Domestic-Violence Prosecution? 3

B Some Assumptions 8

C On Methodology 10

D A Motivating Question 14

E Four Types of Domestic-violence Case 17

F Victimless Prosecution: Framing the Debate 22

G Conclusion 23

2 Wrong Turns on the Way to an Answer 24

A Legal Formalism: How Far Does Law Get Us? 24

B Does it Help to Think in Terms of Public/Private? 31

C Conclusion 41

Part II A Fresh Start

3 Prosecutors: What They Are and What They Do 45

A What Prosecutors Are 46

B What Prosecutors Do 52

C Conclusion 57

4 Prosecutorial Action and Value 59

A Prosecution and Consequential Value 60

B Prosecution and Intrinsic Value 64

C Conclusion 80

5 Reasons for Prosecutors 81

A The Good and the Right 83

B The Normal Correspondence Thesis 86

C Wrongs and Reasons 91

D Reasons to Do It Yourself and Reasons to Help Someone Else Do It 95

E The Impact of Justified Authoritative Directives and Principles on Prosecutorial Reasons 98

F Conclusion 99

Part III Considering Domestic Violence

6 What Counts as Domestic Violence? 103

A Setting the Stage 103

B Three Elements of Domestic Violence 105

C An Explanatory Model of Domestic Violence 113

D Four Accounts of Domestic Violence 117

E Conclusion 127

7 Patriarchy 129

A On Being Feminist 129

B Three Senses of Patriarchy 135

C Patriarchal Character and Social Forms 137

D Patriarchy as a Wrong 139

E Patriarchy as a Structural Inequality 147

F Conclusion 153

8 Domestic-violence Prosecution: Justification and Effectiveness 155

A Justifying Domestic-violence Prosecutorial Actions156

B Effective Domestic-violence Prosecutorial Actions 167

C Conclusion 184

9 Victims and Prosecutions 185

A Four Kinds of Reason Generated by Wrongdoing 185

B Do Victims Have a Right to Participate in Prosecutions? 193

C Do Victims Have a Duty to Participate in Prosecutions? 197

D Against Enforcement 204

E Conclusion 209

10 Conclusion 211

A Why Prosecution? 211

B Criminal Law: A Blunt Instrument? 215

C Ceteris Paribus? 218

D Conclusion 221

Bibliography 223

Index 239


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