Title

Evaluating Criminalisation as a Strategy in Relation to Non-Physical Family Violence

RIS ID

141861

Publication Details

J. Quilter, 'Evaluating Criminalisation as a Strategy in Relation to Non-Physical Family Violence' in M. McMahon & P. McGorrery(eds), Criminalising Coercive Control: Family Violence and the Criminal Law (2020) 111-131.

Abstract

This chapter reflects broadly on the use of criminalisation as a strategy for addressing the harms and risks related to non-physical family violence. It aims to contribute to constructive dialogue over whether we should adopt new forms of criminalisation to combat non-physical family violence and, if so, how we should criminalise. This chapter is organised around three lines of inquiry. First, a consideration of whether a different 'logic' of criminalisation operates in relation to domestic violence when compared to other subject matter or 'sites' of criminal lawmaking. Secondly, a discussion about the care that needs to be taken when 'borrowing' criminalisation innovations to address coercive non-physical forms of domestic violence from other policy settings and jurisdictions. Finally, an examination of how we should approach the detection of a 'gap' in existing legal arrangements and the considerations that should inform what statutory architecture is appropriate for filling any gap so identified.

Please refer to publisher version or contact your library.

Share

COinS
 

Link to publisher version (DOI)

http://dx.doi.org/10.1007/978-981-15-0653-6_6