Feminism is an ideology that is believed to have been prevalent for a very long time in the course of gender justice. It started in the year 1848 and it has been perceive to be against the wave of slavery and unjust treatment to women. The aim is to find out how feminist concept has tried to find its way through the course of justice and how criminal law has been impacted by feminist theories. General has always played a very important role in understanding the psychology and role play of offenders who have caused crime (Modleski 2015 p. 61). Gender cannot be isolated from criminal theories and their role for the criminal justice system gives heavy emphasis on the role of theories pertaining to gender. Therefore this writing shall focus on issues that are strictly related to the offence created by one important segment of the society that is women and how those of senders and wrongdoers can be studied by putting them on the brackets of feminist theory (Crenshaw 2018 p. 73).
To begin with it seems like an of topic as to the relation that has to be established between women and crying and therefore to begin with it is very essential to understand the reason why feminism has been given the status within the society so that criminal system can be evaluated identifying the psychology of women. Gender is something that humans are born with whereas sex is what the society t gives us (Allen 2018 p. 86). There is a reason as to why Gender and sex both play a very important role in understanding our criminal justice system and also in examining the purpose of these two terms in the society. The trait of understanding a masculine personality pertains to man and it is believed that women who commit crime also have a masculine side to themselves there by totally abolishing the thought that a feminine character can commit crime. Be in the society or in the present the segregation has been based on the characteristic differentiation of being masculine or being feminine. it has always believed that a man who give South feminine wives will not be coming crime where as on the same stoke women who committed crime with thoughts to have a masculine traits to themselves and it is also believed that these female offenders be more like men and less like women (Price and Shildrick 2017 p. 421).
The 20th as well as the 21st century 180 change in the way men and women were perceived and how feminist could be he and ideology that can be given to both men and women and that the concept of feminism has an incredible role to play both in society as well as in politics (Matsuda 2017 p. 55). The social change that started to gather relevance around that time was seen in gendered roles. Which time it started to be seen that many issues related to gender justice started to crop up and that people started to also it quit criminal justice and gender justice so that some parallel could be drawn as to why the role played by women should be given Emphasis and importance (Bartlett 2018 p. 321). The 21st century broke the floodgates to the recognition of rights of women and how women should be treated equally like men and they stay there should be recognized in the society. The reason behind this Outlook because it is believed that sex and gender play a very important role within the criminal justice framework and also in the life of women. In the early days of research when the relation between crime and Society was been established it was seen that women were absolutely not considered and they were not acted in while understanding the relation between society and criminal justice (Rice 2016 p. 302). The role of feminist theories also gives enough importance to race as well as atomicity and the sexuality of these people. It is the role of the society to understand why a crime was committed why particularly a woman commented that crime and how the society should look at the woman differently and what should be the treatment of the society in understanding the reason why the crimes committed by a woman. There are important discussions that should be considered while evaluating the role of women in the society and white crime should not be gender specific and that a neutral treatment of women along with men should be awarded by the society (Bacchi and Eveline 2015 p. 368).
Scholars are of the opinion now that the society is still reeling from patriarchal hangover and that long abuse of male domination over women has resulted in a society that has not taken into account the wrongs committed against women and how they have been secluded from equal rights and treatment. Society has always been male-dominated and therefore there was a significant need for rise of feminism so that the issues of rape, assaults to women and the prejudice against sex workers could be done away with (Policasstro 2015 p. 4).
Historically women have been categorized into good women and bad women. Good women were the ones who did not commit any crime and they were also applying to the societal mandates whereas the bad women were the one who committed crime and masculine in nature and had traits of male stereotype. Crime has been defined as an individual act and that it has no relevance to society and the women who were choosing to commit any crime acting on their own free will and that society did not play any role in trying to make them turn hostile. it is always win a question as to why girls and women have an important role to play in the society and why society is marketing women to be a cause for any kind of human activity in the society. There was growing discomfort and abuse in the relations of women and it was seen that it was becoming a complex and allergy to draw between the personalities that were being offered by women and how they were also getting streamlined to act entreat themselves in a different way in the society. In the earlier days there was an universalistic approach that claimed that all girls act in a certain way but which time that changed into a unitary method of Thinking which started to identify only the women who could be capable of committing that crime and it was from a stand (Elliot 2016 p. 312). The theory started when it started to look like women had their opinions and their viewpoints and this could be traced from their experiences that they have had in the past and that women were treated as an offenders as well as victims. Most of the crimes committed against women who were of importance to be studied later on but also the fact that women were committing more crime was being considered by Scholars as well as academicians. Women started with segregated and they were treated differently and the concern was taken out by State Government as well as some NGOs. It was always believed that crime had a male perspective to it and theories of masculinity could always be equated with crime. another theory that was of importance in understanding and constructing a behavior pattern of women was ‘women of discourse’ which we in which the sexual, criminal, legal and social discourses were discussed and this believed advances where we made in understanding the psychology of human and how it is affecting the society.
In the late 1990s, there was seen to be a different change in the way it was being possessive about the role of men and women and how sex and gender be used to identify the role of women in the society. This shift severely infected the feminist work of the scholars looking at different ways to study criminology. Sex and gender have been given two different terms in the understanding of their radius within the social as well as a natural framework of existence. These two different terms used not to have a dualistic approach in understanding the differences but to make sure that the role of gender was given Emphasis that is how the society perceives a particular person. It is very important to understand that sex is how a person is seen biologically and gender is what the society gives to him and how the society treats him. Therefore it was very essential to give the role of gender because the societal construct was important to be taken into account in understanding problems related to inequality and sex differences. Therefore not only limiting sex and generate to biological concept it was important to see how society was also looking at them and treating them in different ways to understand the role they were playing in the evolution of crime (Hodgson 2017 p. 61).
Along with language differences and euphemisms, it is pertinent to give significance to both culture and understanding of sexual differences. By studying the way women and girls very differently increasing as well as in criminal courts new theory started to emerge to understand how women were treated to have an agency of men over them and that it was also believed that they could not conduct themselves independently and that they have to be taken charge of by men. Body was a song which started to be associated with understanding sex and gender both as socially and naturally created ideologies. Culture and body with treated to be residing in the mind of a human being and therefore Scholars try to break this dual process of looking at the human brain which was getting to be divided into culture and body and therefore new terms like subjectivity and corporeality were discussed on the same plane. The problem has always been in understanding the complexity and also the diversity in terms of individual is taken as always occupational conditions and that the feminist concept has always been regarding the distinct is signature that is associated in a society (Chappel 2015 p. 120). The form where we see in society has been deeply impacted by the way feminist have been viewed. Therefore how gender and sex can be constructed can also be found through justice delivery system as well as on how crime and offending are looked at. The name should be to not go into generalization as to the number of men and women who commit a crime and look at the crime objectively and from the view of how a woman could have acted differently have the society not forced not forced her to commit that crime. Biology has always been at the receiving end of these generalizations and therefore physical and sexual violence have been perceived to be coming out of that significant change in the way of women is termed to be a victim. The terms woman of discourse as well as real women were two terms to understand the way to theoretically understand women in the social perspective.
Conclusion
Determine gendered crime means the context of gender that is associated with the crime and how society only gift set a color of gender because it is related to a woman carrying out and offensive act. There are both feminist as well as non feminist ways of looking at the situation and the feminist version of looking at crime is regarding the way a woman takes up on herself to redeem herself from abuse and aims to survive on criminal parts to seek justice. These gendered criminal activities and gendered life is related to the concept of men and women looking at society differently and expressing themselves in a non uniform manner. There for applying this kind of theory in the long run and in a General perspective of society is to look at both delinquency and non delinquency.
References
Allen, A, 2018, The power of feminist theory, Routledge pp. 84-90.
Bacchi, C & Eveline, J, 2015, Mainstreaming politics: Gendering practices and feminist theory . University of Adelaide Press ,p. 368.
Bartlett, K, 2018, Feminist legal theory: Readings in law and gender, Routledge p. 321.
Chappell, L, 2015, The Politics of Gender Justice at the International Criminal Court: Legacies and Legitimacy, Oxford University Press p. 120.
Connell, R, 2015, Meeting at the edge of fear: Theory on a world scale, Feminist Theory, vol.16(1), pp. 49-66.
Crenshaw, K, 2018, Demarginalizing the intersection of race and sex: A Black feminist critique of antidiscrimination doctrine, feminist theory, and antiracist politics,1989, In Feminist legal theory, Routledge, pp. 57-80.
Crosby, B and WILPF Arts Committee, 2015, Women Creating Art for Peace & Gender Justice: 20 Years of Collaborations.
Elliot, P, 2016, Debates in transgender, queer, and feminist theory: Contested sites. Routledge p. 312.
Hodgson, DL, 2017, Gender, justice, and the problem of culture: from customary law to human rights in Tanzania, Indiana University Press, p. 56-65.
Matsuda, MJ, 2017, Liberal jurisprudence and abstracted visions of human nature: A feminist critique of Rawls’ theory of justice, In Gender and Justice, Routledge, pp. 47-64.
Modleski, T, 2015, The women who knew too much: Hitchcock and feminist theory, Routledge. pp. 50-61
Policastro, C, 2015, Feminist Theory, The Encyclopedia of Crime and Punishment, pp.1-5.
Price, J & Shildrick, M, 2017, Feminist theory and the body: a reader, Routledge, p. 421.
Rice, M, 2016, Challenging orthodoxies in feminist theory: a black feminist critique, In Walklate: Gender and Crime, vol. I. Routledge, pp. 296-310.
Sturgeon, N, 2016, Ecofeminist natures: Race, gender, feminist theory and political action, Routledge, p. 523.
Weir, A, 2014, Sacrificial logics: Feminist theory and the critique of identity, Routledge, pp. 54-60.
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