Duffy, Kate (2021) Navigating Subordination: The Potential of Restorative Justice. Masters thesis, National University of Ireland Maynooth.

Preview

Download (530kB) | Preview

Abstract

The patriarchal foundation of society is built on the domination of others. Gender, sex, race, and age, all place individuals in a subordinated position within the social hierarchy. For women, this is a complex and precarious position to be in, as not only must they navigate the complicated intersections of gender, race, and age, but they must also contend that their sex renders them secondary to the domineering male figurehead of the state and its subsequent extensions. The aim of this thesis is to convey how the patriarchal structure of the retributive legal system opposes the justice needs of victim-survivors in the aftermath of sexual violence, proposing that alternative methods of justice delivery must be implemented to ensure that all in society have access to justice. To do this, the literature surrounding sexual violence, rape myths and their interaction with the criminal justice system will be explored. Following this, a review of the literature on the functioning of conventional adversarial legal systems and their treatment of victim-survivors of sexual violence is examined. Lastly, the use of restorative justice in cases of sexual violence is explored, in a bid to discern its potential to better meet the individualized needs of victim-survivors of sexual violence. If the condition for benefitting from retributive due process is adherence to the patriarchal and paternalistic conceptions of women and their role in society, then restorative justice can potentially offer them a means of navigating their subordination to achieve justice.

Item Type:	Thesis (Masters)
Additional Information:	A dissertation submitted in partial fulfilment of the requirements for the degree of MA in Comparative Criminology and Criminal Justice.
Keywords:	Navigating; Subordination; Potential; Restorative Justice; Comparative Criminology and Criminal Justice;
Academic Unit:	Faculty of Social Sciences > Law
Item ID:	19053
Depositing User:	IR eTheses
Date Deposited:	15 Oct 2024 13:50
URI:
Use Licence:	This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available here

Repository Staff Only(login required)

Item control page

Downloads

Origin of downloads