Feminism, Punishment and the Potential of Empowerment

Abstract

AbstractThis paper argues that understanding the potential roles law and the state can play as transformative tools in counter-hegemonic feminist struggle requires that they be historically and structurally situated and contextualized, for both can be and have been facilitative as well as repressive. The paper examines, first, the negative consequences of using criminal law and the criminal justice system as instruments of reform, arguing that criminal law lacks transformative potential because of its particular role vis-à-vis the welfare state, dominant ideologies, and the struggle for change. Rights struggles are examined next, and it is argued that feminists should engage with law only under certain specified conditions to advance particular aims. The paper suggests some legal dead ends feminists should avoid, then examines alternative strategies which, it is argued, have the potential to empower and thereby to produce real and lasting improvements in women's lives.