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Title: Prosecution, reason and value : considering domestic violence
Author: Dempsey, Michelle Madden
ISNI:       0000 0000 7984 1363
Awarding Body: Oxford University
Current Institution: University of Oxford
Date of Award: 2007
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What should public prosecutors do when victims withdraw support for domestic violence prosecutions? This question motivates the investigation undertaken in this thesis and the answer defended herein can be summarised as follows: within the realm of justified (permissible) action, prosecutors should respond effectively; which is to say that ceteris paribus domestic violence prosecutors should respond as feminists. Thus, a central claim of this thesis is that other things being equal, domestic violence prosecutors should be feminists. This claim is intended as a provocative formulation of the proposition that domestic violence prosecutors should act for reasons generated by the value of reconstituting their States (and communities) as less patriarchal. This thesis defends that claim in two steps. Step one sets out a general theory of prosecutorial practical reasoning and step two considers the prosecution of domestic violence offences in particular. Along the way, this thesis provides an original account of the nature of prosecutorial action, the values that can be realised through such action, and the relationship between these values and the practical reasoning of criminal prosecutors. Moreover, this thesis provides original analyses of two key concepts, domestic violence and patriarchy, and explains the relevance of the latter to a proper understanding of the former. The thesis then puts the preceding insights to work in answering the motivating question stated above, providing answers both in terms of what prosecutors would be justified in doing and what prosecutors should do in order to be effective. Finally, the thesis examines and responds to some general objections that might be raised to the arguments herein, ultimately defending the role. of the domestic violence prosecutor as feminist.
Supervisor: Not available Sponsor: Not available
Qualification Name: Oxford University, 2007 Qualification Level: Doctoral
EThOS ID:  DOI: Not available