Criminal Law, Feminism and Emotions

Thinking through the Legal Unconscious

Latika Vashist

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Hardback

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English

Routledge
29 January 2025

Regional studies; Crime & criminology; Gender & the law; Criminal law & procedure; Psychotherapy

This book critically engages criminal law issues relating to sexuality and violence in order to argue that an attention to emotions can produce a more nuanced, and more adequate, feminist account of legal subjectivity.

Although the relationship between law and feminism has resulted in a vast body of work, the issue of emotions has not been foregrounded in feminist legal scholarship in India. Indeed, many feminists have argued that reason and not emotion must provide the foundational basis for all laws and legal reforms; an argument that has led to a division of the legal and the psychic or the emotional into separate and distinct zones. Challenging this separation, the book engages a range of recent criminal law cases and legislations in India in order to advocate for a ‘feminine’ law that embraces its inherent cracks and contradictions. Drawing on psychoanalytic theory, the book takes up a range of issues surrounding sexuality and violence in order to propose a shift from viewing law as reason to seeing law as the terrain of messy and contradictory emotional continuums; where legal subjects are viewed in their psychic dimensions, and where law itself is opened up to its own unconscious desires. Foregrounding emotions in this way, the book argues, can offer new insights into the operation of criminal law, and new orientations for feminist ways of responding to, and engaging with, it.

This book will be of interest to scholars and students working in the areas of criminal law, legal feminism, and gender studies.

By: Latika Vashist
Imprint: Routledge
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
Weight: 453g
ISBN: 9781032469263
ISBN 10: 1032469269
Pages: 192
Publication Date: 29 January 2025
Audience: College/higher education , Primary
Format: Hardback
Publisher's Status: Active

1. The Limits of Nussbaum’s Conception of Emotions 2. Gendered Emotions in the Provocation Defence 3. Glimpses of our Darker Selves 4. Defamiliarizing the Sexual 5. Theorizing Sexual Consent 6. Sexuality and the Figure of the ‘Child’

Latika Vashist is Associate Professor at Dr. B.R. Ambedkar University Delhi, India.