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Tillförlitlighet eller efterkonstruktion? En rättssociologisk kritisk diskursanalys av friande och fällande våldtäktsdomar

Fischer, Louise LU (2015) RÄSK02 20151
Department of Sociology of Law
Abstract
Rancorous debates about the rape legislation occur periodically in Swedish media. The purpose of this study is to highlight laws argumentation about the women’s statement in rape verdicts from a gender perspective. Furthermore, the study examines how laws argumentation is divided about the women’s story in guilty and exculpatory verdicts, and why she is less trustworthy than the man in the exculpatory verdicts. Through its position of power, law mediates what normative behaviour is relative to gender identity in society. Fairclough’s critical discourse analysis is used to highlight laws reproduction of discourses. Foucault’s power analysis and Smart’s feminist legal theory is used in the analysis of three exculpatory verdicts and three... (More)
Rancorous debates about the rape legislation occur periodically in Swedish media. The purpose of this study is to highlight laws argumentation about the women’s statement in rape verdicts from a gender perspective. Furthermore, the study examines how laws argumentation is divided about the women’s story in guilty and exculpatory verdicts, and why she is less trustworthy than the man in the exculpatory verdicts. Through its position of power, law mediates what normative behaviour is relative to gender identity in society. Fairclough’s critical discourse analysis is used to highlight laws reproduction of discourses. Foucault’s power analysis and Smart’s feminist legal theory is used in the analysis of three exculpatory verdicts and three guilty verdicts to highlight laws discourses in society. The results of the analysis show that law in the exculpatory verdicts, thought, that the woman’s behaviour where questioning her credibility. Conversely the same behaviour was supporting her credibility in the guilty verdicts. Her credibility is based on the injuries she exhibited, the resistance she made and if she before the alleged rape had been intimate with the man. Her mental health does impact laws assessment of her credibility. Law assumes a phallocentric perspective were the man is the norm and the woman should from this perspective satisfy a man’s needs. Legal discourses exercise power and help maintain gender identity in society, which restricts women’s freedom of action. (Less)
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author
Fischer, Louise LU
supervisor
organization
course
RÄSK02 20151
year
type
M2 - Bachelor Degree
subject
keywords
discourse, sex, gender, rape, law
language
Swedish
id
7363257
date added to LUP
2015-06-25 11:58:15
date last changed
2015-06-25 11:58:15
@misc{7363257,
  abstract     = {Rancorous debates about the rape legislation occur periodically in Swedish media. The purpose of this study is to highlight laws argumentation about the women’s statement in rape verdicts from a gender perspective. Furthermore, the study examines how laws argumentation is divided about the women’s story in guilty and exculpatory verdicts, and why she is less trustworthy than the man in the exculpatory verdicts. Through its position of power, law mediates what normative behaviour is relative to gender identity in society. Fairclough’s critical discourse analysis is used to highlight laws reproduction of discourses. Foucault’s power analysis and Smart’s feminist legal theory is used in the analysis of three exculpatory verdicts and three guilty verdicts to highlight laws discourses in society. The results of the analysis show that law in the exculpatory verdicts, thought, that the woman’s behaviour where questioning her credibility. Conversely the same behaviour was supporting her credibility in the guilty verdicts. Her credibility is based on the injuries she exhibited, the resistance she made and if she before the alleged rape had been intimate with the man. Her mental health does impact laws assessment of her credibility. Law assumes a phallocentric perspective were the man is the norm and the woman should from this perspective satisfy a man’s needs. Legal discourses exercise power and help maintain gender identity in society, which restricts women’s freedom of action.},
  author       = {Fischer, Louise},
  keyword      = {discourse,sex,gender,rape,law},
  language     = {swe},
  note         = {Student Paper},
  title        = {Tillförlitlighet eller efterkonstruktion? En rättssociologisk kritisk diskursanalys av friande och fällande våldtäktsdomar},
  year         = {2015},
}