Your Basket is currently empty

Your Bookshelf is empty!

Your Basket is currently empty


Criminal Law and the Man Problem

By: Ngaire Naffine
Media of Criminal Law and the Man Problem
See larger image
Published: 04-04-2019
Format: EPUB eBook (?)
Edition: 1st
Extent: 304
ISBN: 9781509918027
Imprint: Hart Publishing
RRP: £24.29
Online price : £19.43
Save £4.86 (20%)

This book is also available in other formats: View formats

Please note that ebooks are subject to tax and the final price may vary depending on your country of residence.

Delivery & Returns

Tell others about this product

Loren Epson

About Criminal Law and the Man Problem

Men have always dominated the most basic precepts of the criminal legal world – its norms, its priorities and its character. Men have been the regulators and the regulated: the main subjects and objects of criminal law and by far the more dangerous sex. And yet men, as men, are still hardly talked about as the determining force within criminal law or in its exegesis. This book brings men into sharp focus, as the pervasively powerful interest group, whose wants and preoccupations have shaped the discipline. This constitutes the 'man problem' of criminal law.

This new analysis probes the unacknowledged thinking of generations of influential legal men, which includes the psychological and legal techniques that have obscured the operation of bias, even to the legal experts themselves. It explains how men's interests have influenced the most cherished legal norms, especially the rules of human contact, which were designed to protect men from other men, while specifically securing lawful sexual access to at least one woman. The aim is to test the discipline's broadest commitments to civility, and its trajectory towards the final resolution, when men and women were declared to be equal and equivalent legal persons. In the process it exposes the morally and intellectually limiting consequences of male power.

Table Of Contents

Chapter 1a Introduction
Chapter 1 Problem Illustrated: The landmark marital rape case of DPP v Morgan and its mixed significance for the men of law
Chapter 2 The Criminal World: The landmark marital rape case of DPP v Morgan and its mixed significance for the men of law
Chapter 3 Hale, Blackstone and the Character of Men: The importance of personal border control
Chapter 4 JS Mill, Stephen and the Victorian Mentality
Chapter 5 The Cast of Men: The Bounded Man, the Domestic Monarch and the Sexual Master
Chapter 6 From Supremacy to Euphemism: Good Men Trapped in their Own Assumptions
Chapter 7 Modernisation Or Men Assuming Responsibility without Taking Responsibility
Chapter 8 The Invisible Man: Why the men of law cannot see the men of law
Chapter 9 The Modern Individual of Criminal Law
Chapter 10 Men, Women, and Civil Society: Male civility in the twenty first century
Chapter 11 Recapitulation


“This ground-breaking and readable treatise belongs in every predominantly English law library in the world.” –  Ken Fox, Law Society of Saskatchewan Library, Canadian Law Library Review

“In this erudite and powerfully argued book, Ngaire Naffine adds to her already distinguished contributions to feminist legal scholarship with a trenchant critique of the persistent patriarchy of criminal law.” –  Nicola Lacey, London School of Economics and Political Science, Journal of Law and Society

“[A] hard-hitting, no-holds-barred critique of the pervasive maleness of criminal law, particularly, though far from exclusively, as it has operated, and continues to operate, in the sphere of sexual violence ... Naffine's book is a hugely significant achievement, likely to be devoured and debated, celebrated and critiqued, in equal measure. Most importantly, Criminal Law and the Man Problem issues a serious challenge, not just to criminal legal scholars but to legal scholars in general, to confront the continuing legacy of a deeply patriarchal past in the context of a discursive tradition in which history and authority have long been naturally aligned.” –  Joanne Conaghan, University of Bristol, Feminist Legal Studies

“I found myself at times marvelling that, after decades of feminist work in this area, the point continues to need to be made that the criminal law and associated disciplines have a 'man problem'. However, on reflection, it seemed to me another plank in Naffine's argument that demonstrates both the deep-seated nature of law's masculine bias, and also the difficulty, as Naffine so eloquently argues, in making the 'men of law' recognise the problem. I can only hope that Naffine's challenge to the discipline is recognised and acted upon so that it can be an important step in confronting as well as analysing the 'man problem'.” –  Tanya Serisier, Birkbeck, University of London, Alternative Law Journal

“This is an important book … that challenges many of the things that we take for granted about the criminal law.” –  Lindsay Farmer, Criminal Law and Criminal Justice Books

“A powerful and provocative addition to literatures of criminal legal history, gender and the law and critical approaches to criminal law. It can function as a valuable teaching tool.” –  Kay Lalor, Manchester Law School, Legal Studies

Bookmark and Share