Abstract

http://ssrn.com/abstract=1535108
 
 

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Domestic Violence and Marriage-Like Relationships: Social Security Law at the Crossroads


Patricia L. Easteal


University of Canberra - Faculty of law

Derek Emerson-Elliott


University of Canberra

2009

34(3) Alternative Law Journal 174-177.

Abstract:     
The effects of living in domestic violence upon its victims’ ability to make choices have been documented in various legal areas. For instance ‘learned helplessness’ and the other disempowering effects of domestic violence are now well recognized in the criminal law relating to murder and provocation. Evidence showing how victims’ choice-making may become constrained thus affecting their capacity to leave the violent relationship has been deemed as relevant in a number of cases. But battered woman’s syndrome, or what is perhaps better described as ‘battered woman’s reality,’ has had only patchy acceptance in case law outside of homicide. A recent Administrative Appeals Tribunal decision suggests though that it may now be achieving acceptance in social security law.

Number of Pages in PDF File: 5

Keywords: domestic violence

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Date posted: January 12, 2010 ; Last revised: December 4, 2012

Suggested Citation

Easteal, Patricia L. and Emerson-Elliott, Derek, Domestic Violence and Marriage-Like Relationships: Social Security Law at the Crossroads (2009). 34(3) Alternative Law Journal 174-177. . Available at SSRN: http://ssrn.com/abstract=1535108 or http://dx.doi.org/10.2139/ssrn.1535108

Contact Information

Patricia L. Easteal (Contact Author)
University of Canberra - Faculty of law ( email )
Australia
+61 (0)2 6201 5779 (Phone)
+61 (0)2 6201 5764 (fax) (Fax)
Derek Emerson-Elliott
University of Canberra ( email )
Canberra, Australian Capital Territory 2601
Australia
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