The Duty to Retreat in Self-Defense Law and Violence Against Women

The Duty to Retreat in Self-Defense Law and Violence Against Women (Oxford Handbooks Online June 2017)

21 Pages Posted: 13 Jun 2017 Last revised: 19 Jun 2018

See all articles by Aya Gruber

Aya Gruber

University of Colorado Law School

Date Written: June 7, 2017

Abstract

This article explores the complicated relationship between the duty to retreat in self-defense law and violence against women. It first provides an overview of self-defense law in the United States, with particular emphasis on the duty to retreat, before discussing the feminists’ position regarding self-defense law in the context of battered women who kill abusers, along with the so-called “no-retreat” rules. It then traces the history of no-retreat in U.S. law and argues that it is a complex doctrine, both liberationist and discriminatory. It also examines the tension in feminist theorizing on retreat by focusing on recent stand-your-ground controversies. The article concludes by proposing distributional analysis as a framework for feminists and other theorists to resolve the persistent tensions between the duty to retreat and gender justice.

Keywords: duty to retreat, self-defense, violence against women, battered women, no-retreat, retreat, stand-your-ground, distributional analysis, feminist, gender justice

JEL Classification: K14, K42

Suggested Citation

Gruber, Aya, The Duty to Retreat in Self-Defense Law and Violence Against Women (June 7, 2017). The Duty to Retreat in Self-Defense Law and Violence Against Women (Oxford Handbooks Online June 2017), Available at SSRN: https://ssrn.com/abstract=2983891

Aya Gruber (Contact Author)

University of Colorado Law School ( email )

401 UCB
Boulder, CO 80309
United States
(303) 492-8441 (Phone)

HOME PAGE: http://lawweb.colorado.edu/profiles/profile.jsp?id=325

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