Challenging Anti-Carceral Feminism: Criminalisation, Justice and Continuum Thinking

(2022) 93 Women Studies International Forum https://doi.org/10.1016/j.wsif.2022.102614

8 Pages Posted: 14 Jun 2022

Date Written: June 10, 2022

Abstract

While anti-carceral feminism – which challenges the use of the criminal law and criminal justice system to tackle violence against women – is increasingly dominant, this article builds on an emerging body of work contesting its central premises. In particular, this article emphasises that some sexual violence survivors seek criminal justice redress and examines the work of feminist organisations both supporting survivors and demanding radical change. It argues that some anti-carceral feminism risks reifying existing criminal laws and reproducing sexual violence myths and stereotypes. In doing so, it defends criminalisation of ‘new’ and emerging forms of abuse and offers ‘continuum thinking’ (Boyle 2019) as a way of moving beyond the polarised and binary approaches of current debates and activism. The aim is to encourage a nuanced, complex approach to the criminal law and criminalisation which recognises both a role for criminal justice and alternatives; which listens to the voices of all survivors, including those whose understanding of justice includes criminal justice; and which is fully alive to the risks and challenges that all justice approaches entail whether state or community based.

Keywords: Anti-carceral feminism, continuum thinking, criminalisation, kaleidoscopic justice, transformative justice, #MeToo, abolition feminism

Suggested Citation

McGlynn, Clare M. S., Challenging Anti-Carceral Feminism: Criminalisation, Justice and Continuum Thinking (June 10, 2022). (2022) 93 Women Studies International Forum https://doi.org/10.1016/j.wsif.2022.102614, Available at SSRN: https://ssrn.com/abstract=4132898 or http://dx.doi.org/10.2139/ssrn.4132898

Clare M. S. McGlynn (Contact Author)

Durham Law School, Durham University ( email )

Durham University
Palatine Centre
Durham, County Durham DH1 3LE
United Kingdom
0191 334 2800 (Phone)

HOME PAGE: http://www.dur.ac.uk/law/staff/stafflist/?id=429

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