Gender distinction in modern English law

下面为大家整理一篇优秀的assignment代写范文- Gender distinction in modern English law，供大家参考学习，这篇论文讨论了近代英国法律中的性别区分。近代的英国法律中的确存在性别区分，既存在优待妇女的条款也存在对妇女严厉的一面，这些区分在很大程度上也是主流妇女观在法律上的反映。英国法律规定，犯罪是在没有遭受任何强迫的情况下的一种自由的行为。因此，如果犯罪者遭受任何形式的强迫都可以成为其无罪的借口。女性犯罪通常被认为是在男性的强迫下进行的，如果没有确凿的证据证明她在主导了犯罪，就可以被宣告无罪释放。

Scholars agree that there is a gender distinction in modern English law. However, there are two different views in academic circles. One is that chivalry is inherent in the law, which has fewer restrictions on women. Another view is that the law treats women more harshly and women are treated unfairly in the law. However, by examining the English laws of this period, we can find both advantages and disadvantages for women.

Under English law, a crime is an act of freedom without any compulsion. Therefore, if the perpetrator is subjected to any form of coercion can be used as an excuse for their innocence. Legally, there are three forms of compulsion, and the husband's compulsion on his wife is one of them. As a result, if a married woman steals or accepts stolen goods, she is acting on behalf of her husband and is considered to have committed the crime under his compulsion. Therefore, if there is no conclusive evidence that she was in charge of the crime, she can be acquitted without proof that she committed the crime under the threat, oppression or guidance of her husband. It's not clear to what extent this husband's coercion of his wife applies to the use of counterfeit money and general misbehavior, or to felonies. But surely this cannot be applied to treason and murder, nor to robbery. The rule extends to the daughter's crime. A daughter's crime is also generally believed to have been committed under the compulsion of her father.

Second, women are in a good position in laws about homosexuality. As late as the 1885 amendment to the penal code, homosexual ACTS between men were illegal, while those between women were never a crime. In 1913, when a member of the house of Commons asked for attention to the issue of homosexuality among women, parliament refused to make any changes to the law. The 1920 amendment was again rejected. DE gent summed up the prevailing view: "I believe there is a real public panic if this bill is implemented. Is it necessary to do so? How many women are as evil, unbalanced, neurotic and depraved as you imagine? ... But you are going to tell the world that there is a violation of the law and bring it to the attention of women who have never heard of it before, who have never thought of it or even dreamed of it. From dejeant's comments, we can confirm that the reason why the legislators refused to believe the existence of lesbians was that they were afraid that more women would follow this criminal path after the behavior was revealed. Women, in their view, are vulnerable and vulnerable to temptation, and may be tempted if they notice this form of crime.

In addition, rape was defined as a male-specific crime and women were excluded from sexually assaulting men. According to the traditional view of the sexes, men and women have different physiological structures. Therefore, men are full of aggressive and adventurous spirit, they are active in sex, while women are passive and conservative, they tend to be obedient to men in sex. Although in medieval times women were lecherous and lascivious, their desires were often met by seduction and submission to men rather than by active aggression. And in more recent times, women were generally considered to be libido-free, while men were sexually active. Therefore, in their eyes, the perpetrators of rape can only be active men rather than passive women.

Of course, there were also disadvantages to women in the law, such as the provision of prostitution and infanticide as female-specific crimes and the disadvantage of women in terms of domestic violence and self-defence.

Before 1884, prostitution was not a crime under the law, only prostitutes wandering the streets. In other words, prostitution in the public eye is illegal. The legal legitimacy of prostitution stems from the double standards of men and women in modern Britain. On the one hand, women are required to be pure virgins before marriage, abide by the principle of women after marriage, and regard chastity as something higher than everything or even life. On the other hand, the requirements for men are more relaxed, the behavior of men whoring has not been too much criticized. Like the sewage pipes proposed by the medieval church, this period saw decent women as having no sex drive. In order to satisfy the sexual desire of men, to protect the purity of decent women, prostitutes became essential evil. The fact that prostitution is legally legal also supports the legitimacy of men who use prostitutes.

Moreover, the crackdown on illegal prostitution is aimed at women and never punishes men. The notorious infectious diseases act, which was opposed by ms butler and her national women's federation, is a prime example. According to butler, the law is for the safety of individuals outside the family, so there should be no gender distinction. However, this act constitutes such a distinction and should therefore be repealed. She argued that the law was enacted because parliament could not tolerate men being tried for paying for sex, and that men in high places should not be subject to change.

Infanticide was also made a crime which only women could commit. Historically, infanticide dates back to classical times and was carried out by male parents. Babies who are physically deficient and weak are often abandoned or drowned in order to have healthy and strong offspring. In some cases, girls are killed at birth in order to obtain male heirs. In modern society, English folk stories and dramatic novels reflect that men are still carrying on this ancient behavior. However, since 1624, English laws have defined this behavior as a crime committed by unmarried mothers to hide the birth of their illegitimate children. New changes were made to the infanticide act of 1922. The law of 1922 explicitly defines infanticide as the crime of infanticide in which a woman's mind is disturbed by her failure to recover in time after childbirth or the effect of breastfeeding causes the death of an infant less than 35 days old. This extends the subject of crime from unmarried mothers to all mothers, but still excludes men.

Women are also at a disadvantage when it comes to domestic violence. In modern England, if a wife kills her husband, it is legally "a very cruel thing, because it not only destroys the human nature and the feelings of husband and wife, but also violates her obedience to her husband. Therefore, this kind of crime is defined as treason, and suffers the same punishment as killing the king. A husband killing his wife is a common murder. In addition, British law also provides that a husband can punish his wife with violence to a certain extent, and even it is a crime to defend a woman who is coerced by her husband. Police and courts are also reluctant to intervene in domestic violence, which they see as a private matter. "The law often fails to punish those who commit extremely serious domestic violence."

To sum up, there are indeed gender distinctions in modern British laws, including provisions that favor women and provisions that are harsh on women. To a large extent, these distinctions are also reflections of mainstream views on women in law.

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