Citation

Portwood SG, Heany JF. Int. J. Law Psychiatry 2007; 30(3): 237-247.

Affiliation

University of North Carolina at Charlotte, Institute for Social Capital, 9201 University City Blvd., CARC 309, Charlotte, NC 28223, United States.

Copyright

(Copyright © 2007, Elsevier Publishing)

DOI

10.1016/j.ijlp.2007.03.007

PMID

17445896

Abstract

Violence against women represents a serious problem in America. Not only does intimate partner violence represent a significant threat to women, but it also counts among its victims, children living in the violent household. By its very nature, intimate partner or domestic violence may be approached as either a legal or a social problem. However, there is a shortage of legal approaches that have been informed by sound social science research. One promising framework for developing such integrated responses to intimate partner violence is therapeutic jurisprudence, which encourages legal professionals to work closely with social scientists to develop system responses based on empirical data. Such an approach contrasts sharply with the current practice of developing law based on assumptions, which frequently reflect traditional paternalistic and sexist attitudes toward women. This paper begins by examining the current theories and scientific knowledge on domestic violence with particular emphasis on the supporting data. A theoretical framework for conceptualizing domestic violence characterized as patriarchal terrorism as distinct from common couple violence is examined and offered as a means of explaining inconsistencies in research findings. Following a review of current legal responses to domestic violence, the paper concludes by outlining alternative strategies and recommendations for future efforts that are supported by current theory and research.

Language: en