#MeToo? Legal Discourse and Everyday Responses to Sexual Violence
Legal consciousness scholars identify the ways in which law is referenced to authorize, define and evaluate behaviors and choices that occur far outside any formal legal framework. They define legality as the “meanings, sources of authority, and cultural practices that are commonly recogni...
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Format: | Article |
Language: | English |
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MDPI AG
2018-05-01
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Series: | Laws |
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Online Access: | http://www.mdpi.com/2075-471X/7/2/21 |
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author | Alison Gash Ryan Harding |
author_facet | Alison Gash Ryan Harding |
author_sort | Alison Gash |
collection | DOAJ |
description | Legal consciousness scholars identify the ways in which law is referenced to authorize, define and evaluate behaviors and choices that occur far outside any formal legal framework. They define legality as the “meanings, sources of authority, and cultural practices that are commonly recognized as legal, regardless of who employs them or for what ends.” We use the idea of legality to argue that, in matters of sexual assault and rape, the limits of the law extend beyond the courtroom. Rather than simply influencing or guiding only those who are willing to consult the law in their efforts to seek justice, laws and legal discourse have the potential to frame and constrain any attempt to discuss experiences of sexual violence. #MeToo and other forms of “consciousness-raising” for sexual violence highlight the limiting effects of law and legal discourse on public discussion of sexual violence. We find that, paradoxically, in the case of sexual violence law has the capacity to undermine the goals and benefits of consciousness-raising approaches, privatizing the experience of sexual assault and silencing its victims. |
first_indexed | 2024-04-12T19:37:44Z |
format | Article |
id | doaj.art-699c39a9c6c34a3eba1e1944b2fbf1f8 |
institution | Directory Open Access Journal |
issn | 2075-471X |
language | English |
last_indexed | 2024-04-12T19:37:44Z |
publishDate | 2018-05-01 |
publisher | MDPI AG |
record_format | Article |
series | Laws |
spelling | doaj.art-699c39a9c6c34a3eba1e1944b2fbf1f82022-12-22T03:19:10ZengMDPI AGLaws2075-471X2018-05-01722110.3390/laws7020021laws7020021#MeToo? Legal Discourse and Everyday Responses to Sexual ViolenceAlison Gash0Ryan Harding1Department of Political Science, University of Oregon, Eugene, OR 97403, USADepartment of Political Science, University of Oregon, Eugene, OR 97403, USALegal consciousness scholars identify the ways in which law is referenced to authorize, define and evaluate behaviors and choices that occur far outside any formal legal framework. They define legality as the “meanings, sources of authority, and cultural practices that are commonly recognized as legal, regardless of who employs them or for what ends.” We use the idea of legality to argue that, in matters of sexual assault and rape, the limits of the law extend beyond the courtroom. Rather than simply influencing or guiding only those who are willing to consult the law in their efforts to seek justice, laws and legal discourse have the potential to frame and constrain any attempt to discuss experiences of sexual violence. #MeToo and other forms of “consciousness-raising” for sexual violence highlight the limiting effects of law and legal discourse on public discussion of sexual violence. We find that, paradoxically, in the case of sexual violence law has the capacity to undermine the goals and benefits of consciousness-raising approaches, privatizing the experience of sexual assault and silencing its victims.http://www.mdpi.com/2075-471X/7/2/21legalityrapesexual assaultsexual violence#MeToolawlegal consciousnessconsciousness-raising |
spellingShingle | Alison Gash Ryan Harding #MeToo? Legal Discourse and Everyday Responses to Sexual Violence Laws legality rape sexual assault sexual violence #MeToo law legal consciousness consciousness-raising |
title | #MeToo? Legal Discourse and Everyday Responses to Sexual Violence |
title_full | #MeToo? Legal Discourse and Everyday Responses to Sexual Violence |
title_fullStr | #MeToo? Legal Discourse and Everyday Responses to Sexual Violence |
title_full_unstemmed | #MeToo? Legal Discourse and Everyday Responses to Sexual Violence |
title_short | #MeToo? Legal Discourse and Everyday Responses to Sexual Violence |
title_sort | metoo legal discourse and everyday responses to sexual violence |
topic | legality rape sexual assault sexual violence #MeToo law legal consciousness consciousness-raising |
url | http://www.mdpi.com/2075-471X/7/2/21 |
work_keys_str_mv | AT alisongash metoolegaldiscourseandeverydayresponsestosexualviolence AT ryanharding metoolegaldiscourseandeverydayresponsestosexualviolence |