Search results for: duress

Authors: Amy Elkington

Abstract:

Women in abusive relationships who commit crimes under duress are unfairly treated by the English legal system. Despite the offence of Coercive Control being introduced in 2015 that recognises that a woman’s autonomy has been eroded, coercion is no longer a defence to women who feel compelled to act due to their partner’s behavior or abuse. This problem is intensified by the fact that women in abusive relationships are more likely to commit crimes to ensure their survival. Furthermore, the very fact that they are ‘associating’ with their abusive partners means that they are excluded from pleading a defence of duress. Women who kill their abusers may be able to reduce their conviction from murder to manslaughter, but this depends on successfully pleading either loss of control or diminished responsibility, both not without their issues, but this does not provide a defence where a lesser crime is committed. Self-defence is also widely unavailable to either murder or non-fatal offences, as the amount of force used is often deemed disproportionate because women are more likely to use weapons in their defence. Regardless, this would not provide a defence where the crime committed is one such as theft. An alternative that has been proposed would be to introduce a new defence that would work similarly to the exemption to prosecution afforded to those who are trafficked that commit crime under duress. Despite having support in the Lords in March 2021, this recommendation has been rejected by the Government on the basis that it would not achieve an appropriate balance of justice. The result is that abused women who commit crime are left without an appropriate defence. A doctrinal approach highlights the injustices in these types of cases and concludes that it is time for the current law of duress to change.

Keywords: coercive control, crime, defences, duress

Procedia PDF Downloads 161

Authors: Visvaganthie Moodley

Abstract:

Language use and aesthetic appreciation are integral to meaning-making in prose, as they are in poetry. However, in comparison to poetic analysis, a literary analysis of prose that focuses on linguistics and stylistics is somewhat scarce as it generally requires the study of lengthy texts. Nevertheless, the effect of linguistic and stylistic features in prose as conscious design by authors for creating specific effects and conveying preconceived messages is drawing increasing attention of linguists and literary experts. A close examination of language use in prose can, among a host of literary purposes, convey emotive and cognitive values and contribute to making interpretations about how fictional characters are represented to the imaginative reader. This paper provides a literary analysis of Yann Martel’s narrative of a 14-year-old Indian boy, Pi, who had survived the wreck of a Japanese cargo ship, by focusing on his 227-day journey of tribulations, along with a Bengal tiger, on a lifeboat. The study favours a pluralistic approach blending literary criticism, linguistic analysis and stylistic description. It adopts Leech and Short’s (2007) broad framework of linguistic and stylistic categories (lexical categories, grammatical categories, figures of speech etc. [sic] and context and cohesion) as well as a range of other relevant linguistic phenomena to show how the narrator, Pi, and the author influence the reader’s interpretations of Pi’s character. Such interpretations are made using the lens of Freud’s psychoanalytical theory (which focuses on the interplay of the instinctual id, the ego and the moralistic superego) and Blake’s philosophy of innocence and experience (the two contrary states of the human soul). The paper traces Pi’s transformation from animal-loving, God-fearing vegetarian to brutal animal slayer and cannibal in his journey of survival. By a close examination of the linguistic and stylistic features of the narrative, it argues that, despite evidence of butchery and cannibalism, Pi’s gruesome behaviour is motivated by extreme physiological and psychological duress and not intentional malice. Finally, the paper concludes that the voice of the narrator, Pi, and that of the author, Martel, act as powerful persuasive agents in influencing the reader to respond with a sincere flow of sympathy for Pi and judge him as having retained his innocence in his instinctual need for survival.

Keywords: foregrounding, innocence and experience, lexis, literary analysis, psychoanalytical lens, style

Procedia PDF Downloads 127