Provoking Law Reform: Feminism, Queer Theory and the Legislative Agenda

Claire Charters and Dean R Knight (eds) We, The People(s): Participation in Governance (Victoria University Press and NZCPL, Wellington, 2011) pp 237-257

Victoria University of Wellington Legal Research Paper No. 137

22 Pages Posted: 18 Dec 2014 Last revised: 20 Oct 2016

Date Written: 2011

Abstract

This chapter uses the abolition of the partial defence of provocation as a case study to illustrate the impact (or not) of two particular non-dominant groups in law reform. There is a discussion on the number of elements that need to be present for effective law reform to occur, and a conclusion that a number of these will not usually be present with regard to issues that are identified as significant for feminists or members of the GBLT community. There is also a consideration of the author’s own experience with regard to other lobbying efforts, with a conclusion that hard cases may be required to achieve law reform, especially with regard to concerns identified by non-dominant groups.

Keywords: Partial defence, provocation, non-dominant groups, GBLT community

JEL Classification: K14, K49

Suggested Citation

McDonald, Elisabeth, Provoking Law Reform: Feminism, Queer Theory and the Legislative Agenda (2011). Claire Charters and Dean R Knight (eds) We, The People(s): Participation in Governance (Victoria University Press and NZCPL, Wellington, 2011) pp 237-257, Victoria University of Wellington Legal Research Paper No. 137, Available at SSRN: https://ssrn.com/abstract=2539293

Elisabeth McDonald (Contact Author)

University of Canterbury ( email )

Ilam Road
Christchurch 8140
New Zealand

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