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From Merriam-Webster’s Dictionary of Law1, “deadly force” is “force that is intended to cause or that carries a substantial risk of causing death or serious bodily injury”. From Human Rights Watch2 ’03, “Domestic violence includes murder, negligent homicide, justifiable
, kidnapping, rape, forcible sodomy, sexual assault with an object, forcible fondling, robbery, aggravated assault, simple assault or
intimidation, where the victim to offender relationship is based on marriage, family ties, [or] a romantic relationship or a former marriage.” The claim about justice made by the resolution should be examined through the concrete experiences of victims rather than the discourse of abstract academic theory for five reasons: First, concepts of justice are grounded in moral intuitions that refer not to rationalist abstractions but to concrete experiences of right and wrong. Mappes and Zembaty3 write: “The adequacy or inadequacy of a moral theory cannot be determined by inspecting the principles which constitute it. Instead, rational assessment requires an on-going process in which general principles are revised and refined through confrontation with the rich complexity of our considered judgements about particular cases, while our judgments about particular cases are gradually structured and modified by our provisional acceptance of general principles. Since our considered judgements about particular cases may often be more sensitive and sure than our assessments of abstract principles, careful attention to accurately described, concrete moral situations is essential for theorizing about justice.” The most accurate descriptions of domestic violence come from those who experience it first-hand, since attempts to describe the position of battered women from outside inevitably do injustice to their experiences.
Merriam-Webster’s Dictionary of Law, 1993 Human Rights Watch, 2003, online, http://www.hrw.org/reports/2003/nepal0903/3.htm 3 Thomas A. Mappes and Jane S. Zembaty, Biomedical Ethics, 1991
0.jfw. Random House4 defines the indefinite article “a” as “any. based on the Random House Unabridged Dictionary. Third. 1995. Attempts to generalize the experiences of victims require greater attention to the details of dozens of individual experiences than the time limits of debate allow. Who we invest with the ‘expertise’ of possessing knowledge about sexual violence has implications beyond individual cases. variable and frequently realistic responses into a symptomatology. The aff has the right to set ground for debate to facilitate AC argumentation and compensate for time skew. Since the text of the topic is the only basis for research and pre-round prep. online.com Unabridged (v 1. “Battered Women’s Syndrome: Help or Hinderance?”. but simply recognizes the inevitability of these limits.com 5 Justice for Women. [or] a single”. www.org. and to be supported in doing so by women who have devoted much of their lives to challenging men’s violence—is increasingly being usurped by professionals who see the individual once or twice to ‘assess’ them. http://www. Fourth. so this contextualization should occur in the AC.uk/BWS. perpetuating and adding social sanction to their oppression. the round is most educationally meaningful when we focus on the experiences of particular victims. Thus.” 4 Dictionary. The space feminists have fought for—to enable women and children to tell their own stories. Justice for Women5 in ’95: “Syndromes and disorders medicalise and universalise women and children's experiences. We are in danger of ending up with a ‘sick/sick model’ in the legal processing of domestic homicide where the violent men are sick and the abused women crazy.Second. online.HTM . transforming complex. Focusing on particular instances of abuse does not deny or denigrate other forms of abuse. my textual burden is not to justify deadly force for all victims of abuse but to show that it can be circumstantially justified for at least one victim. Thus. 2006.dictionary. the complexity of the phenomenon of domestic violence means that any attempt to discuss it substantively in a 45-minute debate round requires massive contextualization. meeting this textual burden is sufficient to affirm.1). analysis from academic “experts” making generalized claims about domestic violence deny legitimacy to the experiences of victims.
he was seven years older than I. because I was afraid someone would see us. I ended up getting pregnant. We had three children. I was attracted to him. it started out one day. I was very shy. apologizing. “Subversive Stories and Hegemonic Tales: Towards a Sociology of Narrative. I eventually gave in. he didn't want to drive. He was attracted to me. It is argued that narratives have the capacity to reveal truths about the social world that are flattened or silenced by an insistence on more traditional methods of social science and legal scholarship. Sibley. And I didn't scream and I didn't cry out for help because I was ashamed of what these people would think of me if I said something. We had been at a friend's house. and he charmed me. He was charming. so we stayed there. no. it is argued. or action outside of the narratives that constitute them. He then came to my house and told my parents that he had 6 Patricia Ewick and Susan S. Ewick and Sibley6 write: “The first is epistemological. According to this view. White 1987). No. They're three years apart. narrative is not just a form that is imposed upon social life (Sommers 1992). he slapped me and he forced sex on me. He decided he wanted to have sex with me that night. is to distort through abstraction and decontextualization. And I was married to him for ten years. consciousness. I started seeing him again. He was the first guy that ever paid attention to me.Fifth. the AC will affirm through the narrative of Brenda Aris. 29. pp. who was convicted of second-degree murder for killing her abusive husband and sentenced to seventeen years to life in prison: I was 16 when I met my husband. before we got married that he abused me. he was drunk. He started coming over to my house. social identities and social action. we were going to stay overnight. experiences. I then got pregnant by him and I married him. It would never happen again and he really wanted to continue to see me. are storied. 197-226 . telling me it wasn't his fault. and he didn't know what he was doing. I didn't for a while. indeed all aspects of the social world. listening to stories is more epistemologically sound than traditional “claim-warrantimpact” forms of debate in that it highlights aspects of social reality methodologically overlooked by academic argumentation. Mishler 1986. I wasn't very cute. I fell in love with him.” Thus. And he wanted me to marry him and something told me no. he had been drinking.” Law & Society Review. Vol. He insisted. And during our marriage. depriving events and persons of meaning (Barthes 1966. on their living room floor and I told him. 2 (1995). it is constitutive of that which it represents. The next day. I then. Consequently. To attempt to examine lives. I told myself I would never see this guy again. Bruner 1986. Polkinghorne 1988. rather.
And I never wanted to be responsible for him hurting someone else. we had been living. my mother took me aside and said. Mommy. trying to help me. banging down the bedroom door. He was upset that I had. would say. when. he'd lock the room. you know. Do you want me to go into the night it happened? The night that it happened. The kids would get to the point. We had no phone and the events occurred everyday. how would you like to grow up without a father. can I talk to Brenda? And he says. they didn't want to set him off and they went through this with me. He kept saying. I then had to use the restroom and when I got up to use the restroom he came in. you know. He was very angry with me that night. . He thought we were laughing at him. he said. could you hurry up? We don't want Daddy to be mad. to say that. he refused to fix it because he wanted to keep me from family and friends. I didn't want them to see. And for a child. Mind you our room. I'll marry him. this night. when I'm through with her. And so. can I help you? Can we get you out of here? And I said. Not on the inside. I then just said. the bathroom door. and so he was. he told me to go to my room and stay there until he tells me to come out. I didn't want to cause a scene. pushing me and yelling at me.gotten me pregnant and that he wanted to do the right thing and marry but I did not want to marry him. He backhanded me to the ground and told me to go to my room and stay there. it's actually a garage. he told me to go in there and stay there. We then had to move into a garage. He just had to do that one time and I. not out of love. And he was very upset with me because I was unable to provide him with drugs that everyone else was getting high and he wasn't. I went and I stayed in the room. and I just begged him. And he locked. She continues. And I didn't want to get anyone else involved because I. He was on speed. It consists of a padlock on the outside of the bedroom door. Um. what would that be like for you? And that's all she had to tell me. that's when I took him back out of fear. I was laughing with some friends and talking and he called me over. paranoid. Someone finally banged on the bathroom door and said. please. you know. okay. the kids had to walk on eggshells with me. you know. describing the night she killed her husband: Before the incident happened. My car broke down. So. whenever you want me to go there. when the person we lived with would come home from work. I stayed there for a while. the grocery store and the kids. with someone else in their home and he was having a party that evening and people were drunk and getting high. he's had it with me. He had been on drugs. she says. don't ever lock that again. I knew of his temper and he would hurt people. the names he was calling me. hitting me. where we would walk to the store. It was a horrifying feeling to be locked in there. I had lost my apartment because he would use my money for drugs. They didn't want to disrupt him. He was upset with me. no bitch is ever going to laugh at me and get away with it. He then finally let me out and at that point. you know. he had me totally isolated. like I said. I didn't want people to see what he was doing to me. He then persisted on kicking me. At that time. tell me to go there but. like. in the market. My parents then told me. because I had left the bedroom. he will not let you take me.
they didn't even pay attention to me when I was getting beat in that room. narratives are micro-politically liberatory since they allow oppressed groups to participate in social discourse. concern underlying narrative studies. Vol. 29. And so she then took my oldest daughter with her. He then came back into the room and started beating me and started calling me names and telling me he's totally had it with me. But. could you take her with you? This isn't over. if not the central. I thought he was faking. “Subversive Stories and Hegemonic Tales: Towards a Sociology of Narrative. over and over. there are five pre-fiat advantages to the AC’s introduction of Brenda’s narrative into the round: First. you affirm the resolution on the basis of Brenda’s story as a justification for her use of deadly force. 2 (1995). and present materials about human experiences that preserve this voice of the subject’ (Bell 1991:245. Ewick and Sibley7 write: “A second and related claim made for narrative scholarship is overtly political. I don't yell out because I'm afraid someone will come help me and that person will get hurt. No. I was actually screaming that night. Daniel Solorzano and Tara Yosso write: “Storytelling is both a method of telling the story of those whose 7 Patricia Ewick and Susan S. Second. narrative scholarship participates in rewriting social life in [liberatory] ways that are. I then went back to the room and stayed them. with the party. reading the narrative in round serves to micro-politically empower battered women like Brenda Aris.” Thus. And the party was still going on but nobody was paying attention to me. And then I finally got up to get some ice for my face. I then just asked the person. or can be. And I went out to my kitchen. I thought he was breaking my neck.. he didn't think he would let me live. liberatory . Nobody heard me screaming. I was actually yelling out because he was pulling my hair so hard. interpret.. Some scholars contend that narratives have significant subversive or transformative potential. this night. He continued to go out and drink with the. He just kept. It was something in his eyes that night. pp. And I honestly believed him. the reading of the narrative provides five unique advantages.” Law & Society Review. it was hurting. by refusing the flattening and distorting effects of traditional logico-scientific methods and dissertative modes of representation.is to give voice to the subject: to collect. waiting for me to get up and leave again so he can jump on me and I waited there for a little while. But further. Sibley.So. Usually. He's not done with me. 197-226 . and that he didn't think he was going to let me live 'til morning. Thus. ‘A central. my oldest daughter is still awake. And he then passed out. see Rollins 1995). By allowing the silenced to speak.
examining the stories of victims is key to undermining stereotypes that contribute to victimization and prevent us from meaningfully understanding and solving for domestic violence.e. one can construct another world that is richer than either the story or reality alone. Abstraction is also the means by which individuals formulate stereotype. in the context of domestic violence. Society uses stereotype as a tool for controlling the relative status of groups. One means of disestablishing stereotype is also by providing context and disconfirming information. A. [O]ppressed groups have known instinctively that stories are an essential tool to their own survival and liberation. Fenton (Assistant Professor of Law. Part II explores the nature and formation of stereotype and how social power drives the formation and perpetuation of stereotype. such as victims of domestic abuse. and of individuals. and (5) they provide a context to understand and transform established belief systems. Harvard Law School. (2) they challenge the perceived wisdom of those at society’s center. J. by combining elements from both the story and the current reality. Columbia Journal of Gender & Law (8 Colum..” 1998. 1993). encouraging narrative argumentation makes furthers the pedagogical goals of debate and improves it as a forum for social criticism. Examining the reality of women's experiences has been the means by which feminists have tried to alter[s] the abstraction upon which the law is based. (3) they open new windows into the reality of those at the margins of society by showing the possibilities beyond the ones they live and that they are not alone in their position.experiences have not been told (i. Princeton University. Third. and 8 Zanita E. feminists strive to use context to evaluate justice.” Thus. Zanita Fenton8 writes: “Third.. 1990. rather than merely to provide more abstraction and theory. 1) . Stories serve five pedagogical functions: (1) they build community among the margins of society. J. Gender & L. Stereotypes of race and/or gender depend upon and reinforce each other.B. “Domestic Violence in Black and White: Racialized Gender Stereotypes in Gender Violence. such as African Americans and women. those on the margins of society) and a tool for analyzing and challenging the stories of those in power and whose story is a natural part of the dominant discourse. (4) they teach others that.D. Wayne State University Law School.
Finally. performative contradiction is crucial to the continuing revision and elaboration of historical standards of universality proper to the futural movement of democracy. Jessica Kulynych explains. narrative debate forces us to rejustify concepts of affirmation and topicality in order to redefine exclusionary universals. performance cases micropolitcally solve for this exclusion by challenging dominant forms of argumentation.” Thus. The universal begins to become articulated precisely through challenges to its existing formulation and this challenge emerges from those who are not covered by it who demand that the universal ought to be inclusive of them. and to constitute[s] a challenge to those existing standards to become more expansive and inclusive. serves to expose the limitations of our current assumptions about the nature of debate and they ways in which those assumptions are potentially exclusionary. the AC’s demand for the inclusion of Brenda Aris’s narrative in debate. Fourth. Being able to utter the performative contradiction is hardly a self defeating enterprise. condition the environment. “Only the act of resistance provides any meaningful sense of “citizenship” in the privatized contemporary world… Resistance… [is a] .serve as justifications for the perpetuation of violence. but it constitutes one way to expose[s] the limits of current notions of universality.” Thus. In addition. Fifth. on the contrary. the narrative serves to undermine stereotypes about victims of domestic abuse and thus to mobilize social action to solve the problem. even if ultimately misguided. both within the home and in society. sex and sexuality are integral to the power dynamic enabling the formation of these stereotypes. also dependent upon race and gender stereotypes. the stereotypes associated with domestic violence and victimhood. for the acceptance of physical violence. Judith Butler notes: “Consider [When] subjects who have been excluded from the exclusionary definition of the universal seize the language of enfranchisement and set into motion a ‘performative contradiction’ claiming to be covered by that universal. This kind of speech appears at first to be impossible or contradictory.
and thus allows us to see the world of political action differently. enables innovation in deliberation. enables action in the face of power.successor concept to… [the] notion of political action: where the space for action is usurped. we are able to challenge exclusionary trends and provide inclusion to voices silenced both in and out of the community. By including the narrative voice in the debate community.” Affirming the narrative completes the act of resistance by accepting the narrative as a legitimate form of argumentation. resistance becomes the primary vehicle of spontaneity and agonistic subjectivity. [Individual] resistance recognizes disciplinary power. where action in the strict sense is no longer possible. This precludes other impacts in the round since it’s the only impact that matters outside of the round. . Arguments in debate are included and excluded based on their ability to pick up ballots. opening debate up to the voices of those at the bottom of society.