Complicit masculinity of judges

The paper focuses on how unjust provocation reduction, regulated in Article 29 of the Turkish Penal Code, is applied in cases of violence against women, LGBTI, and transgender individuals in Turkey, also known as "masculinity sentence reduction" by feminist lawyers. In particular, I will...

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Main Author: Eylem Ümit Atılgan
Format: Article
Language:English
Published: Oñati International Institute for the Sociology of Law 2024-10-01
Series:Oñati Socio-Legal Series
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Online Access:https://opo.iisj.net/index.php/osls/article/view/2086
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author Eylem Ümit Atılgan
author_facet Eylem Ümit Atılgan
author_sort Eylem Ümit Atılgan
collection DOAJ
description The paper focuses on how unjust provocation reduction, regulated in Article 29 of the Turkish Penal Code, is applied in cases of violence against women, LGBTI, and transgender individuals in Turkey, also known as "masculinity sentence reduction" by feminist lawyers. In particular, I will look into case files in which the "masculinity defence" made by almost all perpetrators in femicide cases is accepted by the court as a justification for reducing the sentence of the perpetrator. I will examine how masculinity is portrayed in judicial decisions, specifically looking at provocation defences to demonstrate how jurisdiction plays a part in perpetuating masculine domination within society. Using theories of masculinity and masculine domination, I will try to reveal the contribution of judges to the "masculine legal culture" as a form of "complicit masculinity".
format Article
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institution Kabale University
issn 2079-5971
language English
publishDate 2024-10-01
publisher Oñati International Institute for the Sociology of Law
record_format Article
series Oñati Socio-Legal Series
spelling doaj-art-e704fa9bfb0d44a39fa23fd6cf3a20e02024-11-25T14:20:20ZengOñati International Institute for the Sociology of LawOñati Socio-Legal Series2079-59712024-10-0114510.35295/osls.iisl.20862887Complicit masculinity of judgesEylem Ümit Atılgan0University of Near East/Kyrenia University The paper focuses on how unjust provocation reduction, regulated in Article 29 of the Turkish Penal Code, is applied in cases of violence against women, LGBTI, and transgender individuals in Turkey, also known as "masculinity sentence reduction" by feminist lawyers. In particular, I will look into case files in which the "masculinity defence" made by almost all perpetrators in femicide cases is accepted by the court as a justification for reducing the sentence of the perpetrator. I will examine how masculinity is portrayed in judicial decisions, specifically looking at provocation defences to demonstrate how jurisdiction plays a part in perpetuating masculine domination within society. Using theories of masculinity and masculine domination, I will try to reveal the contribution of judges to the "masculine legal culture" as a form of "complicit masculinity". https://opo.iisj.net/index.php/osls/article/view/2086Feminist Legal Theoryfemicidemasculinitylegal culturesocio-legal studies
spellingShingle Eylem Ümit Atılgan
Complicit masculinity of judges
Oñati Socio-Legal Series
Feminist Legal Theory
femicide
masculinity
legal culture
socio-legal studies
title Complicit masculinity of judges
title_full Complicit masculinity of judges
title_fullStr Complicit masculinity of judges
title_full_unstemmed Complicit masculinity of judges
title_short Complicit masculinity of judges
title_sort complicit masculinity of judges
topic Feminist Legal Theory
femicide
masculinity
legal culture
socio-legal studies
url https://opo.iisj.net/index.php/osls/article/view/2086
work_keys_str_mv AT eylemumitatılgan complicitmasculinityofjudges