ABSTRACT
Feminist legal scholars argue that voice of law and legal practice is "male", although this voice is construed as representing gender-neutral stance. In this chapter, the author suggests that these voices have been in tension and have defined the domain of morality as it has been constructed in criminal law and applied to those accused and convicted of criminal wrongdoing. She wants to challenge the association of justice reasoning as male or masculine and care reasoning as female or feminine in the context of criminal law and practice. The author outline Gilligan's thesis, give a flavour of its impact on US academy, and offer re-reading germane to her argument. She traces shifts in penal philosophy and current efforts to implement sentencing reform. The author considers problems in outlining a feminist conception of justice, and cautions against naive embrace with an ethic of care.
