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Chapter

Legal narratives on trial: constructions of sex, blame and culpability and the provocation defence

Chapter

Legal narratives on trial: constructions of sex, blame and culpability and the provocation defence

DOI link for Legal narratives on trial: constructions of sex, blame and culpability and the provocation defence

Legal narratives on trial: constructions of sex, blame and culpability and the provocation defence book

Legal narratives on trial: constructions of sex, blame and culpability and the provocation defence

DOI link for Legal narratives on trial: constructions of sex, blame and culpability and the provocation defence

Legal narratives on trial: constructions of sex, blame and culpability and the provocation defence book

ByDanielle Tyson
BookSex, Culpability and the Defence of Provocation

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Edition 1st Edition
First Published 2012
Imprint Routledge-Cavendish
Pages 32
eBook ISBN 9780203116401

ABSTRACT

This chapter argues that both law and the facts are not simply what lawyers and judges find or discover; rather, that law and facts are constructed and framed in a context. It discusses how various tropes of subjectivity operate to evoke the deceased into narrative possibility. The chapter focuses on a comparison between the court's reading of the deceased's behaviour in the 1989 case of Gardner and the audience's reactions to the character, Melanie, in the film Jackie Brown. It shows that the implications of interpreting the event of murder as the inevitable culmination of the 'love hate' relationship. The chapter suggests how legal counsel exploits the conventions of romance narrative, which establishes the killer in the role of a hero beset by fate and in a tragic tale in which his ordeal is given primacy over that of the victim. The Ecclesiastical tradition 'predictably considered feminine sexuality and lust threats'.

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