NCJ Number
117268
Journal
International Journal of the Sociology of Law Volume: 17 Issue: 1 Dated: (February 1989) Pages: 1-18
Date Published
1989
Length
18 pages
Annotation
This essay analyzes how the 'logic of justice' and 'ethic of care,' which Carol Gilligan associates with the male and female 'voices,' respectively, apply to ideologies and practices in the United States and other criminal justice systems.
Abstract
Gilligan reasons that the male-dominated criminal justice system views moral problems as rooted in inequality, which are resolved through justice reasoning pertaining to individual rights, autonomy, and impartiality. The female perspective, on the other hand, views detachment and objectivity in justice as the moral problem and favors the values of care, responsibility, and connection in resolving moral dilemmas. This essay challenges the gender-linked association of these contrasting criminal justice philosophies. Not only is such a link inaccurate, according to the author, but it implies that the criminal justice system will be more effective under feminine leadership and the administration of an ethic of care. In contrast to Gilligan's focus on an ethic of care for either female or male defendents, the feminist critiques of criminal law and justice have focused on women victims. Feminist scholarship offers little in promoting an ethic of care for men and women accused of crime. 6 notes, 61 references.