Acknowledgements |
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ix | |
Introduction |
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1 | (4) |
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1 The Problem Illustrated: The Landmark Marital Rape Case of DPP v Morgan and Its Mixed Significance for the Men of Law |
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5 | (19) |
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I Introducing the Men of Legal Influence: The Cast of Characters |
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6 | (1) |
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II The View from the Bench and the Man of Law as Judge: Lord Hailsham of St Marylebone and DPP v Morgan |
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7 | (5) |
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III The Textbook Writer as Husband |
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12 | (4) |
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16 | (1) |
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V The Doctrinal Scholar and Selective Attention: Morgan as the Focus of Discussion About the Mental State of Serious Crime |
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17 | (2) |
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VI The Legal Scholar as Political Philosopher |
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19 | (3) |
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VII Rape as the Acid Test |
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22 | (1) |
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VIII The Developing Argument: Men are Critical to Criminal Law but Very Hard to See |
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23 | (1) |
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2 Introducing the Criminal Legal World of Men: The Importance of Personal Border Control |
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24 | (18) |
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I The Abstracted World of Criminal Law: "There's Nobody Here but Us Persons' |
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24 | (3) |
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II The Human Comes Ready-made: And the Law is Not Responsible for its Persons |
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27 | (2) |
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III Introducing Men and the Male Story of Criminal Law and its World |
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29 | (3) |
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IV The Don't-Touch Rule in the Offences against the Person: Who it is For and What it Presumes about its Persons |
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32 | (3) |
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V The Don't-Touch Person: Men making Men in their Own Image as Self Proprietors |
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35 | (2) |
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VI Questioning the Idea of the Self-Owning and Bordered Man |
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37 | (3) |
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VII Jennifer Nedelsky and the Bounded Self |
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40 | (2) |
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3 Hale, Blackstone and the Character of Men |
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42 | (14) |
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I Sir Matthew Hale (1609--1676) |
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43 | (3) |
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II William Blackstone (1723--1780) |
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46 | (8) |
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III Edward Christian and the Footnote |
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54 | (2) |
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4 JS Mill, Stephen and the Victorian Mentality |
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56 | (20) |
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I Baronet James Fitzjames Stephen (1829--1894) |
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59 | (1) |
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II The Provocateur: John Stuart Mill and the Husband as Critic of Men and Marriage |
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60 | (2) |
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III Stephen's Dissent from Mill |
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62 | (7) |
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69 | (7) |
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5 The Cast of Men: The Bounded Man, the Domestic Monarch and the Sexual Master |
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76 | (15) |
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I The Male Body Politic and the Masterful Man |
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76 | (3) |
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79 | (2) |
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III The Husband as Little Monarch |
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81 | (4) |
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85 | (4) |
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V The Nursery of the Vices |
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89 | (2) |
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6 From Male Supremacy to Sexual Euphemism: Good Men Trapped in their Own Assumptions |
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91 | (20) |
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I The Men of Law Recede from View: The Resort to Euphemism |
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93 | (1) |
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II Glanville Williams (1911--1997) |
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94 | (3) |
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III Norval Morris (1923--2004) |
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97 | (1) |
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IV Rollin M Perkins (1889--1993) |
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97 | (1) |
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V Colin Howard (1928--2011) |
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98 | (1) |
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99 | (2) |
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VII The Mature Glanville Williams Textbook of Criminal Law |
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101 | (2) |
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103 | (2) |
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IX The Attitudes of Ordinary Men and Women of the Time |
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105 | (1) |
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X Reflections on the Men of Law and the Shifting Ground |
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106 | (5) |
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7 The Modernisation of Men, Or Men Assuming Responsibility without Taking Responsibility |
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111 | (17) |
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I The Committees that Modernised Men in the Law of Rape |
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112 | (5) |
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II The Judiciary on (Male) Modernisation: Cherchez la Femme |
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117 | (4) |
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III Assuming Responsibility |
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121 | (1) |
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IV Historical Revisionism and Denial of the Past |
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121 | (4) |
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125 | (3) |
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8 The Invisible Men: Why the Men of Law Cannot See the Men of Law |
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128 | (20) |
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I The Knower and the Known |
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129 | (2) |
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II The Disappearing Expert |
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131 | (1) |
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III Modern Criminal Law Scholars Adopting the Olympian Stance |
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132 | (2) |
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IV The Problems of the Olympian Stance |
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134 | (2) |
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V Fudging the Past and Cognitive Dissonance |
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136 | (2) |
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VI The Closed Community of Thinkers |
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138 | (2) |
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VII Power and Inattention |
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140 | (3) |
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VIII Disqualification of the Naysayers: Excluding Women as Experts and Epistemic Injustice |
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143 | (1) |
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IX Acknowledging the Past: Recognising the Scale of the Problem |
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144 | (4) |
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9 The Modern Individual of Criminal Law |
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148 | (18) |
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I The Abstracted Individual |
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148 | (2) |
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II The Responsible Individual Defendant as Rational Agent and the Disappearing Man |
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150 | (4) |
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III The Critical Legal Moment of Decision-Making |
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154 | (2) |
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IV The Choice of the Choice-Maker: To Rape or Not to Rape, that is the Question |
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156 | (1) |
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V Is this Legal Deconstruction of such an Unpleasant and Unsavoury Decision Implausible? Is this Really How Criminal Lawyers Think? |
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157 | (2) |
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VI The Legal Individual as a Physical Being (Without a Sex) |
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159 | (3) |
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VII And the Deeming of Women |
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162 | (1) |
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VIII Abstraction and the Disappearing Man |
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163 | (3) |
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10 Men, Women and Civil Society: Male Civility in the Twenty-first Century |
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166 | (20) |
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166 | (2) |
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II Recognising the Man Problem in the Special Part of Criminal Law |
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168 | (2) |
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III Recognising the Man Problem in the General Part of Criminal Law |
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170 | (2) |
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IV The Abstraction of the Person and the Problem of Bad (Male) Pedigree |
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172 | (3) |
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V What has Happened to the Bounded Individual, the Little Monarch and the Sexual Master? |
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175 | (2) |
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177 | (2) |
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179 | (1) |
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VIII Studying Men as a Specific Sex and as a Sectional Interest |
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180 | (1) |
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IX Maintaining Moral Coherence and Avoiding Cognitive Dissonance |
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181 | (1) |
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X Willingness to Attack One's Own Convictions |
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182 | (2) |
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XI Going Further: Effecting Fundamental Change; Kuhn and the Paradigm Shift |
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184 | (2) |
Recapitulation |
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186 | (2) |
Bibliography |
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188 | (11) |
Index |
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199 | |