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Everyday Harm: Domestic Violence, Court Rites, and Cultures of Reconciliation. By Mindie Lazarus‐Black
Author(s) -
Guzik Keith
Publication year - 2008
Publication title -
law and society review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.867
H-Index - 74
eISSN - 1540-5893
pISSN - 0023-9216
DOI - 10.1111/j.1540-5893.2008.00347_1.x
Subject(s) - harm , citation , law , sociology , criminology , political science
Everyday Harm: Domestic Violence, Court Rites, and Cultures of Reconciliation. By Mindie Lazarus-Black. Urbana: Univ. of Illinois Press, 2007. Pp. xii+244. $22.00 paper. Everyday Harm: Domestic Violence, Court Rites, and Cultures of Reconciliation explores the impact of Trinidad and Tobago's 1991 Domestic Violence Act (p. 23), the first legislation in the English-speaking Caribbean giving domestic violence victims the right to petition courts for orders of protection against their abusers. The subject matter, if seemingly esoteric, is vital. Relatively little sociolegal research has studied the globalization of domestic violence law, one of the most striking legal phenomena of recent decades. Conceptualizing law as power-laden events and processes, author Lazarus-Black aims to answer four key questions in this work: (1) Why and when do lawmakers create domestic violence law? (2) Why does such legislation usually produce few substantive outcomes for victims? (3) What does domestic violence law mean for women's empowerment? (4) How does culture influence the law? Lazarus-Black investigates these questions through an ambitious research design combining quantitative and qualitative methods. She collected the records of all 1,463 protection order hearings that occurred in a magistrate's court in "Pelau" over a two-year period (from January 1997 to December 1998). Over the course of three field visits to this town of some 15,000 residents, she conducted more than 100 interviews with legal professionals, litigants, and other community members regarding their views of the domestic violence law and experiences with protection order cases. On the basis of this rich data, Everyday Harm accomplishes most of what it sets out to do. Chapter 1 considers the postcolonial history of Trinidad and Tobago to explain how the country's adoption of domestic violence legislation depended on different historical factors: a national embrace of modernist ideology; the expansion of public education, especially for women; relative economic prosperity that allowed residents to travel internationally and access global media; and feminist political activism. In Chapter 2, Lazarus-Black, together with Patricia McCall, provides a quantitative analysis of protection order applications in Pelau and finds much of what past research on this topic has discovered. Courts see a high number of applications from women lodging complaints against men (more than 80 percent of all applications). Most of these (more than 77 percent) are dismissed or withdrawn, resulting in few actual orders being issued (fewer than 4 percent). Interestingly, however, and evidencing the way in which domestic violence law is localized, 19 percent of cases are adjudicated through "undertakings," a unique provision of the Domestic Violence Act that "allows a person accused of domestic violence for the first time to sign an affidavit promising not to engage in the activities for which he or she is being charged" (p. …