Book Review: Decriminalizing Domestic Violence: A Balanced Policy Approach to Intimate Partner Violence
| DOI | 10.1177/0964663919897775 |
| Published date | 01 June 2020 |
| Author | Jenny Korkodeilou |
| Date | 01 June 2020 |
| Subject Matter | Book Reviews |
States Parties undertake to adopt measures, both internally and through international cooper-
ation, especially those of an economic and technical nature, with a view to achieving progres-
sively, by legislation or other appropriate means, the full realization of the rights implicit in the
economic, social, educational, scientific, and cultural standards set forth in the Charter of the
Organization of American States as amended by the Protocol of Buenos Aires.”
2. Article 29. “Restrictions Regarding Interpretation. No provision of this Convention shall be
interpreted as: ( ...) d. excluding or limiting the effect that the American Declaration of the
Rights and Duties of Man and other international acts of the same nature may have.” This
jurisprudential practice has been under scrutiny by several scholars, such as Neuman (2008).
3. Huneeus (2016).
4. In another work, I develop three critiques against Ius Constitutionale Commune in Latin
American (ICCAL): first, it does not provide an adequate account of Latin American legal
scholarship; moreover, it seems that the adjective “transformative” endorsed by ICCAL con-
stitutes the outcome of more independent and assertive courts, without considering the many
cases in which “things have gone wrong”; and, lastly, although ICCAL endorses a legally
driven project of social transformation, there are almost no clues as to the precise roles law
and legal discourses must play in that transformation toward the promotion of the rule of law,
human rights, and democracy. “Mapping Public La w: a critical account of Ius Co mmune
Constitutionale in Latin America” (forthcoming).
5. Landau (2014); Issacharoff (2018).
6. Atria (2015).
References
Atria F (2015) Social rights, social contract, socialism. Social & Legal Studies 24(4): 598–613.
Huneeus A (2016) Constitutional lawyers and the Inter-American Court’s Varied Authority. Law
and Contemporary Problems 79: 179–207.
Issacharoff S (1 December 2018) Judicial review in troubled times: Stabilizi ng democracy in
a second best world. Pub lic Law & Legal Theory Res earch Paper Series Wor king Paper
No. 18-51.
Landau D (2014) A dynamic theory of judicial role. Boston College Law Review 55(5): 1501.
Neuman G (2008) Import, export, and regional consent in the Inter-American Court of Human
Rights. The European Journal of International Law 19(1): 101–123.
LEIGH GOODMARK, Decriminalizing Domestic Violence: A Balanced Policy Approach to Intimate
Partner Violence. Oakland, California: University of California Press, 2018, pp. 204. ISBN
9780520295575, $85.00 (hbk).
‘For me politically, it was also about understanding that the systems that battered women
have to turn to oftentimes are just as oppressive as the abuser himself’. This quote taken
by an interview a domestic violence survivor and advocate, Kit Gruelle, gave to the
Guardian newspaper (Kasperkevic, 2014) neatly captures and echoes the key thesis
Leigh Goodmark stresses throughout her book: the criminal justice system is not
Book Reviews 451
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