Critical Criminology - Feminist Theories

Feminist Theories

Feminism in criminology is more than the mere insertion of women into masculine perspectives of crime and criminal justice, for this would suggest that conventional criminology was positively gendered in favour of the masculine. Feminists contend that previous perspectives are un-gendered and as such ignore the gendered experiences of women. Feminist theorists are engaged in a project to bring a gendered dimension to criminological theory. They are also engaged in a project to bring to criminological theory insights to be gained from an understanding of taking a particular standpoint, that is, the use of knowledge gained through methods designed to reveal the experience of the real lives of women.

The primary claim of feminists is that social science in general and criminology in particular represents a male perspective upon the world in that it focuses largely upon the crimes of men against men. Moreover, arguably the most significant criminological fact of all, namely that women commit significantly less crime than men, is hardly engaged with either descriptively or explanatory in the literature. In other words, it is assumed that explanatory models developed to explain male crime are taken to be generalizable to women in the face of the extraordinary evidence to the contrary. The conclusion that must be drawn is that not only can those theories not be generalized to women, but that that failure might suggest they may not explain adequately male crime either (Edwards 1989, Messerschmidt 1993, Caulfield and Wonders 1994)

A second aspect of feminist critique centers upon the notion that even where women have become criminologists, they have adopted ‘malestream’ modes of research and understanding, that is they have joined and been assimilated into the modes of working of the masculine paradigm, rendering it simultaneously gender blind and biased (Menzies & Chunn 1991). However, as Menzies and Chunn argue, it is not adequate merely to ‘insert’ women into ‘malestream’ criminology, it is necessary to develop a criminology from the standpoint of women. At first glance this may appear to be gender biased against the needs and views of men. However, this claim is based on a position developed by Nancy Hartsock known as standpoint feminism. Based on the work of Marx, Hartsock suggests that the view of the world from womanhood is a ‘truer’ vision than that from the viewpoint of man. According to Marx (Marx 1964, Lucacs 1971) privilege blinds people to the realities of the world meaning that the powerless have a clearer view of the world – the poor see the wealth of the rich and their own poverty, whilst the rich are inured, shielded from, or in denial about the sufferings of the poor. Hartsock (1983 & 1999) argues that women are in precisely the same position as Marx’s poor. From their position of powerlessness they are more capable of revealing the truth about the world than any ‘malestream’ paradigm ever can. Thus there are two key strands in feminist criminological thought; that criminology can be made gender aware and thus gender neutral; or that that criminology must be gender positive and adopt standpoint feminism.

Cutting across these two distinctions, feminists can be placed largely into four main groupings: liberal, radical, Marxist, and socialist (Jaggar 1983). Liberal feminists are concerned with discrimination on the grounds of gender and its prevalence in society and seek to end such discrimination. Such ends are sought through engagement with existing structures such as governments and legal frameworks, rather than by challenging modes of gender construction or hegemonic patriarchy (Hoffman Bustamante 1973, Adler 1975, Simon 1975, Edwards 1990). Thus liberal feminists are more or less content to work within the system to change it from within using its existing structures.

Critical feminists – radical feminists, Marxists, and socialists – are keen to stress the need to dispense with masculine systems and structures. Radical feminists see the roots of female oppression in patriarchy, perceiving its perpetrators as primarily aggressive in both private and public spheres, violently dominating women by control of their sexuality through pornography, rape (Brownmiller 1975), and other forms of sexual violence, thus imposing upon them masculine definitions of womanhood and women’s roles, particularly in the family. Marxist feminists, (Rafter & Natalizia 1981, MacKinnon 1982 & 1983) however, hold that such patriarchal structures are emergent from the class producing inequalities inherent in capitalist means of production. The production of surplus value requires that the man who works in the capitalist’s factory, pit, or office, requires a secondary, unpaid worker – the woman – to keep him fit for his labours, by providing the benefits of a home – food, keeping house, raising his children, and other comforts of family. Thus, merely in order to be fit to sell his labour, the proletarian man needs to ‘keep’ a support worker with the already meagre proceeds of his labour. Hence women are left with virtually no economic resources and are thus seen to exist within an economic trap that is an inevitable outcome of capitalist production. Socialist feminists attempt to steer a path between the radical and the Marxist views, identifying capitalist patriarchy as the source of women’s oppression (Danner 1991). Such theorists (Eisenstein 1979, Hartmann 1979 & 1981, Messerschmidt 1986, Currie 1989) accept that a patriarchal society constrains women’s roles and their view of themselves but that this patriarchy is the result not of male aggression but of the mode of capitalist production. Thus neither capitalist production nor patriarchy is privileged in the production of women’s oppression, powerlessness, and economic marginalization. Socialist feminists believe that gender based oppression can only be overcome by creating a non-patriarchal, non-capitalist society, and that attempting merely to modify the status quo from within perpetuates the very system that generates inequalities.

Of significant importance in understanding the positions of most of the feminists above is that gender is taken to be a social construct. That is, the differences between men and women are not by and large biological (essentialism) but are insociated from an early age and are defined by existing patriarchal categories of womanhood. In the face of this pacifying or passive image of women, feminist criminologists wish to generate a discursive and real (extended) space within which expressions of women’s own views of their identity and womanhood may emerge.

There are many forms of criticism leveled at feminist criminology, some ‘facile’ (Gelsthorpe 1997) such as those of Bottomley & Pease (1986), or Walker (1987) who suggest that feminist thinking is irrelevant to criminology. A major strand of criticism is leveled at what it is argued is its ethnocentrism (Rice 1990, Mama 1989, Ahluwalia 1991), that is, that in its silence on the experience of black women it is as biased as male criminology in its ignorance of the experience of women. Criminology, claim these writers, is sexist and racist and that both errors need to be corrected. A significant number of criticisms are leveled at feminist criminology by Pat Carlen in an important paper from 1992 (Carlen 1992). Among Carlen’s criticisms is that of an apparent inability of feminist criminology to reconcile theoretical insight with political reality, exhibiting a ‘theoreticist, libertarian, separatist and gender-centric tendenc’. She suggests that this libertarianism reflects itself in a belief that crime reduction policies can be achieved without some form of ‘social engineering’. Further criticizing feminism's libertarian streak, Carlen suggests that feminists injunction to allow women to speak for themselves reveals a separatist tendency, arguing that what feminists call for is merely good social science and should be extended to let all classes of humans speak for themselves. This separatism, claims Carlen, further manifests itself in a refusal to accept developments in mainstream criminology branding them ‘malestream’ or in other pejorative terms. Perhaps the most damning criticism of feminism and of certain stripes of radical feminism in particular is that, in some aspects of western societies, it has itself become the dominant interest group with powers to criminalize masculinity (see Nathanson & Young 2001).