Internationally renowned professor visits Queen's Law as a Stuart and Gretchen Ryan Visitor

Photo by Greg Black

Professor Joshua Dressler of Ohio State University presents a talk entitled "Critical Reflections on Feminist Law Reform Proposals" in Macdonald Hall on March 16, 2009.

Professor Joshua Dressler of Ohio State University was the third guest speaker of the Stuart and Gretchen Ryan Visitorship at Queen's Law.  On March 16, 2009, Dressler, who holds the Frank R. Strong Chair in Law, presented a talk entitled "Critical Reflections on Feminist Law Reform Proposals."

Named in honour of one of Queen's Law's founding members, the late Professor H.R. Stuart Ryan, and his wife, the Ryan Visitorship enables the school to host a lecture by a practitioner, jurist or academic who has made a substantial contribution to the field of criminal law.

Dressler focused primarily on the criminal defences of self-defence and provocation.  The United States has witnessed an enlargement of the right of self-defence, and feminists have been significant players in promoting this expansion.  According to Dressler, constraints on the right of self-defence represent the value law places on human life.  However, feminists claim that this area of the law developed in the context of male-on-male violence, giving rise to "boys' rules" that might not be adequate in the context of female-on-male violence.
 
Dressler contends that this assertion is an overstatement and that the core of self defence law is the value of life, which encourages retreat over retaliation.

"Retreating is not a ‘boys' rule'," said Dressler, "real men, Arnold Schwarzenegger men, macho men, never run from their attackers.  They stand their ground and tell their aggressors ‘make my day!'"

Dressler noted how law reforms in various states have not only been abandoning the retreat requirement, but have been contemplating the abandonment of the "imminent threat" requirement as well.   He fears that these reforms will create more violence than they deter and blur the distinction between offence and defence.

In terms of the defence of provocation (when a person is sufficiently provoked sentencing can be reduced from homicide to manslaughter), many feminists want to abolish or narrow its scope.  They worry it sends the message that the crime was somewhat excusable and reinforces the "natural aggressiveness" of males, as well as male violence against women.
 
Dressler asserts that this movement is based on a misunderstanding of the defence which is not a "justification" but an "excuse" that is already very limited in scope.  Furthermore, it is a partial defence applicable only when it is proven that an ordinary person might experience substantial impairment of the capacity of self-control.

Photo by Greg Black

Professor Joshua Dressler participates in the Criminal Law Professors Debate in Macdonald Hall on March 20, 2009.

"I appreciate feminist critique in some areas, however I think the law should send proper moral messages," said Dressler.
 
Many students attended the presentation and were given the opportunity to participate and ask questions.  Piper Morley, Law '11, found Dressler's talk useful not only for its outline of feminist approaches to criminal defences, but also for its explanation of the concept of duress as an "excuse" defence.  "I found the notion of criminal law through the lens of feminism interesting, and Professor Dressler's critique was poignant and thought-provoking," she said.
Dressler spent a week at Queen's and moderated a debate on March 20, between Professors Stuart, Manson, Robinson and Thorburn, as well as Malcolm Savage, Law '10, and Shaugnessy Hawkins, Law  '11 on the criminal defence of duress.