In the article “Rights Talk and the Experience of Law” Sally Merry argues that rights are adopted by their identity mostly gender identity. “Gender is an identity which is performatively constituted by expressions” (351). Each gender rights can also be identified by encounters with the police, courts, judges and etc. she talks heavily about battered women and how they should speak up about their violent relationships to receive help. The human rights movement depends on the government to comply with the victims to advocate for the right to help these batter women. The battered women movement relies on criminal justice that encourage women to see their violations as a form of a crime and seek help from the legal system. But some battered women are slow to take action because they are scared of what might happen with their husbands. They are afraid that their husbands may kill them if they take them to court. So women are so afraid that they may back down and drop all charges or they may not want to testify against their husbands. They also fear the shift in subjectivity in the law. They may be called or seen differently by the law. By taking in these rights requires an identity change between both partners. The women will been seen as self protected by the state and the man will be seen as a criminal and controlled by the state.
All of the interactions with law can take on a new identity and sometimes favor the gender. A male police officer may fail to arrest a man for abuse because he may not think batter is something serious. This may discourage women of feeling like they have any rights. So the women must assert themselves so they can have some rights and not just be seen as battered women. There was an increase in cases of men beating on their wives which lead to an increase in seeking help from the law. Women that have been batter came together to help one another and develop a shelter to supper battered women.
Women taking actions by going to the law is being looked at as an exploration. Trying the system and hoping it won’t fail them. By going to the law these women must know the risks; a hostile and angry partner, and it Amy challenge the mans masculinity. When a women calls the police or press’s charges it opposes the power of his masculinity. These women are conflicted by using their rights to come forward about their violations or keeping their mouth shut and being a good wife. Unfortunately they can’t do both.
Some the the women Merry interviewed reported fears and anxieties about going to the courts. Some experienced hesitation for a long time before they went to court. After some women went to court they found the legal system supportive. When these women went to court they slowly stated to their dignity back and feel proud.
The men also was interviewed and they expressed that they felt angry and humiliated. Some felt that it was only one sided and everyone in the court was in the women side. Some wanted to know after so long of abuse their wives wanted to speak up now and that their behavior was not serious at all. Others found it to be life changing and very helpful they started to support their wives.
I think Merry means that identity can be produced through the legal system. For men they can been seen as being humiliated and a criminal. And for women they can been seen as a source of the humiliation and a battered women.
