Assignment 9
What I think Merry means when she says that subjectivities are produced through encounters through the legal system is that people, more specifically women, bias especially through the legal system. An argument that merry makes is that women that are in abusive relationship or marriages, the women who are being abused reports the abuse and other wrongdoings towards them and as a result they are choosing themselves over the man and that is when the woman gains power over the man. “At the same time her actions allow the law to define her husband/partner as a criminal under the surveillance and control of the state”. After reading that I feel that the mistreated or battered woman now has power over her husband or partner. I also think what Merry is trying to say is that after going to the legal system, the woman’s family tries to convince her that she’s not a good wife or girlfriend and will also try to. Convince her that she took away her husband’s or partner’s masculinity. “A battered woman may be be pressured by king to feel she is a bad wife, while her rather may claim she I staking away his masculinity.” Then right after, Merry states that a woman is considered a bad wife or girlfriend when after she goes to the legal system and asks for help then she takes it back. Then they are considered as having identity transformation.
A problem that Merry points out is what if those in the legal system favored the male and thought that the woman is overreacting and didn’t take the situation serious. This makes the woman thinks twice about what power she has to protect herself and her rights. Another problem that I noticed was when Merry said that when the male tries to reassert his masculinity, the female tries to find the new subject within the law alienating and empty. However, on the other hand, she also says that the female’s family would pressure her into leaving the abusive male and get new services to protect herself within the legal system. In my opinion, after reading that women often go to the legal system for help then try to take it back in fear of what her family thinks or that she fears that she is challenging the male. I don’t think that women should try to take back going to the legal system for help, because in a way the woman herself is taking away her own power. Not only to stop the abuse, but just having he own power in fear of being judged or fear of retaliation from the abusive male. “As women confront the demand to testify against an offender in open court, unsure of the penalty that will follow, but certain of the anger he feels as a result of her testimony, the nature of the new subjectivity offered to her by the law appears ambiguous and unclear”. I felt that this was another reason as to why women try to back out because the legal system doesn’t make what comes next clear and being that the female is unclear, scared, etc., she thinks twice about wether or not she should go through with whatever service it was that she chose.