‘Worthy survivors’ of domestic violence in the eyes of the Beijing courts

Jiaying LIN*

*Corresponding author for this work

Research output: Journal PublicationsJournal Article (refereed)peer-review

Abstract

This article builds on Paige Sweet's conceptualization of ‘worthy survivors’ in the United States context and adds a consideration of judicial discretion to define who were considered worthy survivors of domestic violence in the eyes of the Beijing courts in 2021 and 2022. After analysing judges’ decisions in civil judgments and civil orders, the article concludes that worthy survivors were those who described how their abusers challenged legal authorities or disturbed public order, submitted multiple external documents with a clear description of the domestic violence, or mentioned children as direct survivors of physical child abuse committed in public. By contrast, survivors with limited capacity for civil conduct (generally due to schizophrenia) were marginalized and treated as ‘unworthy’. This article contributes to our understanding by addressing how crafting stories in line with mainstream ideology in the specific society helped survivors to achieve institutional recognition.
Original languageEnglish
Pages (from-to)539-561
Number of pages23
JournalJournal of Law and Society
Volume51
Issue number4
Early online date29 Oct 2024
DOIs
Publication statusPublished - Dec 2024

Bibliographical note

Publisher Copyright:
© 2024 The Author(s). Journal of Law and Society published by John Wiley & Sons Ltd on behalf of Cardiff University (CU).

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