Perfect examples on the political nature of laws is the enactment of laws particularly targeting for instance battered women and the world’s enemy, the terrorists. Laws protecting battered women and/or fighting against terrorism are even enacted not just by the United States, but are adopted globally pursuant to the United Nations Convention principles fighting against these universal crimes. Battered women syndrome is one where women have tendencies of committing violence and in fact are involved the killing of their husbands for instance, partners and the like.
It has been recognized in the history that women have been the subject of their husbands’ battery for whatever reason they have in mind. Constant abuse upon them, physical, sexual, moral or economic abuse, does not render them helpless. While DSM IV does not recognize battered women syndrome, the concept is treated as a manifestation of post traumatic stress after the so-called emotional, physical, sexual, moral or economic abuse. These forms of abuse create a tendency on women to take retaliatory defenses upon their male abusers and results their commission of the said crimes.
In view of the recognition of battered women syndrome as a manifestation of post traumatic stress disorder, the same can be raised as a defense by those women who have resorted to violence in order to defend and protect their person, property or honor, including their children. There are even instances where battered women syndrome is considered as a complete form of self-defense which justifies the commission of the crime, and in such case, the women offenders are exonerated both from criminal and civil liability. In fact, they are considered as the victims and not the offenders.
On the other hand, there are now laws fighting against terrorism. It is an established fact that terrorism is a universal crime, threatening as it does, not only the survival of the people in a single community but all countries in general. In this regard, countries including the United States find it fitting to impose with strictness the application on the laws fighting against terrorism and imposing stiffer penalties upon the offenders other than actual retaliatory measures taken by the state, such as for instance, the dispersal of military troupes by the United States upon Iraq during the past years.
In this aspect, laws on terrorism are strictly enforced against the offenders. Obviously, offenders as they are, the law imposes upon them stiffer penalties not to mention, other forms of retaliatory measures that a state may take, such as economic sabotage, termination of trade relations, and the like. While the law follows the maxim that the offenders are considered innocent until their guilt has been proved beyond reasonable doubt, a strict application of terrorism laws have been observed.
This has for the purpose of protecting not only the United States as a country but the world as a whole from violent and unreasonable attacks by bandits and terrorist groups. 1. Law is an ideological discourse that is shaped by, and reflective of the interests and experiences of those who participate in society’s dominant structures and institutions. Ideology shall mean that which has for its purpose of maintaining social order, promoting social change through peaceful means and in accordance to society’s expectations.
In other words, ideologies are those intended to regulate human behavior without compromising the individual interest and the interests of the state. These ideologies are imposed upon the people as a form of unwritten law, establishing discipline and impose punishment when appropriate. Long practice of these ideologies result in the enactment of laws pursuant thereto, that is, unwritten laws becoming formal and written principles of law to extract obedience and impose discipline among the populace.