Weaponising Relationality? Judicial (Re)Interpretation of Loss of Control in Domestic Homicide Cases

Carline, Anna ORCID: 0000-0001-9350-3501, Singh, Sarah ORCID: 0000-0003-4968-2201, Soubise, Laurene and Gibson, Matthew (2026) Weaponising Relationality? Judicial (Re)Interpretation of Loss of Control in Domestic Homicide Cases Feminist Legal Studies. pp. 1-22. ISSN 0966-3622, 1572-8455

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Abstract

The plight of women who kill their abuser was a key driver in abolishing provocation and introducing loss of control. However, it is increasingly documented that the partial defence to murder continues to aid violent men, while failing to assist abused women. Applying Nedelsky’s concept of relational autonomy, analysis of 117 appeal cases provides valuable insight into why reform aims have not been realised. Drawing upon intimate partner and familial abuse cases, we explore how, in contrast to Nedelsky’s mobilisation, judicial interpretation allows relationality to be ‘weaponised’ in ways which undermine statutory reform, perpetuating gendered injustice. To conclude, we argue that Nedelsky’s relational approach necessitates the implementation of an ethical interpretative framework which acknowledges the gendered harms of the past. We introduce the notion of ‘recuperated relationality’ to highlight the need to reclaim relationality so that it can be ethically mobilised to foster a more progressive interpretation to gendered violence.

Item Type:	Article
Uncontrolled Keywords:	Domestic Violence, Homicide, Judicial Interpretation, Loss of Control, Relationality
Divisions:	Faculty of Humanities & Social Sciences Faculty of Humanities & Social Sciences > School of Law and Social Justice Faculty of Humanities & Social Sciences > School of Law and Social Justice > Law Faculty of Humanities & Social Sciences > Faculty of Humanities & Social Sci (All T&R Staff) Faculty of Humanities & Social Sciences > School of Law and Social Justice > School of Law and Social Justice (T&R Staff)
Depositing User:	Symplectic Admin
Date Deposited:	09 Apr 2026 14:45
Last Modified:	23 Jul 2026 07:26
DOI:	10.1007/s10691-026-09612-8
Related Websites:	Author Publisher
URI:	https://livrepository.liverpool.ac.uk/id/eprint/3197906
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