The politics of Premenstrual Syndrome: Implications for feminist justice

Abstract

Recently, there has been a number of criminal cases where Premenstrual Syndrome (PMS) has been recognized as a mitigating factor in the commission of crime. In the wake of these cases, feminists are divided on the question of whether the use of PMS as defense or as a consideration during sentencing is in the best interests of women. In this paper, Kendall overviews controversies surrounding PMS as a construct which reflects the experiences of women. Deconstructing PMS in order to reveal its political origins within medical discourse, the author argues that the introduction of PMS into legal discourse will only serve to further disadvantage women. She argues for the development of an alternative and potentially subversive discourse about PMS which reflects women's experiences, but which relocates women's bodies within their social, political, and economic context.