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Self, Others and the State

Self, Others and the State
Relations of Criminal Responsibility

£85.00

Part of Law in Context

  • Publication planned for: January 2020
  • availability: Not yet published - available from January 2020
  • format: Hardback
  • isbn: 9781108497602

£ 85.00
Hardback

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About the Authors
  • Criminal responsibility is now central to criminal law, but it is in need of re-examination. In the context of Australian criminal laws, Self, Others and the State reassesses the general assumptions made about the rise to prominence of criminal responsibility in the period since around the turn of the twentieth century. It reconsiders the role of criminal responsibility in criminal law, arguing that criminal responsibility is significant because it organises key sets of relations - between self, others and the state - as relations of responsibility. Detailed studies of decisive moments and developments since the turn of the twentieth century, and original explorations of relations of responsibility, expose the complexity and dynamism of criminal responsibility and reveal that it is the means by which matters of subjectivity, relationality and power make themselves felt in the criminal law.

    • Provides a critical assessment of existing scholarship on criminal responsibility in the Australian criminal law context
    • Marshalls theoretical and historical material to offer an original analysis of criminal responsibility
    • Presents a new account of the significance of criminal responsibility to help readers understand its significance in criminal law
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    Reviews & endorsements

    'This is a new and exciting addition to the burgeoning critical literature on criminal responsibility. Loughnan's focus is on the ways that criminal responsibility is linked to, and organises, wider networks of social responsibilities. This novel approach allows us to see how the narrow question of criminal liability is underpinned and shaped by broader social and institutional framings of responsibilities, giving novel and important insights into what Loughnan calls the 'social life' of the criminal law. These new theoretical insights are developed through an account of the development of criminal responsibility in twentieth-century Australia. This is an important new book and should be essential reading for anyone interested in the history and theory of the criminal law.' Lindsay Farmer, University of Glasgow

    'Responsibility has in recent years become a central preoccupation for criminal lawyers, theorists and historians. Arlie Loughnan's new book nonetheless brings truly fresh things to the … existing debate. In its striking analysis of the differing relations between self, other and the state which underlie responsibility practices, Loughnan shows that … important and contextually significant differences subsist, with certain subjects - women, groups, the state itself - constituted in terms of non-standard forms of responsibility. The book is an important contribution not only to socio-historical and criminal law theory but also to the feminist and post-colonial analysis and critique of law.' Nicola Lacey, London School of Economics and Political Science

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    Product details

    • Publication planned for: January 2020
    • format: Hardback
    • isbn: 9781108497602
    • dimensions: 247 x 174 mm
    • availability: Not yet published - available from January 2020
  • Table of Contents

    Introduction
    Part I. Rethinking Criminal Responsibility:
    1. Space and time in criminal responsibility
    2. The significance of criminal responsibility
    Part II. Responsibility in Criminal Law:
    3. Modernisation of form and process: criminal responsibility at the turn of the twentieth century
    4. The 'birth' of Australian criminal law: the role of criminal responsibility in the mid-century
    5. Peak responsibility?: Codifying criminal responsibility in the late twentieth century
    Part III. Criminal Responsibility in Relation:
    6. Self
    7. Others
    8. State
    Conclusion.

  • Author

    Arlie Loughnan, University of Sydney
    Arlie Loughnan is Professor of Criminal Law and Criminal Law Theory at the University of Sydney, and Co-Director of the Institute of Criminology, University of Sydney. She is the author of Manifest Madness: Mental Incapacity in Criminal Law (2012).

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