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Self, Others and the State: Relations of Criminal Responsibility

Self, Others and the State: Relations of Criminal Responsibility

Author: Arlie Loughnan
Publisher: Cambridge University Press
ISBN: 9781108497602
Published In: December 2019
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

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

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