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.
An original analysis and in-depth historical examination of criminal responsibility in the context of Australian criminal law.
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).
'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