Self, Others and the State: Relations of Criminal Responsibility
Today's post is by Arlie Loughnan who is Professor of Criminal Law and Criminal Law Theory and Co-Director of the Institute of Criminology at the University of Sydney. She is the author of Manifest Madness: Mental Incapacity in Criminal Law (OUP 2012). Criminal responsibility – the basis on which individuals are called to account for criminal conduct, and the form or structure of the criminal law – is now central to criminal law, but it is in need of re-examination. In the context of Australian criminal laws, my book, Self, Others and the State: Relations of Criminal Responsibility reassesses the general assumptions made about the rise to prominence of criminal responsibility in the period since around the turn of the twentieth century. In my account, I pay close and careful attention to the intricacies of developments in criminal responsibility, and reconsider the role and significance of criminal responsibility in criminal law. I argue that criminal responsibility is significan...