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Criminal Law and the Man Problem
Men have always dominated the most basic precepts of the criminal legal world – its norms, its priorities and its character. Men have been the regulators and the regulated: the main subjects and objects of criminal law and by far the more dangerous sex. And yet men, as men, are still hardly talked about as the determining force within criminal law or in its exegesis. This book brings men into sharp focus, as the pervasively powerful interest group, whose wants and preoccupations have shaped the discipline. This constitutes the 'man problem' of criminal law. This new analysis probes the unacknowledged thinking of generations of influential legal men, which includes the psychological and leg...
Feminism and Criminology
This much-needed book is a concise and accessible account of the contribution of feminist thinking to the study of crime. Tracing the intellectual history of criminology from its scientific foundations in the nineteenth century to its recent encounters with postmodernism, Naffine discusses the ways in which the discipline has established its priorities and values, and shows how men became and remain the central interest of the discipline. Criminologists, she argues, are still reluctant to engage with feminist scholarship which questions their agenda. Naffine argues that for several decades feminists from a variety of disciplines have been studying crime, producing increasingly refined and so...
Female Crime
Female Crime, first published in 1987, surveys the major schools of criminology in order to explore the images of the female offender which underpin many contemporary crime theories. In reveals the ways in which male-centred norms dominated much analysis, and how crude stereotypes of women were a common attribute to the armoury of criminological research. Although feminists and other researchers are directing increasing attention to criminology, this was one of the first attempts to deploy feminist analyses developed within other disciplines to examine critically the range of modern criminological theories on women. Its findings demonstrate the importance of a program to create a new feminist criminology which recognises the female offender as a reasoning, purposeful subject. This title will be of interest to students of criminology.
Law's Meaning of Life
The perennial question posed by the philosophically-inclined lawyer is 'What is law?' or perhaps 'What is the nature of law?' This book poses an associated, but no less fundamental, question about law which has received much less attention in the legal literature. It is: 'Who is law for?' Whenever people go to law, they are judged for their suitability as legal persons. They are given or refused rights and duties on the basis of ideas about who matters. These ideas are basic to legal-decision making; they form the intellectual and moral underpinning of legal thought. They help to determine whether law is essentially for rational human beings or whether it also speaks to and for human infants...
Intention in Law and Philosophy
This title was first published in 2001. Legal systems are posited on the assumption that people are rational intentional agents who can choose to follow or break the law. This book connects the common interests of lawyers and philosophers in the meaning of intention and its relation to responsibility in legal, moral and political contexts.
Theory of Legal Personhood
Présentation de l'éditeur: "This work offers a new theory of what it means to be a legal person and suggests that it is best understood as a cluster property. The book explores the origins of legal personhood, the issues afflicting a traditional understanding of the concept, and the numerous debates surrounding the topic."
Sexing the Subject of Law
Provides a guide to the conveyancing of licensed premises. Focusing on propretary clubs, betting offices and the sale of alcohol, the book covers topics such as the qualification of licences, preliminary enquiries to be made, time-limits for notices and seeking approval for structural alterations
Freedom of Religion Under Bills of Rights
"The Australian Constitution contains no guarantee of freedom of religion or freedom of conscience. Indeed, it contains very few provisions dealing with rights — in essence, it is a Constitution that confines itself mainly to prescribing a framework for federal government, setting out the various powers of government and limiting them as between federal and state governments and the three branches of government without attempting to define the rights of citizens except in minor respects. […] Whether Australia should have a national bill of rights has been a controversial issue for quite some time. This is despite the fact that Australia has acceded to the ICCPR, as well as the First Optional Protocol to the ICCPR, thereby accepting an international obligation to bring Australian law into line with the ICCPR, an obligation that Australia has not discharged. Australia is the only country in the Western world without a national bill of rights.4 The chapters that follow in this book debate the situation in Australia and in various other Western jurisdictions.' From Foreword by The Hon Sir Anthony Mason AC KBE: Human Rights and Courts
Time, Temporality and Legal Judgment
This book challenges the correspondence theory of judicial fact construction – that legal rules resemble and subsume facts ‘out there’ – and instead provides an account of judicial fact construction through legally produced times- or adjudicative temporalities- that structure legal subject and event formation in legal judgement. Drawing on Bergsonian and Gadamerian theories of time, this book details how certain adjudicative temporalities can produce fully willed and autonomous subjects through ‘time framed’ legal events – in effect, the paradigmatic liberal legal subject – or how alternative adjudicative temporalities may structure legal subjects that are situated and consti...
