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6 - Self

from Part III - Criminal Responsibility in Relation

Published online by Cambridge University Press:  11 November 2019

Arlie Loughnan
Affiliation:
University of Sydney
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Summary

Through my analysis of women’s responsibility for crime, in this chapter, I engage with this unitary story of criminal responsibility from two perspectives and make two main arguments. First, I argue that, on the level of legal form, women’s responsibility for crime is marked by particularity and specificity, rather than generality and universalism, making women’s responsibility for crime distinctive. This particularity and specificity has been the product of two dynamics, relating to violence by women, and violence against women. In the first of the dynamics giving rise to the distinctiveness of women’s responsibility for crime, which was dominant up to the mid-century century, violence by women was pathologised and women’s responsibility for crime was constructed as diminished or circumscribed. In the second dynamic, which has been dominant since the last decades of the twentieth century, the rise to prominence of violence against women – in particular, domestic or family violence – has recast women’s violence as responsive – by which I mean comprehensible only by reference to what has already happened – and reconstructed women’s responsibility as an amalgam of agency and victimhood/survivorhood. Each of these dynamics has generated atypical responsibility forms which do not fit the unitary story of criminal responsibility.

Type
Chapter
Information
Self, Others and the State
Relations of Criminal Responsibility
, pp. 165 - 192
Publisher: Cambridge University Press
Print publication year: 2019

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  • Self
  • Arlie Loughnan, University of Sydney
  • Book: Self, Others and the State
  • Online publication: 11 November 2019
  • Chapter DOI: https://doi.org/10.1017/9781108596367.007
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  • Self
  • Arlie Loughnan, University of Sydney
  • Book: Self, Others and the State
  • Online publication: 11 November 2019
  • Chapter DOI: https://doi.org/10.1017/9781108596367.007
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Self
  • Arlie Loughnan, University of Sydney
  • Book: Self, Others and the State
  • Online publication: 11 November 2019
  • Chapter DOI: https://doi.org/10.1017/9781108596367.007
Available formats
×