Crime, Desire and Law's Unconscious


Book Description

Sexual desire, and the possible dangers associated with its more extreme manifestations, provokes strong, albeit often contradictory reactions. Such reactions are a well-known stimulant of creative, juridical and scholarly activity, and the texts of law, literature and academic criticism respond to it in ways that suggest both of revulsion and fascination. But how are we to understand such responses, and what can they tell us about the relationship between law and its‘others’? Exploring these questions in the context of HIV transmission, on-street sexual exploitation and erotic asphyxiation, this book draws on psychoanalytic theory in order to understand the motivations behind legal, literary and cultural constructions of sexual offences, their perpetrators and victims. Its analysis of these constructions in a diverse range of sources - including appeal judgments in England & Wales and North America, criminal trials and their reporting, visual and linguistic cultures and both modern and ‘classical’ literature – will be of great interest to legal theorists and socio-legal scholars, as well as those with relevant concerns in the fields of literature and cultural studies.




Law and the Unconscious


Book Description

How do we bring the law into line with people's psychological experience? How can psychoanalysis help us understand irrational actions and bad choices? Our legal system relies on the idea that people act reasonably and of their own free will, yet some still commit crimes with a high likelihood of being caught, sign obviously one-sided contracts, or violate their own moral codes--behavior many would call fundamentally irrational. Anne Dailey shows that a psychoanalytic perspective grounded in solid clinical work can bring the law into line with the reality of psychological experience. Approaching contemporary legal debates with fresh insights, this original and powerful critique sheds new light on issues of overriding social importance, including false confessions, sexual consent, threats of violence, and criminal responsibility. By challenging basic legal assumptions with a nuanced and humane perspective, Dailey shows how psychoanalysis can further our legal system's highest ideals of individual fairness and systemic justice.




Criminal Law Conversations


Book Description

Criminal Law Conversations provides an authoritative overview of contemporary criminal law debates in the United States. This collection of high caliber scholarly papers was assembled using an innovative and interactive method of nominations and commentary by the nation's top legal scholars. Virtually every leading scholar in the field has participated, resulting in a volume of interest to those both in and outside of the community. Criminal Law Conversations showcases the most captivating of these essays, and provides insight into the most fundamental and provocative questions of modern criminal law. * Jeffrie G. Murphy's, essay "Remorse, Apology & Mercy," was declared Recommended Reading in the Green Bag Almanac and Reader, 2010.




The Oxford Handbook of Criminal Law


Book Description

The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.




The Major Literary Seminars of Jacques Lacan


Book Description

The Major Literary Seminars of Jacques Lacan considers the three key phases of Lacan’s interest in literary topics. Santanu Biswas first examines the seminars given between 1955 and 1961, in which Lacan spoke on Edgar Allan Poe’s short story "The Purloined Letter", Hamlet, Sophocles’ Antigone, and Paul Claudel’s The Coûfontaine Trilogy, and where literature is related to meaning. This is followed by an exploration of Lacan’s seminar on "Lituraterre" in 1971, wherein Lacan elaborates on the different ways in which literature appeared to turn towards lituraterre. Finally, Biswas considers Lacan’s 1975–1976 seminar on James Joyce, who created literature out of “litter” and was concerned with jouissance rather than with meaning. The Major Literary Seminars of Jacques Lacan will be of great interest to Lacanian psychoanalysts, other mental health practitioners interested in the teachings of Lacan, and academics and students of Lacanian studies, literature, and psychoanalysis.




Criminal Law in Canada


Book Description

Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a practical analysis of criminal law in Canada. An introduction presents the necessary background information about the framework and sources of the criminal justice system, and then proceeds to a detailed examination of the grounds for criminal liability, the justification of criminal offences, the defences that diminish or excuse criminal liability, the classification of criminal offences, and the sanctions system. Coverage of criminal procedure focuses on the organization of investigations, pre-trial proceedings, trial stage, and legal remedies. A final part describes the execution of sentences and orders, the prison system, and the extinction of custodial sanctions or sentences. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for criminal lawyers, prosecutors, law enforcement officers, and criminal court judges handling cases connected with Canada. Academics and researchers, as well as the various international organizations in the field, will welcome this very useful guide, and will appreciate its value in the study of comparative criminal law.




Reform of the Federal Criminal Laws


Book Description




Theoretical Criminology from Modernity to Post-Modernism


Book Description

This book incorporates many of the exciting debates in the social sciences and philosophy of knowledge concerning the issues of modernity and post-modernism. It sets out a new project for criminology, a criminology of modernity, and offers a sustained critique of theorizing without a concern for social totalities. This book is designed to place criminological theory at the cutting edge of contemporary debates. Wayne Morrison reviews the history and present state of criminology and identifies a range of social problems and large scale social processes which must be addressed if the subject is to attain intellectual commitment. This book marks a new development in criminological texts and will serve a valuable function not only for students and academics but for all those interested in the project of understanding crime in contemporary conditions.







Feminist Readings of Antigone


Book Description

Feminist Readings of Antigone collects the most interesting and provocative feminist work on the figure of Antigone, in particular looking at how she can figure into contemporary debates on the role of women in society. Contributors focus on female subjectivity and sexuality, feminist ethics and politics, questions of race and gender, psychoanalytic theory, kinship, embodiment, and tensions between the private and the public. This collection seeks to explore and spark debate about why Antigone has become such an important figure for feminist thinkers of our time, what we can learn from her, whether a feminist politics turning to this ancient heroine can be progressive or is bound to idealize the past, and why Antigone keeps entering the stage in times of political crisis and struggle in all corners of the world. Fanny Söderbäck has gathered classic work in this field alongside newly written pieces by some of the most important voices in contemporary feminist philosophy. The volume includes essays by Judith Butler, Adriana Cavarero, Tina Chanter, Luce Irigaray, and Julia Kristeva.